83 FR 2955 - Air Plan Approval; ID, Crop Residue Burning; Revision to Ozone Requirement

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 14 (January 22, 2018)

Page Range		2955-2957
FR Document		2018-01039

The Environmental Protection Agency (EPA) is proposing to approve revisions to the portions of Idaho's State Implementation Plan (SIP) related to agricultural crop residue burning. The Director of the Idaho Department of Environmental Quality (IDEQ) submitted the revisions to EPA on September 22, 2017. IDEQ supplemented the original submission with photochemical modeling analyses on October 23, 2017. The revisions change the ambient ozone concentration level at which IDEQ may approve a permittee's request to burn. EPA is proposing to approve the revisions because they satisfy the requirements of the Clean Air Act. This action is being taken under section 110 of the Clean Air Act (the Act or CAA).

Federal Register, Volume 83 Issue 14 (Monday, January 22, 2018)

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Proposed Rules]
[Pages 2955-2957]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-01039]

[[Page 2955]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0566: FRL-9973- 21--Region 10]

Air Plan Approval; ID, Crop Residue Burning; Revision to Ozone
Requirement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the portions of Idaho's State Implementation Plan
(SIP) related to agricultural crop residue burning. The Director of the
Idaho Department of Environmental Quality (IDEQ) submitted the
revisions to EPA on September 22, 2017. IDEQ supplemented the original
submission with photochemical modeling analyses on October 23, 2017.
The revisions change the ambient ozone concentration level at which
IDEQ may approve a permittee's request to burn. EPA is proposing to
approve the revisions because they satisfy the requirements of the
Clean Air Act. This action is being taken under section 110 of the
Clean Air Act (the Act or CAA).

DATES: Written comments must be received on or before February 21,
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0566, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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: Randall Ruddick, Air Planning Unit,
Office of Air and Waste (OAW-150), Environmental Protection Agency,
Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone
number: 206-553-1999, email address: ruddick.randall@epa.gov.

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
A. Idaho's Crop Residue Burning Program
B. Idaho's Proposed SIP Revision
C. 2015 Ozone NAAQS Background
II. EPA's Review of Idaho's Submittal
A. Summary of Idaho's Demonstration
B. Clean Air Act Sec. 110(l) Requirements
III. EPA's Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. Idaho's Crop Residue Burning Program

Idaho's regulations at Idaho Administrative Procedures Act (IDAPA)
58.01.01.617 through 624 contain the federally-approved State
Implementation Plan (SIP) provisions regulating open burning of crop
residue in Idaho. These rules were approved by EPA on August 1, 2008,
(73 FR 44915) and were submitted to EPA in response to the Ninth
Circuit Court of Appeals decision in Safe Air for Everyone v. USEPA,
475 F.3d 1096, amended 488 F.3d 1088 (9th Cir 2007). More information
regarding the Ninth Circuit Court of Appeals decision and the
federally-approved requirements for crop residue burning can be found
in EPA's proposed and final actions on the state's 2008 SIP submittal.
73 FR 23155 (April 29, 2008) and 73 FR 44915 (August 1, 2008).
In 2013, EPA approved revisions related to Idaho's open burning and
crop residue burning requirements that established a streamlined
permitting process for spot burns, baled agricultural residue burns,
and propane flaming. The revisions also made minor changes to the
existing crop residue burning rules to update cross references and
clarify certain administrative information. More information regarding
the revisions EPA approved in 2013 can be found in EPA's proposed and
final actions on the state's 2011 SIP submittal. 78 FR 2359 (January
11, 2013) and 78 FR 16790 (March 19, 2013).
Idaho's federally-approved crop residue burning rules at IDAPA
58.01.01.617 currently provide that the open burning of crop residue on
fields where the crops were grown is an allowable form of open burning
if conducted in accordance with the provisions at IDAPA 58.01.01.618
through 624. In brief, these rules require that a person desiring to
burn crop residue must register at least thirty days in advance of the
date of the proposed burn, pay a fee at least seven days prior to the
burn, contact the IDEQ for initial approval at least 12 hours prior to
the burn, obtain final approval from the IDEQ the morning of the burn,
and submit a post-burn report to the IDEQ. In addition, all persons
intending to dispose of crop residue through burning must abide by all
of the general provisions in IDAPA 58.01.01.622 which covers such items
as training requirements, reporting requirements, and certain
limitations on burning.
The criteria according to which IDEQ may approve a request to burn
crop residue are delineated in IDAPA 58.01.01.621. Importantly, the
federally approved version currently in Idaho's SIP requires that IDEQ,
before approving a permittee's request to burn, determine that ambient
air quality levels do not exceed seventy-five percent of any NAAQS
concentration level on the day when the burning will occur and are not
projected to exceed such level over the next 24 hours. In addition,
IDEQ must determine that ambient air quality levels have not reached,
and are not forecasted to reach and persist at, eighty percent of the
one-hour action criteria for particulate matter under IDAPA
58.01.01.556.\1\ Thus, IDEQ will not approve a burn if these levels are
expected to be exceeded as a result of the burn. In determining whether
to approve the burn, IDEQ must also consider the expected emissions
from the proposed burn, the proximity of the proposed burn to other
burns, the moisture content of the fuels, the acreage, crop type and
other fuel characteristics, existing and expected meteorological
conditions, the proximity of the proposed burn to institutions with
sensitive populations, public roadways, and airports, and other
relevant factors. See IDAPA 58.01.01.621.01. IDEQ must also notify the
public as to whether a given day is a burn or no-burn day; the location
and number of acres permitted to be burned; meteorological conditions
and any real time ambient air quality monitoring data, and a toll-free
number to receive request for information. IDAPA 58.01.01.623.
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\1\ The current one-hour action criteria under IDAPA
58.01.01.556 is an average of 80 [micro]g/m\3\ for PM2.5
and an average of 385 ug/m\3\ for PM10.

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[[Page 2956]]

B. Idaho's Proposed SIP Revision

On September 22, 2017, Idaho submitted a SIP revision request to
EPA. This SIP submittal contains one change to the federally-approved
crop residue burning rules. Specifically, the September 22, 2017, SIP
submittal revises the ozone concentration level at which IDEQ may
authorize (authorization level) agricultural crop residue burning (CRB)
at IDAPA 58.01.01.621.01 and Idaho Code 39-114 (codification of Idaho
Senate Bill 1009, Section 3) from seventy-five to ninety percent of the
Ozone NAAQS. This revision does not change the authorization levels for
any other NAAQS and all other CRB requirements remain unchanged.
IDEQ submitted this revision after concluding that an authorization
level of seventy-five percent of the Ozone NAAQS was problematic
because it prohibited IDEQ from allowing burning on what would
otherwise be a desirable day to burn from a smoke management
perspective--when smoke would rise well into the transport layer and
disperse well. IDEQ asserts burning on days when smoke dispersion is
better will further limit negative impacts on public health.
In the September 22, 2017, submittal, the IDEQ described the
process for making the rule changes and noted that the changes were
drafted in conjunction with negotiated rulemaking involving persons
having an interest in the development of this rule. IDEQ's negotiated
rulemaking process \2\ did not result in a consensus regarding the SIP
revisions Idaho submitted on September 22, 2017.
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\2\ Idaho's negotiated rulemaking process is described in
Section 67-5220, Idaho Code and IDAPA 04.11.01.810 through 819.
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C. 2015 Ozone NAAQS Background

On October 1, 2015, EPA signed a notice of final rulemaking that
revised the 8-hour primary and secondary Ozone NAAQS (80 FR 65292;
October 26, 2015). While both standards retain the same general form
and averaging time (annual fourth-highest daily maximum 8-hour average
concentration, averaged over three years \3\), they were lowered from
0.075 parts per million (ppm) to a level of 0.070 ppm.\4\ The revised
2015 Ozone NAAQS provides greater protection of public health and the
environment than the previous 2008 Ozone NAAQS.
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\3\ See 80 FR 65296; October 26, 2015, for a detailed
explanation of the calculation of the 3-year 8-hour average and 40
CFR part 50, Appendix U.
\4\ These levels are commonly referred to in parts per billion
(ppb): 75 ppb and 70 ppb, respectively.
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Following promulgation of a new or revised NAAQS, EPA is required
by section 107(d)(1) of the CAA to designate areas throughout the
United States as attainment, nonattainment, or unclassifiable for the
NAAQS. Nonattainment areas include both areas that are violating the
NAAQS, and nearby areas with emissions sources or activities that
contribute to violations in those areas. States with areas designated
nonattainment are required to prepare and submit a plan for attaining
the NAAQS in the area as expeditiously as practicable.
On November 6, 2017, EPA issued final designations for the 2015
Ozone NAAQS for most areas in the United States. Specifically, we found
that Idaho meets the standard statewide and issued a final designation
of ``attainment/unclassifiable'' for Idaho statewide. This final
designation became effective January 16, 2018.

II. EPA's Review of Idaho's Submittal

A. Summary of Idaho's Demonstration

Idaho submitted a ``Weight of Evidence'' demonstration containing
multiple analyses of ozone monitoring data; they also submitted
photochemical modeling to demonstrate that the proposed SIP revision
would not interfere with attainment of the 2015 Ozone NAAQS. (See
Docket EPA-R10_OAR-2017-0566: 002_state submittals_Weight of Evidence
SIP narrative CRBO3 crop residue burning ozone.pdf and 004_state
submittals_2017ACQ100 final CRB Ozone Modeling SIP amendment Report EPA
submittal.pdf respectively.) Idaho's demonstration uses several
different approaches to evaluate existing ozone monitoring data from
2011 through 2015 to attempt to quantify the impacts of crop residue
burning during that period upon ambient ozone concentrations. Through
this methodology, it attempts to demonstrate that the range of ambient
impacts from historic crop residue burning have not exceeded levels
that would be expected to cause a violation of the 2015 Ozone NAAQS.
Idaho's demonstration further provides that the universe of sources
participating in the crop residue burning program is stable and that
ozone precursor emissions under the proposed revised SIP will not
increase even though there is no provision in the SIP which explicitly
limits the scope of CRB either in terms of a limit on acres burned or
emissions generated by the practice. Finally, Idaho supplemented its
``Weight of Evidence'' demonstration with a photochemical modeling
demonstration that evaluated whether increasing the SIP's CRB
authorization level to ninety percent of the Ozone NAAQS concentration
would result in a violation of the NAAQS and concluded that Idaho would
continue to attain the Ozone NAAQS at this higher authorization level.
EPA's analysis of Idaho's demonstration is included in our Technical
Support Document (Docket R10-OAR-2017-0566, 101_Technical Support
Document_ID 2017 CRB Ozone Revision.pdf) and elsewhere in this Notice.

B. Clean Air Act Sec. 110(l) Requirements

Approvals to revisions of SIPs are subject to the requirements of
CAA Sec. 110(l). Under section 110(l), the Administrator may not
approve a SIP revision ``if the revision would interfere with any
applicable requirements concerning attainment and reasonable further
progress, or any other applicable requirement of [the Act].''
We considered all of the NAAQS pollutants and determined the most
relevant pollutants for this evaluation are PM2.5,
PM10, and ozone. PM and ozone are relevant because the EPA's
recent review of the NAAQS for these pollutants resulted in more
stringent standards (78 FR 3085, January 15, 2013; and 80 FR 65292;
October 26, 2015). There are no nonattainment areas for carbon
monoxide, sulfur dioxide, nitrogen dioxide or lead. AQS data show the
levels for these pollutants are well below the standards.
Idaho's CRB ozone authorization level SIP revision does not affect
a change in Idaho's Regional Haze SIP (approved November 8, 2012, 77 FR
66929) because it does not change or impose a limit on the quantity of
light impairing pollutants emitted from crop residue burning. Idaho's
5-Year Progress Report, submitted June 28, 2016, demonstrates
visibility improvement at all three of the Class I area monitoring
sites, Craters of the Moon National Monument, Sawtooth Wilderness, and
Selway-Bitterroot Wilderness. Current regional haze plan strategies are
sufficient for Idaho and its neighboring states to meet their
reasonable progress goals.
Our findings in the 2008 approval (73 FR 23155, April 29, 2008)
that CRB was not the cause of PM nonattainment issues are still valid.
The same reasoning applies to the West Silver Valley nonattainment area
as well. Residential wood combustion in the cold, winter months during
atmospheric inversions is most responsible for elevated particulate
matter in these areas. Prescribed burning in the late autumn and early
spring also contributes substantially. The CRB authorization level and
control measures specific to PM2.5 and PM10 are

[[Page 2957]]

not changing under this proposed SIP revision. The revision will not
interfere in attainment or reasonable further progress or any other
applicable requirement with respect to either PM NAAQS.
To address 110(l) requirement for ozone, we reviewed Idaho's
``Weight of Evidence'' demonstration submitted September 22, 2017, and
their supplemental modeling analyses submitted October 23, 2017. Based
on our review of Idaho's modeling and monitor data analyses we conclude
that the proposed revision to Idaho's CRB ozone authorization level
will not interfere with attainment or reasonable further progress with
the 2015 Ozone NAAQS or any other applicable CAA requirement.
Section 107(d)(1)(A)(i) of the CAA defines a ``nonattainment area''
as ``any area that does not meet (or that contributes to ambient air
quality in a nearby area that does not meet) the national primary or
secondary ambient air quality standard for the pollutant.'' If an area
meets either prong of this definition, then the EPA is obligated to
designate the area as ``nonattainment.'' There are no areas designated
as nonattainment for ozone in the state of Idaho (82 FR 54232, November
16, 2017), in part, because we do not believe Idaho is contributing to
violations of the 2015 Ozone NAAQS in other states.

III. EPA's Proposed Action

We have reviewed Idaho's demonstration that revising the CRB ozone
authorization level from seventy-five percent to ninety percent of the
Ozone NAAQS is still protective of the NAAQS, will not result in an
increase of emissions, and will not interfere with attainment of the
2015 Ozone NAAQS. We believe Idaho adequately justified its conclusions
with respect to each of these. EPA's approval decision is based
primarily on the photochemical modeling with secondary reliance on the
weight of evidence demonstration put forth by Idaho. See Docket R10-
OAR-2017-0566, 101_Technical Support Document_ID 2017 CRB Ozone
Revision.pdf for details on our review of the state submittal. Based on
the information provided by Idaho, as discussed in our Technical
Support Document, we propose to approve Idaho's SIP revision and amend
the authorization level for CRB to 90% of the Ozone NAAQS.
Authorization levels for CRB in Idaho's SIP will remain at 75% for all
other NAAQS.
Under CAA section 110(k), EPA is proposing to approve revisions to
Idaho's SIP requested in their September 22, 2017, SIP submittal.
Moreover, based on the factors discussed above, we also conclude that
approval of the SIP submittal will not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the Clean Air Act.

IV. Incorporation by Reference

In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Idaho regulations for Burn Approval Criteria at IDAPA
58.01.01.621.01 and Idaho Code 39-114, State Effective February 28,
2018, discussed in Section I.B. of the preamble. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 10 Office (please contact the
person identified in the ``For Further Information Contact'' section of
this preamble for more information).

V. Statutory and Executive Order Reviews

Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 proposed 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);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where 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 and will not impose substantial direct
costs on tribal governments or preempt tribal law 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, Ozone,
Particulate matter, Volatile organic compounds.

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

Dated: January 11, 2018.
Chris Hladick,
Regional Administrator, EPA Region 10.
[FR Doc. 2018-01039 Filed 1-19-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Proposed Rules 2955

ENVIRONMENTAL PROTECTION Office of Air and Waste (OAW–150), allowable form of open burning if
AGENCY Environmental Protection Agency, conducted in accordance with the
Region 10, 1200 Sixth Ave., Suite 900, provisions at IDAPA 58.01.01.618
40 CFR Part 52 Seattle, WA 98101; telephone number: through 624. In brief, these rules require
[EPA–R10–OAR–2017–0566: FRL–9973– 206–553–1999, email address: that a person desiring to burn crop
21—Region 10] ruddick.randall@epa.gov. residue must register at least thirty days
SUPPLEMENTARY INFORMATION: in advance of the date of the proposed
Air Plan Approval; ID, Crop Residue Throughout this document, wherever burn, pay a fee at least seven days prior
Burning; Revision to Ozone ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is to the burn, contact the IDEQ for initial
Requirement intended to refer to the EPA. approval at least 12 hours prior to the
AGENCY: Environmental Protection burn, obtain final approval from the
Table of Contents:
Agency (EPA). IDEQ the morning of the burn, and
ACTION: Proposed rule. I. Background submit a post-burn report to the IDEQ.
A. Idaho’s Crop Residue Burning Program In addition, all persons intending to
SUMMARY: The Environmental Protection B. Idaho’s Proposed SIP Revision dispose of crop residue through burning
Agency (EPA) is proposing to approve C. 2015 Ozone NAAQS Background must abide by all of the general
revisions to the portions of Idaho’s State II. EPA’s Review of Idaho’s Submittal provisions in IDAPA 58.01.01.622
Implementation Plan (SIP) related to A. Summary of Idaho’s Demonstration which covers such items as training
agricultural crop residue burning. The B. Clean Air Act § 110(l) Requirements
III. EPA’s Proposed Action requirements, reporting requirements,
Director of the Idaho Department of and certain limitations on burning.
IV. Incorporation by Reference
Environmental Quality (IDEQ) V. Statutory and Executive Order Reviews
submitted the revisions to EPA on The criteria according to which IDEQ
September 22, 2017. IDEQ may approve a request to burn crop
I. Background residue are delineated in IDAPA
supplemented the original submission
with photochemical modeling analyses A. Idaho’s Crop Residue Burning 58.01.01.621. Importantly, the federally
on October 23, 2017. The revisions Program approved version currently in Idaho’s
change the ambient ozone concentration SIP requires that IDEQ, before approving
Idaho’s regulations at Idaho
level at which IDEQ may approve a a permittee’s request to burn, determine
Administrative Procedures Act (IDAPA)
permittee’s request to burn. EPA is that ambient air quality levels do not
58.01.01.617 through 624 contain the
proposing to approve the revisions exceed seventy-five percent of any
federally-approved State
because they satisfy the requirements of Implementation Plan (SIP) provisions NAAQS concentration level on the day
the Clean Air Act. This action is being regulating open burning of crop residue when the burning will occur and are not
taken under section 110 of the Clean Air in Idaho. These rules were approved by projected to exceed such level over the
Act (the Act or CAA). EPA on August 1, 2008, (73 FR 44915) next 24 hours. In addition, IDEQ must
DATES: Written comments must be and were submitted to EPA in response determine that ambient air quality levels
received on or before February 21, 2018. to the Ninth Circuit Court of Appeals have not reached, and are not forecasted
ADDRESSES: Submit your comments, decision in Safe Air for Everyone v. to reach and persist at, eighty percent of
identified by Docket ID No. EPA–R10– USEPA, 475 F.3d 1096, amended 488 the one-hour action criteria for
OAR–2017–0566, at http:// F.3d 1088 (9th Cir 2007). More particulate matter under IDAPA
www.regulations.gov. Follow the online information regarding the Ninth Circuit 58.01.01.556.1 Thus, IDEQ will not
instructions for submitting comments. Court of Appeals decision and the approve a burn if these levels are
Once submitted, comments cannot be federally-approved requirements for expected to be exceeded as a result of
edited or removed from Regulations.gov. crop residue burning can be found in the burn. In determining whether to
EPA may publish any comment received EPA’s proposed and final actions on the approve the burn, IDEQ must also
to its public docket. Do not submit state’s 2008 SIP submittal. 73 FR 23155 consider the expected emissions from
electronically any information you (April 29, 2008) and 73 FR 44915 the proposed burn, the proximity of the
consider to be Confidential Business (August 1, 2008). proposed burn to other burns, the
Information (CBI) or other information In 2013, EPA approved revisions moisture content of the fuels, the
whose disclosure is restricted by statute. related to Idaho’s open burning and acreage, crop type and other fuel
Multimedia submissions (audio, video, crop residue burning requirements that characteristics, existing and expected
etc.) must be accompanied by a written established a streamlined permitting meteorological conditions, the
comment. The written comment is process for spot burns, baled proximity of the proposed burn to
considered the official comment and agricultural residue burns, and propane institutions with sensitive populations,
should include discussion of all points flaming. The revisions also made minor public roadways, and airports, and other
you wish to make. EPA will generally changes to the existing crop residue relevant factors. See IDAPA
not consider comments or comment burning rules to update cross references 58.01.01.621.01. IDEQ must also notify
contents located outside of the primary and clarify certain administrative the public as to whether a given day is
submission (i.e., on the web, cloud, or information. More information a burn or no-burn day; the location and
other file sharing system). For regarding the revisions EPA approved in number of acres permitted to be burned;
additional submission methods, the full 2013 can be found in EPA’s proposed meteorological conditions and any real
ethrower on DSK3G9T082PROD with PROPOSALS

EPA public comment policy, and final actions on the state’s 2011 SIP time ambient air quality monitoring
information about CBI or multimedia submittal. 78 FR 2359 (January 11, 2013) data, and a toll-free number to receive
submissions, and general guidance on and 78 FR 16790 (March 19, 2013). request for information. IDAPA
making effective comments, please visit Idaho’s federally-approved crop 58.01.01.623.
http://www2.epa.gov/dockets/ residue burning rules at IDAPA
commenting-epa-dockets. 58.01.01.617 currently provide that the 1 The current one-hour action criteria under
FOR FURTHER INFORMATION CONTACT: open burning of crop residue on fields IDAPA 58.01.01.556 is an average of 80 mg/m3 for
Randall Ruddick, Air Planning Unit, where the crops were grown is an PM2.5 and an average of 385 ug/m3 for PM10.

VerDate Sep<11>2014 16:49 Jan 19, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\22JAP1.SGM 22JAP1

2956 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Proposed Rules

B. Idaho’s Proposed SIP Revision Following promulgation of a new or level to ninety percent of the Ozone
On September 22, 2017, Idaho revised NAAQS, EPA is required by NAAQS concentration would result in a
submitted a SIP revision request to EPA. section 107(d)(1) of the CAA to violation of the NAAQS and concluded
This SIP submittal contains one change designate areas throughout the United that Idaho would continue to attain the
to the federally-approved crop residue States as attainment, nonattainment, or Ozone NAAQS at this higher
unclassifiable for the NAAQS. authorization level. EPA’s analysis of
burning rules. Specifically, the
Nonattainment areas include both areas Idaho’s demonstration is included in
September 22, 2017, SIP submittal
that are violating the NAAQS, and our Technical Support Document
revises the ozone concentration level at
nearby areas with emissions sources or (Docket R10–OAR–2017–0566, 101_
which IDEQ may authorize
activities that contribute to violations in Technical Support Document_ID 2017
(authorization level) agricultural crop
those areas. States with areas designated CRB Ozone Revision.pdf) and elsewhere
residue burning (CRB) at IDAPA
nonattainment are required to prepare in this Notice.
58.01.01.621.01 and Idaho Code 39–114
(codification of Idaho Senate Bill 1009, and submit a plan for attaining the B. Clean Air Act § 110(l) Requirements
Section 3) from seventy-five to ninety NAAQS in the area as expeditiously as
practicable. Approvals to revisions of SIPs are
percent of the Ozone NAAQS. This subject to the requirements of CAA
On November 6, 2017, EPA issued
revision does not change the § 110(l). Under section 110(l), the
final designations for the 2015 Ozone
authorization levels for any other Administrator may not approve a SIP
NAAQS for most areas in the United
NAAQS and all other CRB requirements revision ‘‘if the revision would interfere
States. Specifically, we found that Idaho
remain unchanged. with any applicable requirements
meets the standard statewide and issued
IDEQ submitted this revision after concerning attainment and reasonable
a final designation of ‘‘attainment/
concluding that an authorization level further progress, or any other applicable
unclassifiable’’ for Idaho statewide. This
of seventy-five percent of the Ozone requirement of [the Act].’’
final designation became effective
NAAQS was problematic because it We considered all of the NAAQS
January 16, 2018.
prohibited IDEQ from allowing burning pollutants and determined the most
on what would otherwise be a desirable II. EPA’s Review of Idaho’s Submittal relevant pollutants for this evaluation
day to burn from a smoke management are PM2.5, PM10, and ozone. PM and
A. Summary of Idaho’s Demonstration
perspective—when smoke would rise ozone are relevant because the EPA’s
well into the transport layer and Idaho submitted a ‘‘Weight of recent review of the NAAQS for these
disperse well. IDEQ asserts burning on Evidence’’ demonstration containing pollutants resulted in more stringent
days when smoke dispersion is better multiple analyses of ozone monitoring standards (78 FR 3085, January 15,
will further limit negative impacts on data; they also submitted photochemical 2013; and 80 FR 65292; October 26,
public health. modeling to demonstrate that the 2015). There are no nonattainment areas
In the September 22, 2017, submittal, proposed SIP revision would not for carbon monoxide, sulfur dioxide,
the IDEQ described the process for interfere with attainment of the 2015 nitrogen dioxide or lead. AQS data
making the rule changes and noted that Ozone NAAQS. (See Docket EPA–R10_ show the levels for these pollutants are
the changes were drafted in conjunction OAR–2017–0566: 002_state submittals_ well below the standards.
with negotiated rulemaking involving Weight of Evidence SIP narrative CRBO3 Idaho’s CRB ozone authorization level
persons having an interest in the crop residue burning ozone.pdf and SIP revision does not affect a change in
development of this rule. IDEQ’s 004_state submittals_2017ACQ100 final Idaho’s Regional Haze SIP (approved
negotiated rulemaking process 2 did not CRB Ozone Modeling SIP amendment November 8, 2012, 77 FR 66929)
result in a consensus regarding the SIP Report EPA submittal.pdf respectively.) because it does not change or impose a
revisions Idaho submitted on September Idaho’s demonstration uses several limit on the quantity of light impairing
22, 2017. different approaches to evaluate existing pollutants emitted from crop residue
ozone monitoring data from 2011 burning. Idaho’s 5-Year Progress Report,
C. 2015 Ozone NAAQS Background through 2015 to attempt to quantify the submitted June 28, 2016, demonstrates
On October 1, 2015, EPA signed a impacts of crop residue burning during visibility improvement at all three of the
notice of final rulemaking that revised that period upon ambient ozone Class I area monitoring sites, Craters of
the 8-hour primary and secondary concentrations. Through this the Moon National Monument,
Ozone NAAQS (80 FR 65292; October methodology, it attempts to demonstrate Sawtooth Wilderness, and Selway-
26, 2015). While both standards retain that the range of ambient impacts from Bitterroot Wilderness. Current regional
the same general form and averaging historic crop residue burning have not haze plan strategies are sufficient for
time (annual fourth-highest daily exceeded levels that would be expected Idaho and its neighboring states to meet
maximum 8-hour average concentration, to cause a violation of the 2015 Ozone their reasonable progress goals.
averaged over three years 3), they were NAAQS. Idaho’s demonstration further Our findings in the 2008 approval (73
lowered from 0.075 parts per million provides that the universe of sources FR 23155, April 29, 2008) that CRB was
(ppm) to a level of 0.070 ppm.4 The participating in the crop residue not the cause of PM nonattainment
revised 2015 Ozone NAAQS provides burning program is stable and that issues are still valid. The same
greater protection of public health and ozone precursor emissions under the reasoning applies to the West Silver
the environment than the previous 2008 proposed revised SIP will not increase Valley nonattainment area as well.
Ozone NAAQS. even though there is no provision in the Residential wood combustion in the
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SIP which explicitly limits the scope of cold, winter months during atmospheric
2 Idaho’s negotiated rulemaking process is CRB either in terms of a limit on acres inversions is most responsible for
described in Section 67–5220, Idaho Code and burned or emissions generated by the elevated particulate matter in these
IDAPA 04.11.01.810 through 819. practice. Finally, Idaho supplemented areas. Prescribed burning in the late
3 See 80 FR 65296; October 26, 2015, for a
its ‘‘Weight of Evidence’’ demonstration autumn and early spring also
detailed explanation of the calculation of the 3-year
8-hour average and 40 CFR part 50, Appendix U. with a photochemical modeling contributes substantially. The CRB
4 These levels are commonly referred to in parts demonstration that evaluated whether authorization level and control
per billion (ppb): 75 ppb and 70 ppb, respectively. increasing the SIP’s CRB authorization measures specific to PM2.5 and PM10 are

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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Proposed Rules 2957

not changing under this proposed SIP for CRB in Idaho’s SIP will remain at of the Paperwork Reduction Act (44
revision. The revision will not interfere 75% for all other NAAQS. U.S.C. 3501 et seq.);
in attainment or reasonable further Under CAA section 110(k), EPA is • is certified as not having a
progress or any other applicable proposing to approve revisions to significant economic impact on a
requirement with respect to either PM Idaho’s SIP requested in their substantial number of small entities
NAAQS. September 22, 2017, SIP submittal. under the Regulatory Flexibility Act (5
To address 110(l) requirement for Moreover, based on the factors U.S.C. 601 et seq.);
ozone, we reviewed Idaho’s ‘‘Weight of discussed above, we also conclude that • does not contain any unfunded
Evidence’’ demonstration submitted approval of the SIP submittal will not mandate or significantly or uniquely
September 22, 2017, and their interfere with any applicable
affect small governments, as described
supplemental modeling analyses requirement concerning attainment and
in the Unfunded Mandates Reform Act
submitted October 23, 2017. Based on reasonable further progress or any other
of 1995 (Pub. L. 104–4);
our review of Idaho’s modeling and applicable requirement of the Clean Air
monitor data analyses we conclude that Act. • does not have Federalism
the proposed revision to Idaho’s CRB implications as specified in Executive
IV. Incorporation by Reference Order 13132 (64 FR 43255, August 10,
ozone authorization level will not
interfere with attainment or reasonable In this rule, EPA is proposing to 1999);
further progress with the 2015 Ozone include in a final EPA rule regulatory • is not an economically significant
NAAQS or any other applicable CAA text that includes incorporation by regulatory action based on health or
requirement. reference. In accordance with safety risks subject to Executive Order
Section 107(d)(1)(A)(i) of the CAA requirements of 1 CFR 51.5, EPA is 13045 (62 FR 19885, April 23, 1997);
defines a ‘‘nonattainment area’’ as ‘‘any proposing to incorporate by reference • is not a significant regulatory action
area that does not meet (or that Idaho regulations for Burn Approval subject to Executive Order 13211 (66 FR
contributes to ambient air quality in a Criteria at IDAPA 58.01.01.621.01 and 28355, May 22, 2001);
nearby area that does not meet) the Idaho Code 39–114, State Effective • is not subject to requirements of
national primary or secondary ambient February 28, 2018, discussed in Section Section 12(d) of the National
air quality standard for the pollutant.’’ I.B. of the preamble. EPA has made, and Technology Transfer and Advancement
If an area meets either prong of this will continue to make, these materials Act of 1995 (15 U.S.C. 272 note) because
definition, then the EPA is obligated to generally available through application of those requirements would
designate the area as ‘‘nonattainment.’’ www.regulations.gov and at the EPA be inconsistent with the Clean Air Act;
There are no areas designated as Region 10 Office (please contact the and
nonattainment for ozone in the state of person identified in the ‘‘For Further • does not provide EPA with the
Idaho (82 FR 54232, November 16, Information Contact’’ section of this discretionary authority to address, as
2017), in part, because we do not preamble for more information). appropriate, disproportionate human
believe Idaho is contributing to
V. Statutory and Executive Order health or environmental effects, using
violations of the 2015 Ozone NAAQS in
Reviews practicable and legally permissible
other states.
Under the Clean Air Act, the methods, under Executive Order 12898
III. EPA’s Proposed Action (59 FR 7629, February 16, 1994).
Administrator is required to approve a
We have reviewed Idaho’s SIP submission that complies with the The SIP is not approved to apply on
demonstration that revising the CRB provisions of the Act and applicable any Indian reservation land or in any
ozone authorization level from seventy- Federal regulations. 42 U.S.C. 7410(k); other area where EPA or an Indian tribe
five percent to ninety percent of the 40 CFR 52.02(a). Thus, in reviewing SIP has demonstrated that a tribe has
Ozone NAAQS is still protective of the submissions, EPA’s role is to approve jurisdiction. In those areas of Indian
NAAQS, will not result in an increase state choices, provided that they meet country, the rule does not have tribal
of emissions, and will not interfere with the criteria of the Clean Air Act. implications and will not impose
attainment of the 2015 Ozone NAAQS. Accordingly, this proposed action substantial direct costs on tribal
We believe Idaho adequately justified its merely approves state law as meeting governments or preempt tribal law as
conclusions with respect to each of Federal requirements and does not specified by Executive Order 13175 (65
these. EPA’s approval decision is based impose additional requirements beyond FR 67249, November 9, 2000).
primarily on the photochemical those imposed by state law. For that List of Subjects in 40 CFR Part 52
modeling with secondary reliance on reason, this proposed action:
the weight of evidence demonstration • Is not a ‘‘significant regulatory Environmental protection, Air
put forth by Idaho. See Docket R10– action’’ subject to review by the Office pollution control, Incorporation by
OAR–2017–0566, 101_Technical of Management and Budget under reference, Intergovernmental relations,
Support Document_ID 2017 CRB Ozone Executive Orders 12866 (58 FR 51735, Nitrogen dioxide, Ozone, Particulate
Revision.pdf for details on our review of October 4, 1993) and 13563 (76 FR 3821, matter, Volatile organic compounds.
the state submittal. Based on the January 21, 2011); Authority: 42 U.S.C. 7401 et seq.
information provided by Idaho, as • is not an Executive Order 13771 (82
discussed in our Technical Support Dated: January 11, 2018.
FR 9339, February 2, 2017) regulatory
Document, we propose to approve action because SIP approvals are Chris Hladick,
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Idaho’s SIP revision and amend the exempted under Executive Order 12866; Regional Administrator, EPA Region 10.
authorization level for CRB to 90% of • does not impose an information [FR Doc. 2018–01039 Filed 1–19–18; 8:45 am]
the Ozone NAAQS. Authorization levels collection burden under the provisions BILLING CODE 6560–50–P

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Document Created: 2018-01-23 21:35:26
Document Modified: 2018-01-23 21:35:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before February 21, 2018.
Contact		Randall Ruddick, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone
FR Citation		83 FR 2955
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter and Volatile Organic Compounds