83_FR_34030 83 FR 33892 - Air Plan Approval; Idaho; Interstate Transport Requirements for the 2012 PM2.5

83 FR 33892 - Air Plan Approval; Idaho; Interstate Transport Requirements for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 138 (July 18, 2018)

Page Range33892-33894
FR Document2018-15251

The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. On December 23, 2015, the State of Idaho made a submission to the Environmental Protection Agency (EPA) to address these requirements. The EPA is proposing to approve the submission as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2012 annual fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standard (NAAQS) in any other state.

Federal Register, Volume 83 Issue 138 (Wednesday, July 18, 2018)
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Proposed Rules]
[Pages 33892-33894]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15251]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0509; FRL-9980-89--Region 10]


Air Plan Approval; Idaho; Interstate Transport Requirements for 
the 2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Clean Air Act (CAA) requires each State Implementation 
Plan (SIP) to contain adequate provisions prohibiting emissions that 
will have certain adverse air quality effects in other states. On 
December 23, 2015, the State of Idaho made a submission to the 
Environmental Protection Agency (EPA) to address these requirements. 
The EPA is proposing to approve the submission as meeting the 
requirement that each SIP contain adequate provisions to prohibit 
emissions that will contribute significantly to nonattainment or 
interfere with maintenance of the 2012 annual fine particulate matter 
(PM2.5) national ambient air quality standard (NAAQS) in any 
other state.

DATES: Comments must be received on or before August 17, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0509 at https://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 the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 
1200 Sixth Ave, Suite 155, Seattle, WA 98101; telephone number: (206) 
553-0256; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. This supplementary 
information section is arranged as follows:

Table of Contents

I. What is the background of this SIP submission?
II. What guidance or information is the EPA using to evaluate this 
SIP submission?
III. The EPA's Review
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

    This rulemaking addresses a submission from the Idaho Department of 
Environmental Quality (IDEQ) assessing interstate transport 
requirements for the 2012 annual PM2.5 NAAQS. The 
requirement for states to make a SIP submission of this type arises 
from section 110(a)(1) of the CAA. Pursuant to section 110(a)(1), 
states must submit within 3 years (or such shorter period as the 
Administrator may prescribe) after the promulgation of a national 
primary ambient air quality standard (or any revision thereof), a plan 
that provides for the implementation, maintenance, and enforcement of 
such NAAQS. The statute directly imposes on states the duty to make 
these SIP submissions, and the requirement to make the submissions is 
not conditioned upon the EPA taking any action other than promulgating 
a new or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address. The EPA 
commonly refers to such state plans as ``infrastructure SIPs.'' 
Specifically, this rulemaking addresses the requirements under CAA 
section 110(a)(2)(D)(i)(I), otherwise known as the ``good neighbor'' 
provision, which requires SIPs to contain adequate provisions to 
prohibit emissions that will contribute significantly to nonattainment 
or interfere with maintenance of the NAAQS in any other state.

II. What guidance or information is the EPA using to evaluate this SIP 
submission?

    The most recent relevant document was a memorandum published on 
March 17, 2016, titled ``Information on the Interstate Transport ``Good 
Neighbor'' Provision for the 2012 Fine Particulate Matter National 
Ambient Air Quality Standards under Clean Air Act Section 
110(a)(2)(D)(i)(I)'' (memorandum). The memorandum describes the EPA's 
past approach to addressing interstate transport, and provides the 
EPA's general review of relevant modeling data and air quality 
projections as they relate to the 2012 annual PM2.5 NAAQS. 
The memorandum provides information relevant to the EPA regional office 
review of the CAA section 110(a)(2)(D)(i)(I) ``good neighbor'' 
provision in infrastructure SIPs with respect to the 2012 annual 
PM2.5 NAAQS. This rulemaking considers information provided 
in that memorandum.
    The memorandum also provides states and the EPA regional offices 
with future year annual PM2.5 design values for monitors in 
the United States based on quality assured and certified ambient 
monitoring data and air quality modeling. The memorandum describes how 
these projected potential design values can be used to help determine 
which monitors should be further evaluated to potentially address 
whether emissions from other states significantly contribute to 
nonattainment or interfere with maintenance of the 2012 annual 
PM2.5 NAAQS at those sites. The memorandum explains that the 
pertinent year for evaluating air quality for purposes of addressing 
interstate transport for the 2012 PM2.5 NAAQS is 2021, the 
attainment deadline for 2012 PM2.5 NAAQS nonattainment areas 
classified as Moderate.

[[Page 33893]]

    Based on this approach, the potential receptors are outlined in the 
memorandum. Most of the potential receptors are in California, located 
in the San Joaquin Valley or South Coast nonattainment areas. However, 
there is also one potential receptor in Shoshone County, Idaho, and one 
potential receptor in Allegheny County, Pennsylvania. The memorandum 
also indicates that for certain states with incomplete ambient 
monitoring data, additional information including the latest available 
data should be analyzed to determine whether there are potential 
downwind air quality problems that may be impacted by transported 
emissions.
    This rulemaking considers analysis in Idaho's submission, as well 
as additional analysis conducted by the EPA during review of its 
submission. For more information on how we conducted our analysis, 
please see the technical support document (TSD) included in the docket 
for this action.

III. The EPA's Review

    This rulemaking proposes action on Idaho's December 23, 2015, SIP 
submission addressing the good neighbor provision requirements of CAA 
section 110(a)(2)(D)(i)(I). State plans must address specific 
requirements of the good neighbor provisions (commonly referred to as 
``prongs''), including:

--Prohibiting any source or other type of emissions activity in one 
state from contributing significantly to nonattainment of the NAAQS in 
another state (prong one); and
--Prohibiting any source or other type of emissions activity in one 
state from interfering with maintenance of the NAAQS in another state 
(prong two).

    The EPA has developed a consistent framework for addressing the 
prong one and two interstate transport requirements with respect to the 
PM2.5 NAAQS in several previous federal rulemakings. The 
four basic steps of that framework include: (1) Identifying downwind 
receptors that are expected to have problems attaining or maintaining 
the relevant NAAQS; (2) identifying which upwind states contribute to 
these identified problems in amounts sufficient to warrant further 
review and analysis; (3) for states identified as contributing to 
downwind air quality problems, identifying upwind emissions reductions 
necessary to prevent an upwind state from significantly contributing to 
nonattainment or interfering with maintenance of the relevant NAAQS 
downwind; and (4) for states that are found to have emissions that 
significantly contribute to nonattainment or interfere with maintenance 
of the relevant NAAQS downwind, reducing the identified upwind 
emissions through adoption of permanent and enforceable measures. This 
framework was applied with respect to PM2.5 in the Cross-
State Air Pollution Rule (CSAPR), designed to address both the 1997 and 
2006 PM2.5 standards, as well as the 1997 ozone standard.\1\
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    \1\ Idaho was not part of the CSAPR rulemaking. The EPA approved 
the Idaho SIP as meeting the CAA section 110(a)(2)(D)(i)(I) 
requirements for the 1997 ozone and 1997 PM2.5 NAAQS on 
November 26, 2010 (75 FR 72705) and the 2006 PM2.5 NAAQS 
on April 17, 2015 (80 FR 21181).
---------------------------------------------------------------------------

    In its submission, IDEQ reviewed 2010 to 2014 air quality 
monitoring data to identify potential downwind receptors that may have 
problems attaining or maintaining the 2012 PM2.5 NAAQS. IDEQ 
then reviewed geographical distance, topography, meteorology (local air 
stagnation and prevailing wind patterns), Interagency Monitoring of 
Protected Visual Environment (IMPROVE) monitoring data and regional 
modeling conducted by the Western Regional Air Partnership (WRAP), 2011 
national emission inventory (NEI) data, and the EPA's technical support 
document for California areas designated as nonattainment for the 2012 
annual PM2.5 NAAQS.\2\ From this analysis IDEQ concluded 
that Idaho does not significantly contribute to nonattainment or 
interfere with maintenance of the 2012 PM2.5 NAAQS in any 
other state.
---------------------------------------------------------------------------

    \2\ See California: Imperial County, Los Angeles-South Coast Air 
Basin, Plumas County, San Joaquin Valley Area Designations for the 
2012 Primary Annual PM2.5 National Ambient Air Quality 
Standard Technical Support Document.
---------------------------------------------------------------------------

    As discussed in the TSD for this action, we came to the same 
conclusion as the state. In our evaluation, potential downwind 
nonattainment and maintenance receptors were identified in other 
states. The EPA evaluated these potential receptors to determine first 
if, based on review of relevant data and other information, there would 
be downwind nonattainment or maintenance problems, and if so, whether 
Idaho contributes to such problems in these areas. After reviewing air 
quality reports, modeling results, designation letters, designation 
technical support documents, attainment plans and other information for 
these areas, we find there is no contribution sufficient to warrant 
additional SIP measures. Therefore, we are proposing to approve the 
Idaho SIP as meeting CAA section 110(a)(2)(i)(I) interstate transport 
requirements for the 2012 PM2.5 NAAQS.

IV. What action is the EPA taking?

    The EPA is proposing to approve IDEQ's December 23, 2015, 
submission certifying that the Idaho SIP is sufficient to meet the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I), 
specifically prongs one and two, as set forth above. The EPA is 
requesting comments on the proposed approval.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely 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);
     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

[[Page 33894]]

application of those requirements would be inconsistent with the CAA; 
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).
    In addition, 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: July 3, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-15251 Filed 7-17-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                33892                  Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules

                                                obligations discussed herein do not                      received to its public docket. Do not                 the EPA taking any action other than
                                                apply to Indian tribes and thus this                     submit electronically any information                 promulgating a new or revised NAAQS.
                                                proposed action will not impose                          you consider to be Confidential                       Section 110(a)(2) includes a list of
                                                substantial direct costs on tribal                       Business Information (CBI) or other                   specific elements that ‘‘[e]ach such
                                                governments or preempt tribal law.                       information the disclosure of which is                plan’’ submission must address. The
                                                                                                         restricted by statute. Multimedia                     EPA commonly refers to such state
                                                List of Subjects in 40 CFR Part 52
                                                                                                         submissions (audio, video, etc.) must be              plans as ‘‘infrastructure SIPs.’’
                                                  Environmental protection, Air                          accompanied by a written comment.                     Specifically, this rulemaking addresses
                                                pollution control, Incorporation by                      The written comment is considered the                 the requirements under CAA section
                                                reference, Intergovernmental relations,                  official comment and should include                   110(a)(2)(D)(i)(I), otherwise known as
                                                Nitrogen dioxide, Particulate matter,                    discussion of all points you wish to                  the ‘‘good neighbor’’ provision, which
                                                Reporting and recordkeeping                              make. The EPA will generally not                      requires SIPs to contain adequate
                                                requirements, Sulfur oxides, Volatile                    consider comments or comment                          provisions to prohibit emissions that
                                                organic compounds.                                       contents located outside of the primary               will contribute significantly to
                                                   Authority: 42 U.S.C. 7401 et seq.                     submission (i.e., on the web, cloud, or               nonattainment or interfere with
                                                  Dated: June 25, 2018.                                  other file sharing system). For                       maintenance of the NAAQS in any other
                                                Debra H. Thomas,
                                                                                                         additional submission methods, the full               state.
                                                                                                         EPA public comment policy,
                                                Acting Regional Administrator, Region 8.                                                                       II. What guidance or information is the
                                                                                                         information about CBI or multimedia
                                                  Dated: June 26, 2018.                                                                                        EPA using to evaluate this SIP
                                                                                                         submissions, and general guidance on
                                                Chris Hladick,                                                                                                 submission?
                                                                                                         making effective comments, please visit
                                                Regional Administrator, Region 10.                       https://www.epa.gov/dockets/                             The most recent relevant document
                                                [FR Doc. 2018–15343 Filed 7–17–18; 8:45 am]              commenting-epa-dockets.                               was a memorandum published on
                                                BILLING CODE 6560–50–P                                   FOR FURTHER INFORMATION CONTACT: Jeff                 March 17, 2016, titled ‘‘Information on
                                                                                                         Hunt, Air Planning Unit, Office of Air                the Interstate Transport ‘‘Good
                                                                                                         and Waste (OAW–150), Environmental                    Neighbor’’ Provision for the 2012 Fine
                                                ENVIRONMENTAL PROTECTION                                 Protection Agency, Region 10, 1200                    Particulate Matter National Ambient Air
                                                AGENCY                                                   Sixth Ave, Suite 155, Seattle, WA                     Quality Standards under Clean Air Act
                                                                                                         98101; telephone number: (206) 553–                   Section 110(a)(2)(D)(i)(I)’’
                                                40 CFR Part 52
                                                                                                         0256; email address: hunt.jeff@epa.gov.               (memorandum). The memorandum
                                                [EPA–R10–OAR–2018–0509; FRL–9980–                        SUPPLEMENTARY INFORMATION:                            describes the EPA’s past approach to
                                                89—Region 10]                                            Throughout this document whenever                     addressing interstate transport, and
                                                                                                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           provides the EPA’s general review of
                                                Air Plan Approval; Idaho; Interstate                                                                           relevant modeling data and air quality
                                                Transport Requirements for the 2012                      the EPA. This supplementary
                                                                                                         information section is arranged as                    projections as they relate to the 2012
                                                PM2.5 NAAQS                                                                                                    annual PM2.5 NAAQS. The
                                                                                                         follows:
                                                AGENCY:  Environmental Protection                                                                              memorandum provides information
                                                                                                         Table of Contents                                     relevant to the EPA regional office
                                                Agency (EPA).
                                                ACTION: Proposed rule.                                   I. What is the background of this SIP                 review of the CAA section
                                                                                                               submission?                                     110(a)(2)(D)(i)(I) ‘‘good neighbor’’
                                                SUMMARY:   The Clean Air Act (CAA)                       II. What guidance or information is the EPA           provision in infrastructure SIPs with
                                                requires each State Implementation Plan                        using to evaluate this SIP submission?          respect to the 2012 annual PM2.5
                                                (SIP) to contain adequate provisions                     III. The EPA’s Review
                                                                                                                                                               NAAQS. This rulemaking considers
                                                                                                         IV. What action is the EPA taking?
                                                prohibiting emissions that will have                     V. Statutory and Executive Order Reviews              information provided in that
                                                certain adverse air quality effects in                                                                         memorandum.
                                                other states. On December 23, 2015, the                  I. What is the background of this SIP                    The memorandum also provides
                                                State of Idaho made a submission to the                  submission?                                           states and the EPA regional offices with
                                                Environmental Protection Agency (EPA)                       This rulemaking addresses a                        future year annual PM2.5 design values
                                                to address these requirements. The EPA                   submission from the Idaho Department                  for monitors in the United States based
                                                is proposing to approve the submission                   of Environmental Quality (IDEQ)                       on quality assured and certified ambient
                                                as meeting the requirement that each                     assessing interstate transport                        monitoring data and air quality
                                                SIP contain adequate provisions to                       requirements for the 2012 annual PM2.5                modeling. The memorandum describes
                                                prohibit emissions that will contribute                  NAAQS. The requirement for states to                  how these projected potential design
                                                significantly to nonattainment or                        make a SIP submission of this type                    values can be used to help determine
                                                interfere with maintenance of the 2012                   arises from section 110(a)(1) of the CAA.             which monitors should be further
                                                annual fine particulate matter (PM2.5)                   Pursuant to section 110(a)(1), states                 evaluated to potentially address
                                                national ambient air quality standard                    must submit within 3 years (or such                   whether emissions from other states
                                                (NAAQS) in any other state.                              shorter period as the Administrator may               significantly contribute to
                                                DATES: Comments must be received on                      prescribe) after the promulgation of a                nonattainment or interfere with
                                                or before August 17, 2018.                               national primary ambient air quality                  maintenance of the 2012 annual PM2.5
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                                                ADDRESSES: Submit your comments,                         standard (or any revision thereof), a                 NAAQS at those sites. The
                                                identified by Docket ID No. EPA–R10–                     plan that provides for the                            memorandum explains that the
                                                OAR–2018–0509 at https://                                implementation, maintenance, and                      pertinent year for evaluating air quality
                                                www.regulations.gov. Follow the online                   enforcement of such NAAQS. The                        for purposes of addressing interstate
                                                instructions for submitting comments.                    statute directly imposes on states the                transport for the 2012 PM2.5 NAAQS is
                                                Once submitted, comments cannot be                       duty to make these SIP submissions,                   2021, the attainment deadline for 2012
                                                edited or removed from Regulations.gov.                  and the requirement to make the                       PM2.5 NAAQS nonattainment areas
                                                The EPA may publish any comment                          submissions is not conditioned upon                   classified as Moderate.


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                                                                       Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules                                            33893

                                                   Based on this approach, the potential                 found to have emissions that                          interstate transport requirements for the
                                                receptors are outlined in the                            significantly contribute to                           2012 PM2.5 NAAQS.
                                                memorandum. Most of the potential                        nonattainment or interfere with
                                                                                                                                                               IV. What action is the EPA taking?
                                                receptors are in California, located in                  maintenance of the relevant NAAQS
                                                the San Joaquin Valley or South Coast                    downwind, reducing the identified                       The EPA is proposing to approve
                                                nonattainment areas. However, there is                   upwind emissions through adoption of                  IDEQ’s December 23, 2015, submission
                                                also one potential receptor in Shoshone                  permanent and enforceable measures.                   certifying that the Idaho SIP is sufficient
                                                County, Idaho, and one potential                         This framework was applied with                       to meet the interstate transport
                                                receptor in Allegheny County,                            respect to PM2.5 in the Cross-State Air               requirements of CAA section
                                                Pennsylvania. The memorandum also                        Pollution Rule (CSAPR), designed to                   110(a)(2)(D)(i)(I), specifically prongs one
                                                indicates that for certain states with                   address both the 1997 and 2006 PM2.5                  and two, as set forth above. The EPA is
                                                incomplete ambient monitoring data,                      standards, as well as the 1997 ozone                  requesting comments on the proposed
                                                additional information including the                     standard.1                                            approval.
                                                latest available data should be analyzed                    In its submission, IDEQ reviewed
                                                                                                         2010 to 2014 air quality monitoring data              V. Statutory and Executive Order
                                                to determine whether there are potential                                                                       Reviews
                                                downwind air quality problems that                       to identify potential downwind
                                                may be impacted by transported                           receptors that may have problems                         Under the CAA, the Administrator is
                                                emissions.                                               attaining or maintaining the 2012 PM2.5               required to approve a SIP submission
                                                   This rulemaking considers analysis in                 NAAQS. IDEQ then reviewed                             that complies with the provisions of the
                                                Idaho’s submission, as well as                           geographical distance, topography,                    CAA and applicable federal regulations.
                                                additional analysis conducted by the                     meteorology (local air stagnation and                 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                EPA during review of its submission.                     prevailing wind patterns), Interagency                Thus, in reviewing SIP submissions, the
                                                For more information on how we                           Monitoring of Protected Visual                        EPA’s role is to approve state choices,
                                                conducted our analysis, please see the                   Environment (IMPROVE) monitoring                      provided that they meet the criteria of
                                                technical support document (TSD)                         data and regional modeling conducted                  the CAA. Accordingly, this action
                                                included in the docket for this action.                  by the Western Regional Air Partnership               merely approves state law as meeting
                                                                                                         (WRAP), 2011 national emission                        federal requirements and does not
                                                III. The EPA’s Review                                    inventory (NEI) data, and the EPA’s                   impose additional requirements beyond
                                                   This rulemaking proposes action on                    technical support document for                        those imposed by state law. For that
                                                Idaho’s December 23, 2015, SIP                           California areas designated as                        reason, this action:
                                                submission addressing the good                           nonattainment for the 2012 annual                        • Is not a significant regulatory action
                                                neighbor provision requirements of                       PM2.5 NAAQS.2 From this analysis IDEQ                 subject to review by the Office of
                                                CAA section 110(a)(2)(D)(i)(I). State                    concluded that Idaho does not                         Management and Budget under
                                                plans must address specific                              significantly contribute to                           Executive Orders 12866 (58 FR 51735,
                                                requirements of the good neighbor                        nonattainment or interfere with                       October 4, 1993) and 13563 (76 FR 3821,
                                                provisions (commonly referred to as                      maintenance of the 2012 PM2.5 NAAQS                   January 21, 2011);
                                                ‘‘prongs’’), including:                                  in any other state.                                      • Is not an Executive Order 13771 (82
                                                                                                            As discussed in the TSD for this                   FR 9339, February 2, 2017) regulatory
                                                —Prohibiting any source or other type                    action, we came to the same conclusion                action because SIP approvals are
                                                   of emissions activity in one state from               as the state. In our evaluation, potential            exempted under Executive Order 12866;
                                                   contributing significantly to                         downwind nonattainment and                               • Does not impose an information
                                                   nonattainment of the NAAQS in                         maintenance receptors were identified                 collection burden under the provisions
                                                   another state (prong one); and                        in other states. The EPA evaluated these              of the Paperwork Reduction Act (44
                                                —Prohibiting any source or other type                    potential receptors to determine first if,            U.S.C. 3501 et seq.);
                                                   of emissions activity in one state from               based on review of relevant data and                     • Is certified as not having a
                                                   interfering with maintenance of the                   other information, there would be                     significant economic impact on a
                                                   NAAQS in another state (prong two).                   downwind nonattainment or                             substantial number of small entities
                                                   The EPA has developed a consistent                    maintenance problems, and if so,                      under the Regulatory Flexibility Act (5
                                                framework for addressing the prong one                   whether Idaho contributes to such                     U.S.C. 601 et seq.);
                                                and two interstate transport                             problems in these areas. After reviewing                 • Does not contain any unfunded
                                                requirements with respect to the PM2.5                   air quality reports, modeling results,                mandate or significantly or uniquely
                                                NAAQS in several previous federal                        designation letters, designation                      affect small governments, as described
                                                rulemakings. The four basic steps of that                technical support documents,                          in the Unfunded Mandates Reform Act
                                                framework include: (1) Identifying                       attainment plans and other information                of 1995 (Pub. L. 104–4);
                                                downwind receptors that are expected                     for these areas, we find there is no                     • Does not have Federalism
                                                to have problems attaining or                            contribution sufficient to warrant                    implications as specified in Executive
                                                maintaining the relevant NAAQS; (2)                      additional SIP measures. Therefore, we                Order 13132 (64 FR 43255, August 10,
                                                identifying which upwind states                          are proposing to approve the Idaho SIP                1999);
                                                contribute to these identified problems                  as meeting CAA section 110(a)(2)(i)(I)                   • Is not an economically significant
                                                in amounts sufficient to warrant further                                                                       regulatory action based on health or
                                                review and analysis; (3) for states                        1 Idaho was not part of the CSAPR rulemaking.
                                                                                                                                                               safety risks subject to Executive Order
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                                                identified as contributing to downwind                   The EPA approved the Idaho SIP as meeting the         13045 (62 FR 19885, April 23, 1997);
                                                                                                         CAA section 110(a)(2)(D)(i)(I) requirements for the
                                                air quality problems, identifying                        1997 ozone and 1997 PM2.5 NAAQS on November              • Is not a significant regulatory action
                                                upwind emissions reductions necessary                    26, 2010 (75 FR 72705) and the 2006 PM2.5 NAAQS       subject to Executive Order 13211 (66 FR
                                                to prevent an upwind state from                          on April 17, 2015 (80 FR 21181).                      28355, May 22, 2001);
                                                significantly contributing to                              2 See California: Imperial County, Los Angeles-
                                                                                                                                                                  • Is not subject to requirements of
                                                                                                         South Coast Air Basin, Plumas County, San Joaquin
                                                nonattainment or interfering with                        Valley Area Designations for the 2012 Primary
                                                                                                                                                               Section 12(d) of the National
                                                maintenance of the relevant NAAQS                        Annual PM2.5 National Ambient Air Quality             Technology Transfer and Advancement
                                                downwind; and (4) for states that are                    Standard Technical Support Document.                  Act of 1995 (15 U.S.C. 272 note) because


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                                                33894                  Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules

                                                application of those requirements would                  submitting comments. Once submitted,                  and maintenance of the National
                                                be inconsistent with the CAA; and                        comments cannot be edited or removed                  Ambient Air Quality Standards
                                                   • Does not provide EPA with the                       from Regulations.gov. For either manner               (NAAQS). Parts C and D of the CAA
                                                discretionary authority to address, as                   of submission, EPA may publish any                    (sections 160 through 190) require the
                                                appropriate, disproportionate human                      comment received to its public docket.                establishment of a New Source Review
                                                health or environmental effects, using                   Do not submit electronically any                      (NSR) program for sources whose
                                                practicable and legally permissible                      information you consider to be                        Potential to Emit (PTE) is above certain
                                                methods, under Executive Order 12898                     Confidential Business Information (CBI)               air pollution thresholds. For such
                                                (59 FR 7629, February 16, 1994).                         or other information whose disclosure is              ‘‘major sources,’’ Prevention of
                                                   In addition, the SIP is not approved                  restricted by statute. Multimedia                     Significant Deterioration (PSD)
                                                to apply on any Indian reservation land                  submissions (audio, video, etc.) must be              provisions will generally apply in areas
                                                or in any other area where EPA or an                     accompanied by a written comment.                     that have attained the NAAQS, while
                                                Indian tribe has demonstrated that a                     The written comment is considered the                 Nonattainment New Source Review
                                                tribe has jurisdiction. In those areas of                official comment and should include                   (NNSR) provisions will apply in areas
                                                Indian country, the rule does not have                   discussion of all points you wish to                  that have not attained the NAAQS.
                                                tribal implications and will not impose                  make. EPA will generally not consider                    The permitting program for minor
                                                substantial direct costs on tribal                       comments or comment contents located                  sources is addressed by section
                                                governments or preempt tribal law as                     outside of the primary submission (i.e.               110(a)(2)(C) of the CAA. A minor source
                                                specified by Executive Order 13175 (65                   on the web, cloud, or other file sharing              is one whose PTE is lower than the
                                                FR 67249, November 9, 2000).                             system). For additional submission                    major NSR applicability threshold for a
                                                                                                         methods, please contact the person                    particular pollutant. States must
                                                List of Subjects in 40 CFR Part 52                                                                             develop minor NSR programs to comply
                                                                                                         identified in the FOR FURTHER
                                                  Environmental protection, Air                          INFORMATION CONTACT section. For the                  with the Federal requirements for state
                                                pollution control, Incorporation by                      full EPA public comment policy,                       minor NSR programs contained in 40
                                                reference, Intergovernmental relations,                  information about CBI or multimedia                   CFR 51.160 through 51.164. The
                                                Particulate matter, Reporting and                        submissions, and general guidance on                  provisions of a minor NSR program
                                                recordkeeping requirements.                              making effective comments, please visit               must include legally enforceable
                                                                                                         http://www2.epa.gov/dockets/                          procedures that enable the permitting
                                                  Dated: July 3, 2018.
                                                                                                         commenting-epa-dockets.                               authority to determine whether the
                                                Chris Hladick,                                                                                                 construction or modification of a source
                                                Regional Administrator, Region 10.                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               will result in a violation of applicable
                                                [FR Doc. 2018–15251 Filed 7–17–18; 8:45 am]              Danny Marcus, Environmental Engineer,
                                                                                                                                                               portions of the control strategy or
                                                BILLING CODE 6560–50–P
                                                                                                         Air Permits Section, Air Programs                     interfere with attainment or
                                                                                                         Branch (AR–18J), Environmental                        maintenance of a NAAQS. 40 CFR
                                                                                                         Protection Agency, Region 5, 77 West                  51.160(a).
                                                ENVIRONMENTAL PROTECTION                                 Jackson Boulevard, Chicago, Illinois                     The minor NSR requirements are
                                                AGENCY                                                   60604, (312) 353–8781, marcus.danny@                  considerably less prescriptive than
                                                                                                         epa.gov.                                              those for major sources. EPA has long
                                                40 CFR Part 52                                           SUPPLEMENTARY INFORMATION:                            recognized that such rules are an
                                                [EPA–R05–OAR–2017–0276; FRL–9980–                        Throughout this document whenever                     effective means to ensure that sources
                                                93—Region 5]                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           whose emissions are less than the major
                                                                                                         EPA. This supplementary information                   source thresholds are nonetheless
                                                Air Plan Approval; Illinois; Permit-by-                  section is arranged as follows:                       reviewed to ensure protection of the
                                                Rule Provisions                                          I. Background                                         NAAQS. See, e.g., 76 FR 38748, 38752
                                                                                                            A. Minor New Source Review                         (July 1, 2011). The Illinois
                                                AGENCY:  Environmental Protection
                                                                                                            B. Title V Operating Permit Program                Environmental Protection Agency
                                                Agency (EPA).                                               C. Permits-by-Rule                                 (IEPA) implements the minor source
                                                ACTION: Proposed rule.                                   II. Discussion of the State’s Submittal               NSR program under 35 Illinois
                                                                                                            A. Rule Revisions That EPA Is Proposing            Administrative Code (IAC) 201. EPA
                                                SUMMARY:   The Environmental Protection                       To Approve
                                                Agency (EPA) is proposing to approve                                                                           approved Illinois’ minor NSR program
                                                                                                            B. Rule Revision for Which EPA Is Taking
                                                revisions to the Illinois State                               No Action
                                                                                                                                                               on December 17, 1992 (57 FR 59928).
                                                Implementation Plan (SIP) to establish a                 III. What is EPA’s analysis?                          B. Title V Operating Permit Program
                                                general framework for permits-by-rule                       A. The Revisions Are Consistent With
                                                                                                              Section 110(a)(2)(C) of the CAA and the             Title V of the CAA (sections 501
                                                (PBR) and specifically provide a PBR for                                                                       through 507) requires that all major
                                                small boilers. In addition, EPA is                            Applicable Regulations
                                                                                                            B. The Revisions Do Not Interfere With             stationary sources have permits that
                                                proposing to approve other state                              Any Applicable CAA Requirement                   contain all requirements that are
                                                provisions that are affected by the                           Under Section 110(l) of the CAA                  applicable under the CAA, as well as
                                                addition of the PBR regulations, as well                 IV. What action is EPA taking?                        adequate monitoring. Title V and its
                                                as minor changes in nomenclature.                        V. Incorporation by Reference                         implementing regulations at 40 CFR part
                                                DATES: Comments must be received on                      VI. Statutory and Executive Order Reviews             70 provide for the establishment of
amozie on DSK3GDR082PROD with PROPOSALS1




                                                or before August 17, 2018.                               I. Background                                         comprehensive State air quality
                                                ADDRESSES: Submit your comments,                                                                               operating permitting programs
                                                identified by Docket ID No. EPA–R05–                     A. Minor New Source Review                            consistent with the requirements of title
                                                OAR–2017–0276 at http://                                   Section 110(a)(2)(C) of the Clean Air               V. The title V operating permit program
                                                www.regulations.gov, or via email to                     Act (CAA) requires that every SIP                     in Illinois, which EPA fully approved
                                                damico.genevieve@epa.gov. For                            include a program to regulate the                     on November 30, 2001, is referred to as
                                                comments submitted at Regulations.gov,                   construction and modification of                      the Clean Air Act Permit Program or
                                                follow the online instructions for                       stationary sources to ensure attainment               ‘‘CAAPP’’ (66 FR 62946, December 4,


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Document Created: 2018-11-06 10:25:05
Document Modified: 2018-11-06 10:25:05
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 August 17, 2018.
ContactJeff Hunt, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave, Suite 155, Seattle, WA 98101; telephone number: (206)
FR Citation83 FR 33892 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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