83 FR 45830 - Air Plan Approval; ID, Pinehurst PM10
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 176 (September 11, 2018)
Federal Register Volume 83, Issue 176 (September 11, 2018)
| Page Range | 45830-45835 | |
| FR Document | 2018-19600 |
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)] [Rules and Regulations] [Pages 45830-45835] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19600] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R10-OAR-2017-0582; FRL-9983-53--Region 10] Air Plan Approval; ID, Pinehurst PM10 Redesignation, Limited Maintenance Plan; West Silver Valley 2012 Annual PM2.5 Emission Inventory AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The EPA is approving the redesignation request and limited maintenance plan for the PM10 National Ambient Air Quality Standard developed for the City of Pinehurst PM10 Nonattainment Area and the Pinehurst PM10 Expansion Nonattainment Area. This redesignation will change the status of both areas from nonattainment to attainment. The limited maintenance plan for these contiguous nonattainment areas addresses maintenance of the PM10 standard for a ten-year period beyond redesignation. Related to this action, the EPA is taking final agency action on the September 15, 2013, high wind exceptional event at the Pinehurst monitoring station. Additionally, the EPA is finalizing approval of the emissions inventory for the West Silver Valley 2012 annual PM2.5 nonattainment area. DATES: This action is effective on October 11, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2017-0582. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Justin Spenillo at (206) 553-6125, or [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. Table of Contents I. Background Information II. Response to Comments III. Final Action IV. Statutory and Executive Orders Review I. Background Information On May 11, 2018, the EPA proposed to approve the redesignation request and limited maintenance plan (LMP) submitted by the Idaho Department of Environmental Quality (IDEQ) on September 29, 2017, for the City of Pinehurst PM10 Nonattainment Area and the Pinehurst PM10 Expansion Nonattainment Area, collectively referred to as the Pinehurst PM10 Nonattainment Area (Pinehurst PM10 NAA). Related to this action, the EPA is taking final agency action on the EPA's concurrence with the IDEQ's request for [[Page 45831]] exclusion of data measured on September 15, 2013, as a high wind exceptional event at the Pinehurst monitoring station, as set forth in the March 2, 2017 letter to the IDEQ, included in the docket. The Clean Air Act (CAA) allows for the exclusion of air quality monitoring data from design value calculations when there are exceedances caused by events, such as wildfires or high wind events, that meet the criteria for an exceptional event identified in the EPA's implementing regulations, the Exceptional Events Rule at 40 CFR 50.1, 50.14 and 51.930. In 2013, emissions from a high wind event entrained dust and impacted PM10 concentrations recorded at the Pinehurst monitor. The EPA evaluated the IDEQ's exceptional event demonstration for the flagged values of the 24-hour PM10 NAAQS for September 15, 2013, at the monitor in Pinehurst, Idaho, with respect to the requirements of the EPA's Exceptional Events Rule and determined that IDEQ met the rule requirements. Separately, the EPA also proposed approval of the base year emissions inventory for the West Silver Valley (WSV) PM2.5 Nonattainment Area (NAA). Section 172(c)(3) of the CAA requires a state with an area designated as nonattainment to submit a ``comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutant'' for the NAA. The IDEQ developed a 2013 base year emissions inventory for the WSV annual PM2.5 NAA. The base year emissions inventory includes data from 2013 and 2014 and in large part was extracted from the 2014 periodic emissions inventory which is used to populate the EPA's National Emissions Inventory. The 2013 base year inventory is one of the three years used to designate the area as nonattainment. This base year inventory presents direct PM2.5 emissions (condensable and filterable) and emissions of all PM2.5 precursors (NOX , VOCs, NH3 , and SO2 ) to meet the emissions inventory requirements of CAA section 172(c)(3) and 40 CFR 51.1008(a)(1). The EPA has reviewed the results, procedures, and methodologies for the WSV Annual PM2.5 NAA base year emissions inventory. The EPA determined that the 2013 base year emissions inventory for the WSV annual PM2.5 NAA met the requirements of CAA section 172(c)(3) and 40 CFR 51.1008(a)(1). An explanation of the CAA requirements, a detailed analysis of the submittal, and the EPA's reasons for proposing approval were provided in the notice of proposed rulemaking (83 FR 21976), and will not be restated here. The public comment period for this proposed rule ended on June 11, 2018. The EPA received adverse comments on the proposal. II. Response to Comments The Idaho Conservation League (ICL) submitted adverse comments on our proposed approval of the Pinehurst PM10 NAA redesignation request and LMP. Within this section, we have summarized the adverse comments and provided our responses. A full copy of comments received is available in the docket for this final action. Comment--Permanent and Enforceable Emissions Reductions Summary--The ICL comment letter asserts the ``EPA must reject Idaho DEQ's request for redesignation of the Pinehurst NAA'' because the state has not met the redesignation requirements in CAA section 107(d)(3)(E)(iii). The ICL cites the EPA's September 4, 1992, guidance, which, among other things, addresses emissions reductions based on permanent and enforceable measures (Memorandum from John Calcagni, Director, Air Quality Management Division, EPA Office of Air Quality Planning and Standards, entitled ``Procedures for Processing Requests to Redesignate Areas to Attainment'' (Calcagni Memo)). The ICL comment letter provides examples of nonattainment areas redesignated for PM10 and ozone in Ohio, Colorado, and Idaho, which use local rules, laws, and ordinances to provide for permanent and enforceable emissions reductions. The comment letter states that the IDEQ and City of Pinehurst were aware of the need for permanent and enforceable measures, citing discussion notes taken during a 2016 advisory committee session for the West Silver Valley PM2.5 NAA, an overlapping area designated nonattainment for the 2012 annual PM2.5 NAAQS. The ICL comment letter concludes that the control measures and associated emissions reductions are not permanent nor enforceable. Response--We disagree with the commenter. Measures to attain the 24-hour PM10 NAAQS were submitted by IDEQ on April 14, 1992, and approved into the SIP on August 25, 1994 (59 FR 43745). In the August 25, 1994 action, the EPA evaluated the IDEQ's submittal with respect to the CAA section 172 requirements, including the Reasonably Available Control Measures and their enforceability. The EPA approved the control measures into the SIP at 40 CFR part 52, subpart N as meeting CAA requirements and making them, along with the attainment plan itself, federally enforceable (59 FR 43745). Once approved, the state is subject to CAA section 179(a)(4), which provides that a state can be subject to federal sanctions for not implementing any requirement of an approved plan or part of an approved plan, unless the deficiency is corrected within 18 months. Reviewing the specific plan measures, the IDEQ has implemented woodstove replacements and home weatherization since the early 1990s in the Pinehurst PM10 NAA. As identified in Table 9 of the IDEQ submittal, the woodstove changeout program resulted in 76 uncertified woodstoves being replaced by 1994, with an additional 87 between 1995 and 2014 and 40 more between 2015 and 2017. These measures have been implemented through a variety of programs and agencies. Changeouts of uncertified woodstoves were completed through a combined Federal assistance grant and state and local loan program. This combined program was administered by the Northern Idaho Community Action Agency. The home weatherization program was run through the Idaho Economic Opportunity Office with loan and grant funding supplied by the Idaho Department of Water Resources, Farmers Home Administration, Washington Water Power, and North Idaho Community Action Agency. In terms of emissions reductions, when comparing the emissions inventories from residential wood combustion from 1988 to 2013, they dropped 80.25 lb/ day (27.45%) during the winter season when particulate matter emissions are often the highest (Table 8 of the IDEQ submittal). These reductions are permanent in that both the woodstove replacement and the reduced energy needs from improved home energy efficiency via weatherization generally last and extend throughout the life of the home.\1\ Any subsequent home modification would likely improve, if not maintain, emissions reductions, and benefits are expected to be net positive given that emissions of EPA-certified stoves are estimated to be on average three to four times lower than uncertified stoves.\2\ The remaining measures, including the public awareness campaign focused on clean burning practices and the voluntary woodsmoke curtailment programs are all helpful in supporting the reduction of woodsmoke emissions in the area. --------------------------------------------------------------------------- \1\ See Department of Energy Weatherization Program, https://www.energy.gov/sites/prod/files/2018/06/f52/EERE_WAP_Fact%20Sheet-v2.pdf. \2\ See EPA Burnwise Program, https://www.epa.gov/burnwise/burn-wise-energy-efficiency. --------------------------------------------------------------------------- Additionally, the EPA recently awarded IDEQ a 2015 Targeted Airshed [[Page 45832]] Grant for the West Silver Valley PM2.5 NAA. As a condition of the grant agreement with the EPA, the IDEQ committed to replace 183 uncertified wood heating devices and provide the associated emissions reductions. Each homeowner receiving a changeout must sign a certification document to ensure that they will remove an uncertified wood heating device from their home and agree to have two follow-up home inspections on the new certified device, commit to proper wood burning practices, and commit to not replacing the device with another solid fuel burning device. All removed stoves are rendered permanently and irreversibly inoperable and are properly disposed. We believe the grant terms and conditions and the homeowner certifications provide additional enforceability for purposes of maintaining the PM10 standard in the area. While not specifically taken credit for in the original attainment plan nor the LMP, road dust control has played an important part in the area. It is the second largest source of pollution according to the emissions inventory, and the area has taken measures to reduce emissions through paving roads, maintenance of roads, and adjusting street sweeping to reduce particulate matter. With respect to permanence of road controls, once paved their associated emissions will be reduced and road maintenance will ensure lasting emissions reductions. We received clarification from the IDEQ that since 2016, the majority of roads (over 10 miles in a city roughly 1 square mile) in the Pinehurst area have been rebuilt or sealed. We have reviewed monitoring data for the area with respect to the permanence of the emissions reductions. In Table 2 of the IDEQ submittal, monitoring data is provided from 1986 through 2015. From 1986 through 1993, the Pinehurst PM10 NAA was regularly recording values above 100 [micro]g/m\3\, and exceeded the 3-year expected exceedances design value of 1.0. From 1994 through 2015, Table 2 shows that the area has consistently met the 24-hour PM10 standard, and the EPA has reviewed and confirmed the data. As noted in the submittal, the area came into attainment in the same timeframe as the IDEQ's completion of the first batch of woodstove changeouts (76 by 1994). The area has continued to meet the 24-hour PM10 NAAQS design value since 1994, and it has also shown a continued decrease in maximum annual 24-hr PM10 concentrations. Additionally, the EPA has determined that the Pinehurst PM10 NAA meets the 5- year average design value for LMP qualification as identified in the proposal. Since the proposal, the IDEQ has submitted and the EPA has reviewed and concurred on the IDEQ's demonstration that elevated PM10 concentrations on three days in September 2017 were attributable to wildfire exceptional events and qualify for exclusion under EPA's Exceptional Events Rule. The August 24, 2018 concurrence letter to the IDEQ is included in the docket. With the exceptional event days excluded, the area continues to meet the LMP average design value for the most recent 5-year period, through 2017. The EPA intends to propose final agency action on these 2017 exceptional events in a forthcoming action. Based on the IDEQ PM10 LMP submission and the EPA's review of air quality monitoring data, it is reasonable to conclude that the measures to reduce PM10 in the Pinehurst PM10 NAA have contributed to permanent emissions reductions. Emissions reductions in the area have been maintained since 1994, and enforceable control measures remain in place as approved into the SIP. We therefore conclude that the area has met its obligations with regard to permanent and enforceable measures to maintain the 24-hour PM10 standard and that no further action is required. Comment--Annual PM10 NAAQS Summary--The ICL requests that the EPA explain why the LMP and the EPA's subsequent analysis only evaluated the 24-hour PM10 LMP design value and not the annual PM10 LMP design value. The commenter asserts that both are required. Response--On August 9, 2001, the EPA issued guidance on streamlined maintenance plan provisions for certain moderate PM10 nonattainment areas seeking redesignation to attainment (Memorandum from Lydia Wegman, Director, Air Quality Standards and Strategies Division, entitled ``Limited Maintenance Plan Option for Moderate PM10 Nonattainment Areas'' (LMP Option Memo)). Section IV of the LMP Option Memo discusses LMP qualification and qualifying design values specifically. It states that ``[t]he area should be attaining the NAAQS and the average PM10 design value for the area, based on the most recent 5 years of air quality data at all monitors in the area, should be at or below 40 [mu]g/m\3\ for the annual PM10 NAAQS and 98 [mu]g/m\3\ for the 24-hr PM10 NAAQS with no violations at any monitor in the nonattainment area.'' To qualify for the LMP option, the area must meet the design value test with respect to the standard for which the area was designated nonattainment.\3\ The Pinehurst PM10 NAA was designated nonattainment for the 24-hr PM10 NAAQS and therefore the appropriate statistical test is with respect to the 98 [micro]g/m\3\ 5- year average design value. The EPA has confirmed that the area meets the 5-year average design value of 98 [micro]g/m\3\. We believe that the IDEQ has met the requirements of the LMP with regards to the 24-hr PM10 standard and the IDEQ does not need to address the annual PM10 standard. --------------------------------------------------------------------------- \3\ See LMP Option Memo. --------------------------------------------------------------------------- Comment--Federal Clean Air Deregulation Summary--The ICL states that they are concerned about recent actions and statements by federal agencies that may affect vehicle emissions reductions in the future, and how that may affect the Pinehurst PM10 NAA ability to attain and its permanence. The ICL comment letter specifically points to the IDEQ's reference to Tier 3 vehicle standards and the EPA's proposal to reduce Corporate Average Fuel Economy (CAFE) standards. The comment then requests that the EPA ``identify any and all of its models and analyses that may be impacted by current and proposed deregulation of vehicle emissions. Furthermore, we request that any vehicle emission model or emission factor for PM10 be revised such that the models and factors are not based on any federal emission regulation currently under judicial or administrative review.'' Response--We do not agree with the commenter's assertion regarding the impact of current or proposed changes to motor vehicle emissions standards on the proposed action, because the Pinehurst PM10 NAA does not rely on motor vehicle emissions reductions for attainment or its continued maintenance of the NAAQS. Additionally, there are no proposed changes to Tier 3 vehicle standards and proposed CAFE standards have minimal effect on criteria pollutants, their focus instead being on greenhouse gas emissions reductions. When reviewing the submitted Pinehurst PM10 2013 Emissions Inventory in Table 7 of the IDEQ's submittal, the primary source of PM10 is residential wood combustion at 17.75 tons per year (TPY), which is 44.5% of the PM10 emissions in the area. Road dust, paved and unpaved, is the next largest contributor at a cumulative 8.91 TPY, or 22.3% of emissions. Cumulatively, residential wood combustion and road dust make up [[Page 45833]] 66.8% of the emissions inventory. During winter days when particulate matter levels are often higher, residential wood combustion is 212.05 lb/day, which is 82.17% of the PM10 emissions in the area (Table 8). Paved road dust (unpaved is no longer part of the emissions inventory), is the next largest contributor at a 25.38 lb/day, or 9.83% of emissions. Residential wood combustion currently makes up the majority of the emissions inventory. Motor vehicle emissions by comparison make up a very small portion of the emissions inventory at 1.84 TPY(annual) and 11.09 lb/day(winter), or less than 5% of both the annual and winter emissions inventories. This is expected as motor vehicle emissions do not contribute large quantities of PM10 . As described in section 3.4 Control Measures and section 3.2.2 Emissions Inventory Results and Adequacy Determination, the Pinehurst PM10 LMP focuses primarily on the reduction of PM10 emissions from residential woodsmoke and from road dust from paved and unpaved roads. The Pinehurst PM10 LMP itself does not take credit for emissions reductions from motor vehicle emissions reductions nor does it rely on it for continued attainment of the PM10 NAAQS. As mentioned in the proposal, the Pinehurst area has met the PM10 3-year design value of expected exceedance of 1.0 or less since 1994. Additionally, the Pinehurst area has only recorded one value (in 2010) above 98 [micro]g/m\3\ since 1999 that was not the result of an exceptional event. The area has demonstrated, and EPA has confirmed, that the 3-yr and 5-yr design values qualify for the LMP option. Additionally, the area has demonstrated that it meets the LMP motor vehicle regional analysis, which assesses increases in emissions based on the area's growth rate as applied to paved road dust emissions, unpaved road dust emissions, and mobile source emissions. It is this last category where the ICL comment questions if any changes in federal emissions requirements would affect the area's ability to attain. As explained above, motor vehicle emissions in the Pinehurst NAA are not expected to affect the areas ability to continue to attain as they are less than 5% and were not taken credit for in the attainment plan, nor the redesignation request and LMP. While we do not believe that any changes to motor vehicle emissions are relevant to the area's ability to attain, we did a basic evaluation to determine if the area would continue to meet the LMP motor vehicle regional analysis. The only portion of the calculation that would change would be the on-road mobile source. Currently, that value is calculated using the formula in the LMP Option Memo: DV mobile * VMT paved, where the DV mobile provides a 3.6509 [mu]g/m\3\ contribution to the design value and VMT paved is the 0.0166 percent growth rate (3.6509 * 0.0166 = 0.06 [mu]g/m\3\ contribution). Given that the growth rate in Pinehurst is very small, any potential changes to the emissions standards would have a small effect on the design value. Taking a conservative assumption and doubling the DV mobile from 3.6509 [mu]g/ m\3\ to 7.3018 [mu]g/m\3\, and applying the 0.0166 growth rate would only increase the mobile contribution from 0.06 [micro]g/m\3\ contribution to 0.12 [micro]g/m\3\ contribution and the Pinehurst area would still be able meet the motor vehicle regional analysis test. Given the small contribution of motor vehicle emissions and low growth rate in the Pinehurst area, we believe the Pinehurst PM10 NAA LMP is sufficient and no further action is required. The ICL's request that the EPA identify and revise all of its models, analyses, and emissions factors that may be impacted by current or proposed changes to vehicle emissions standards is outside of the scope of this action. Comment--Emission Factors Summary--The ICL requested that the EPA confirm that all woodstoves replaced were ``Phase II,'' and to require that the IDEQ revise calculations in the case that any of the replacements were not Phase II. The ICL asserts that the IDEQ used incorrect emissions factors based on a comparison of AP-42 emissions factors to those used by IDEQ in the Pinehurst PM10 LMP, and requests an explanation for this or revision, whichever is more appropriate. Response--We disagree that the IDEQ used incorrect emissions factors and do not believe that any further calculations are needed. In 1988, the EPA finalized the residential wood heaters new source performance standards (NSPS) that required performance standards for woodstoves. These performance standards were released in two phases; Phase I went into effect immediately in 1988, and Phase II went into effect in 1990. The Phase II performance standards required that catalytic stoves have an emission rate of 4.1g/hr or less and non- catalytic stoves have an emissions rate of 7.5 g/hr or less. All stoves that have been replaced in Pinehurst occurred after Phase II standards were in place. Additionally, we have received confirmation from IDEQ that these changeouts were completed and that they were Phase II EPA certified stoves. With regard to the ICL's request for explanation of the emissions factors used, we reviewed the emissions factors (EFs) for residential wood combustion that IDEQ used and found them consistent with the EPA EFs and methodology used in the 2014 National Emissions Inventory. The IDEQ used EFs derived from EPA's Residential Wood Combustion Emissions Estimation Tool version 3.1 (October 2016) that are more up to date than the EFs in AP-42, which were last updated in 1996 for this source category. We have included in the docket the documentation for v3.1 and 3.2 of the Residential Wood Combustion Emissions Estimation Tool, which has the emissions factors used and the references for those EFs. Both versions of the tool use the same EFs. In response to the comment, we have confirmed with the IDEQ that the changeouts were with phase II or better EPA certified stoves. We have also confirmed that the IDEQ emissions inventory assumptions and calculations are correct and that the appropriate EFs were used. Comment--Contingency Plan Summary--The ICL requested that the EPA further explain how the IDEQ's Contingency Plan is compliant with section 175A of the CAA. The comment provides a summary with references to CAA section 175A, the Calcagni Memo that provides guidance for maintenance plans, and the LMP Option Memo that provides guidance for LMPs. Response--While the commenter correctly identifies that CAA section 175A provides the statutory requirements for maintenance plan requirements, and that the LMP Option Memo provides guidance for contingency provisions under the LMP option, the ICL's contention that contingency provisions \4\ must be fully adopted and take effect within one year and without further legislative action is incorrect. These requirements do not appear in the CAA section 175A requirements nor the LMP Option Memo, and are contradicted by the Calcagni Memo, EPA's long- standing interpretation of redesignation and maintenance plan requirements. There, it states, ``For the purposes of section 175A, a State is not required to have fully adopted contingency measures that will take effect without further action by the State in order for the maintenance [[Page 45834]] plan to be approved.'' Calcagni Memo at 12; see also Greenbaum v. EPA, 370 F.3d 527, 541 (6th Cir. 2004) (upholding this portion of the Calcagni Memo). --------------------------------------------------------------------------- \4\ The IDEQ submittal and ICL comment letter use the terminology ``contingency measures,'' when referring to the CAA section 175A ``contingency provisions'' requirements. ``Contingency measures'' are associated with attainment planning and have different requirements. --------------------------------------------------------------------------- CAA section 175A(d) and EPA's interpretation of that provision as set out in the Calcagni Memo and the LMP Option Memo provide the standards by which the EPA must evaluate contingency plans. Section 175A(d) states that ``[e]ach plan revision submitted under this section shall contain such contingency provisions as the Administrator deems necessary to assure that the State will promptly correct any violation of the standard which occurs after the redesignation of the area as an attainment area. Such provisions shall include a requirement that the State will implement all measures with respect to the control of the air pollutant concerned which were contained in the State implementation plan for the area before redesignation of the area as an attainment area.'' The Calcagni Memo and the LMP Option memo further elaborate that ``Section 175A of the Act states that a maintenance plan must include contingency provisions, as necessary, to promptly correct any violation of the NAAQS which may occur after redesignation of the area to attainment. These contingency measures do not have to be fully adopted at the time of redesignation. However, the contingency plan is considered to be an enforceable part of the SIP and the State should ensure that the contingency measures are adopted as soon as possible once they are triggered by a specific event. The contingency plan should identify the measures to be adopted, and provide a schedule and procedure for adoption and implementation of the measures if they are required. Normally, the implementation of contingency measures is triggered by a violation of the NAAQS but the State may wish to establish other triggers to prevent a violation of the NAAQS, such as an exceedance of the NAAQS.'' The EPA has determined that the IDEQ's contingency plan meets the requirements of Section 175A(d) and the EPA's guidance memos. Section 3.5 of the IDEQ's submittal confirms that all measures relied upon for attainment, including woodstove changeouts, voluntary curtailment program, home weatherization, and public awareness campaign continue to be in place and will be strengthened if the PM10 standard is exceeded. If the Pinehurst area exceeds the standard, Section 3.5.1 identifies the Annual Network Plan monitoring data as the triggering mechanism for contingency provisions. A violation cited in the Annual Network Plan would trigger a schedule and process for IDEQ to examine the data, assess the source of the problem, and identify which contingency provision to adopt and implement. The submitted plan lists potential provisions focused on control of woodsmoke and road dust, the two primary sources of PM10 in the nonattainment area. The submitted contingency provisions meet the CAA section 175A requirement to continue implementing measures relied upon for attainment. There is an automatic process on a set schedule by which the Pinehurst area's design value is evaluated annually (i.e., the Annual Network Plan submittal-review-approval), and a violation would trigger the state to be required to evaluate, identify, adopt, and implement contingency provisions best suited towards bringing the area back into attainment. Therefore, the EPA is finalizing approval of the IDEQ's plan as meeting the requirements of section 175A. III. Final Action The EPA is approving the Pinehurst PM10 NAA LMP submitted by the IDEQ and concurrently redesignating the area to attainment for the PM10 NAAQS. Related to this action, the EPA is taking final agency action on the September 15, 2013, high wind exceptional event at the Pinehurst monitoring station. Additionally, the EPA is approving the West Silver Valley annual PM2.5 base year emissions inventory as meeting CAA section 172(c)(3) requirements. IV. Statutory and Executive Orders Review Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive 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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and it 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a [[Page 45835]] ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 13, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Authority: 42 U.S.C. 7401 et seq. Dated: August 30, 2018. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. For the reasons set forth in the preamble, 40 CFR parts 52 and 81 are amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart N--Idaho 0 2. In Sec. 52.670, the table in paragraph (e) is amended by adding an entry at the end of the table for ``Pinehurst PM 10 Limited Maintenance Plan'' to read as follows: Sec. 52.670 Identification of plan. * * * * * (e) * * * EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- Applicable Name of SIP provision geographic or State EPA approval date Comments nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Pinehurst PM10 Limited Shoshone County; 9/29/2017 9/11/2018,........ ..................... Maintenance Plan. Pinehurst [Insert Federal Expansion Area and Register City of Pinehurst. citation]. ---------------------------------------------------------------------------------------------------------------- PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 4. In Sec. 81.313, the table entitled ``Idaho-PM-10'' is amended by revising the entry for ``Eastern Washington-Northern Idaho Interstate AQCR 62 (Idaho portion):'' to read as follows: Sec. 81.313 Idaho. * * * * * Idaho PM-10 -------------------------------------------------------------------------------------------------------------------------------------------------------- Designation Classification Designated area ------------------------------------------------------------------------------------------------------------------- Date Type Date Type -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Eastern Washington-Northern Idaho Interstate AQCR 62 (Idaho portion): Shoshone County: Pinehurst October 11, 2018........... Attainment................. ........................... ........................... Expansion Area Northwest quarter of the Northwest quarter, Section 8, Township 48 North, Range 2 East; Southwest quarter of the Northwest quarter, Section 8, Township 48, North, Range 2 East; Northwest quarter of the Southwest quarter, Section 8, Township 48 North, Range 2 East; Southwest quarter, Section 8, Township 48 North, Range 2 East; Southwest quarter of the Southwest quarter, Section 48 North, Range 2 East, Boise Base (known as ``Pinehurst expansion area''). City of Pinehurst............... October 11, 2018........... Attainment................. ........................... ........................... * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-19600 Filed 9-10-18; 8:45 am] BILLING CODE 6560-50-P
![45830 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations
* * * * * Infrastructure Requirements for the 2008 ‘‘110(a)(1) and (2) Infrastructure
■ 3. Section 52.1770(e), is amended by Lead NAAQS’’, ‘‘110(a)(1) and (2) Requirements for the 2012 Annual PM2.5
adding entries for ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2008 NAAQS’’ at the end of the table to read
Infrastructure Requirements for 1997 8-Hour Ozone NAAQS’’, ‘‘110(a)(1) and as follows:
Fine Particulate Matter NAAQS’’, (2) Infrastructure Requirements for the
§ 52.1770 Identification of plan.
‘‘110(a)(1) and (2) Infrastructure 2010 1-hour NO2 NAAQS’’, ‘‘110(a)(1)
Requirements for 2006 Fine Particulate and (2) Infrastructure Requirements for * * * * *
Matter NAAQS’’, ‘‘110(a)(1) and (2) the 2010 1-hour SO2 NAAQS’’, and (e) * * *
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State effective EPA approval Federal Register ci-
Provision Explanation
date date tation
* * * * * * *
110(a)(1) and (2) Infrastructure Require- 4/1/2008 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for 1997 Fine Particulate Matter publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
NAAQS. eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 9/21/2009 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for 2006 Fine Particulate Matter publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
NAAQS. eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 6/15/2012 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2008 Lead NAAQS. publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 11/2/2012 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2008 8-Hour Ozone publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
NAAQS. eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 8/23/2013 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2010 1-hour NO2 NAAQS. publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 3/18/2014 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2010 1-hour SO2 NAAQS. publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
eral Register]. 3) and 110(a)(2)(J).
110(a)(1) and (2) Infrastructure Require- 12/4/2015 9/11/2018 [Insert citation of Approved the PSD elements of sections
ments for the 2012 Annual PM2.5 publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
NAAQS. eral Register]. 3) and 110(a)(2)(J).
[FR Doc. 2018–19603 Filed 9–10–18; 8:45 am] addresses maintenance of the PM10 INFORMATION CONTACT section for
BILLING CODE 6560–50–P standard for a ten-year period beyond additional availability information.
redesignation. Related to this action, the FOR FURTHER INFORMATION CONTACT:
EPA is taking final agency action on the Justin Spenillo at (206) 553–6125, or
ENVIRONMENTAL PROTECTION September 15, 2013, high wind spenillo.justin@epa.gov.
AGENCY exceptional event at the Pinehurst SUPPLEMENTARY INFORMATION:
monitoring station. Additionally, the Throughout this document whenever
40 CFR Parts 52 and 81 EPA is finalizing approval of the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
emissions inventory for the West Silver intended to refer to the EPA.
[EPA–R10–OAR–2017–0582; FRL–9983–
Valley 2012 annual PM2.5
53—Region 10] Table of Contents
nonattainment area.
Air Plan Approval; ID, Pinehurst PM10 DATES:This action is effective on I. Background Information
Redesignation, Limited Maintenance October 11, 2018. II. Response to Comments
Plan; West Silver Valley 2012 Annual III. Final Action
ADDRESSES: The EPA has established a IV. Statutory and Executive Orders Review
PM2.5 Emission Inventory
docket for this action under Docket ID
AGENCY: Environmental Protection No. EPA–R10–OAR–2017–0582. All I. Background Information
Agency (EPA). documents in the docket are listed on On May 11, 2018, the EPA proposed
ACTION: Final rule. the https://www.regulations.gov to approve the redesignation request
website. Although listed in the index, and limited maintenance plan (LMP)
SUMMARY: The EPA is approving the some information is not publicly submitted by the Idaho Department of
redesignation request and limited available, e.g., Confidential Business Environmental Quality (IDEQ) on
maintenance plan for the PM10 National Information or other information the September 29, 2017, for the City of
Ambient Air Quality Standard disclosure of which is restricted by Pinehurst PM10 Nonattainment Area and
developed for the City of Pinehurst statute. Certain other material, such as the Pinehurst PM10 Expansion
PM10 Nonattainment Area and the copyrighted material, is not placed on Nonattainment Area, collectively
daltland on DSKBBV9HB2PROD with RULES
Pinehurst PM10 Expansion the internet and will be publicly referred to as the Pinehurst PM10
Nonattainment Area. This redesignation available only in hard copy form. Nonattainment Area (Pinehurst PM10
will change the status of both areas from Publicly available docket materials are NAA).
nonattainment to attainment. The available through https:// Related to this action, the EPA is
limited maintenance plan for these www.regulations.gov, or please contact taking final agency action on the EPA’s
contiguous nonattainment areas the person identified in the FOR FURTHER concurrence with the IDEQ’s request for
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![45832 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations
Grant for the West Silver Valley PM2.5 design value for LMP qualification as with respect to the standard for which
NAA. As a condition of the grant identified in the proposal. the area was designated nonattainment.3
agreement with the EPA, the IDEQ Since the proposal, the IDEQ has The Pinehurst PM10 NAA was
committed to replace 183 uncertified submitted and the EPA has reviewed designated nonattainment for the 24-hr
wood heating devices and provide the and concurred on the IDEQ’s PM10 NAAQS and therefore the
associated emissions reductions. Each demonstration that elevated PM10 appropriate statistical test is with
homeowner receiving a changeout must concentrations on three days in respect to the 98 mg/m3 5-year average
sign a certification document to ensure September 2017 were attributable to design value. The EPA has confirmed
that they will remove an uncertified wildfire exceptional events and qualify that the area meets the 5-year average
wood heating device from their home for exclusion under EPA’s Exceptional design value of 98 mg/m3. We believe
and agree to have two follow-up home Events Rule. The August 24, 2018 that the IDEQ has met the requirements
inspections on the new certified device, concurrence letter to the IDEQ is of the LMP with regards to the 24-hr
commit to proper wood burning included in the docket. With the PM10 standard and the IDEQ does not
practices, and commit to not replacing exceptional event days excluded, the need to address the annual PM10
the device with another solid fuel area continues to meet the LMP average standard.
burning device. All removed stoves are design value for the most recent 5-year
period, through 2017. The EPA intends Comment—Federal Clean Air
rendered permanently and irreversibly
to propose final agency action on these Deregulation
inoperable and are properly disposed.
We believe the grant terms and 2017 exceptional events in a Summary—The ICL states that they
conditions and the homeowner forthcoming action. are concerned about recent actions and
certifications provide additional Based on the IDEQ PM10 LMP statements by federal agencies that may
enforceability for purposes of submission and the EPA’s review of air affect vehicle emissions reductions in
maintaining the PM10 standard in the quality monitoring data, it is reasonable the future, and how that may affect the
area. to conclude that the measures to reduce Pinehurst PM10 NAA ability to attain
While not specifically taken credit for PM10 in the Pinehurst PM10 NAA have and its permanence. The ICL comment
in the original attainment plan nor the contributed to permanent emissions letter specifically points to the IDEQ’s
LMP, road dust control has played an reductions. Emissions reductions in the reference to Tier 3 vehicle standards
important part in the area. It is the area have been maintained since 1994, and the EPA’s proposal to reduce
second largest source of pollution and enforceable control measures Corporate Average Fuel Economy
according to the emissions inventory, remain in place as approved into the (CAFE) standards. The comment then
and the area has taken measures to SIP. We therefore conclude that the area requests that the EPA ‘‘identify any and
reduce emissions through paving roads, has met its obligations with regard to all of its models and analyses that may
maintenance of roads, and adjusting permanent and enforceable measures to be impacted by current and proposed
street sweeping to reduce particulate maintain the 24-hour PM10 standard and deregulation of vehicle emissions.
matter. With respect to permanence of that no further action is required. Furthermore, we request that any
road controls, once paved their vehicle emission model or emission
Comment—Annual PM10 NAAQS factor for PM10 be revised such that the
associated emissions will be reduced
and road maintenance will ensure Summary—The ICL requests that the models and factors are not based on any
lasting emissions reductions. We EPA explain why the LMP and the federal emission regulation currently
received clarification from the IDEQ that EPA’s subsequent analysis only under judicial or administrative
since 2016, the majority of roads (over evaluated the 24-hour PM10 LMP design review.’’
10 miles in a city roughly 1 square mile) value and not the annual PM10 LMP Response—We do not agree with the
in the Pinehurst area have been rebuilt design value. The commenter asserts commenter’s assertion regarding the
or sealed. that both are required. impact of current or proposed changes
We have reviewed monitoring data for Response—On August 9, 2001, the to motor vehicle emissions standards on
the area with respect to the permanence EPA issued guidance on streamlined the proposed action, because the
of the emissions reductions. In Table 2 maintenance plan provisions for certain Pinehurst PM10 NAA does not rely on
of the IDEQ submittal, monitoring data moderate PM10 nonattainment areas motor vehicle emissions reductions for
is provided from 1986 through 2015. seeking redesignation to attainment attainment or its continued maintenance
From 1986 through 1993, the Pinehurst (Memorandum from Lydia Wegman, of the NAAQS. Additionally, there are
PM10 NAA was regularly recording Director, Air Quality Standards and no proposed changes to Tier 3 vehicle
values above 100 mg/m3, and exceeded Strategies Division, entitled ‘‘Limited standards and proposed CAFE standards
the 3-year expected exceedances design Maintenance Plan Option for Moderate have minimal effect on criteria
value of 1.0. From 1994 through 2015, PM10 Nonattainment Areas’’ (LMP pollutants, their focus instead being on
Table 2 shows that the area has Option Memo)). Section IV of the LMP greenhouse gas emissions reductions.
consistently met the 24-hour PM10 Option Memo discusses LMP When reviewing the submitted
standard, and the EPA has reviewed and qualification and qualifying design Pinehurst PM10 2013 Emissions
confirmed the data. As noted in the values specifically. It states that ‘‘[t]he Inventory in Table 7 of the IDEQ’s
submittal, the area came into attainment area should be attaining the NAAQS submittal, the primary source of PM10 is
in the same timeframe as the IDEQ’s and the average PM10 design value for residential wood combustion at 17.75
completion of the first batch of the area, based on the most recent 5 tons per year (TPY), which is 44.5% of
woodstove changeouts (76 by 1994). The years of air quality data at all monitors the PM10 emissions in the area. Road
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area has continued to meet the 24-hour in the area, should be at or below 40 mg/ dust, paved and unpaved, is the next
PM10 NAAQS design value since 1994, m3 for the annual PM10 NAAQS and 98 largest contributor at a cumulative 8.91
and it has also shown a continued mg/m3 for the 24-hr PM10 NAAQS with TPY, or 22.3% of emissions.
decrease in maximum annual 24-hr no violations at any monitor in the Cumulatively, residential wood
PM10 concentrations. Additionally, the nonattainment area.’’ combustion and road dust make up
EPA has determined that the Pinehurst To qualify for the LMP option, the
PM10 NAA meets the 5-year average area must meet the design value test 3 See LMP Option Memo.
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![45834 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations
plan to be approved.’’ Calcagni Memo at A violation cited in the Annual Network • does not impose an information
12; see also Greenbaum v. EPA, 370 Plan would trigger a schedule and collection burden under the provisions
F.3d 527, 541 (6th Cir. 2004) (upholding process for IDEQ to examine the data, of the Paperwork Reduction Act (44
this portion of the Calcagni Memo). assess the source of the problem, and U.S.C. 3501 et seq.);
CAA section 175A(d) and EPA’s identify which contingency provision to • is certified as not having a
interpretation of that provision as set adopt and implement. The submitted significant economic impact on a
out in the Calcagni Memo and the LMP plan lists potential provisions focused substantial number of small entities
Option Memo provide the standards by on control of woodsmoke and road dust, under the Regulatory Flexibility Act (5
which the EPA must evaluate the two primary sources of PM10 in the U.S.C. 601 et seq.);
contingency plans. Section 175A(d) nonattainment area. The submitted • does not contain any unfunded
states that ‘‘[e]ach plan revision contingency provisions meet the CAA mandate or significantly or uniquely
submitted under this section shall section 175A requirement to continue affect small governments, as described
contain such contingency provisions as implementing measures relied upon for in the Unfunded Mandates Reform Act
the Administrator deems necessary to attainment. There is an automatic of 1995 (Pub. L. 104–4);
assure that the State will promptly process on a set schedule by which the • does not have Federalism
correct any violation of the standard Pinehurst area’s design value is implications as specified in Executive
which occurs after the redesignation of evaluated annually (i.e., the Annual Order 13132 (64 FR 43255, August 10,
the area as an attainment area. Such Network Plan submittal-review- 1999);
provisions shall include a requirement approval), and a violation would trigger • is not an economically significant
that the State will implement all the state to be required to evaluate, regulatory action based on health or
measures with respect to the control of identify, adopt, and implement safety risks subject to Executive Order
the air pollutant concerned which were contingency provisions best suited 13045 (62 FR 19885, April 23, 1997);
contained in the State implementation • is not a significant regulatory action
towards bringing the area back into
plan for the area before redesignation of subject to Executive Order 13211 (66 FR
attainment. Therefore, the EPA is
the area as an attainment area.’’ The 28355, May 22, 2001);
finalizing approval of the IDEQ’s plan as • is not subject to requirements of
Calcagni Memo and the LMP Option meeting the requirements of section
memo further elaborate that ‘‘Section Section 12(d) of the National
175A. Technology Transfer and Advancement
175A of the Act states that a
maintenance plan must include III. Final Action Act of 1995 (15 U.S.C. 272 note) because
contingency provisions, as necessary, to application of those requirements would
The EPA is approving the Pinehurst be inconsistent with the Clean Air Act;
promptly correct any violation of the PM10 NAA LMP submitted by the IDEQ
NAAQS which may occur after and
and concurrently redesignating the area • does not provide the EPA with the
redesignation of the area to attainment. to attainment for the PM10 NAAQS.
These contingency measures do not discretionary authority to address, as
Related to this action, the EPA is taking appropriate, disproportionate human
have to be fully adopted at the time of final agency action on the September 15,
redesignation. However, the health or environmental effects, using
2013, high wind exceptional event at practicable and legally permissible
contingency plan is considered to be an the Pinehurst monitoring station.
enforceable part of the SIP and the State methods, under Executive Order 12898
Additionally, the EPA is approving the (59 FR 7629, February 16, 1994).
should ensure that the contingency West Silver Valley annual PM2.5 base
measures are adopted as soon as The SIP is not approved to apply on
year emissions inventory as meeting any Indian reservation land or in any
possible once they are triggered by a
CAA section 172(c)(3) requirements. other area where the EPA or an Indian
specific event. The contingency plan
should identify the measures to be IV. Statutory and Executive Orders tribe has demonstrated that a tribe has
adopted, and provide a schedule and Review jurisdiction. In those areas of Indian
procedure for adoption and country, the rule does not have tribal
Under the CAA, the Administrator is implications and it will not impose
implementation of the measures if they
required to approve a SIP submission substantial direct costs on tribal
are required. Normally, the
that complies with the provisions of the governments or preempt tribal law as
implementation of contingency
measures is triggered by a violation of Act and applicable federal regulations. specified by Executive Order 13175 (65
the NAAQS but the State may wish to 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000).
establish other triggers to prevent a Thus, in reviewing SIP submissions, the The Congressional Review Act, 5
violation of the NAAQS, such as an EPA’s role is to approve state choices, U.S.C. 801 et seq., as added by the Small
exceedance of the NAAQS.’’ provided that they meet the criteria of Business Regulatory Enforcement
The EPA has determined that the the CAA. Accordingly, this action Fairness Act of 1996, generally provides
IDEQ’s contingency plan meets the merely approves state law as meeting that before a rule may take effect, the
requirements of Section 175A(d) and the federal requirements and does not agency promulgating the rule must
EPA’s guidance memos. Section 3.5 of impose additional requirements beyond submit a rule report, which includes a
the IDEQ’s submittal confirms that all those imposed by state law. For that copy of the rule, to each House of the
measures relied upon for attainment, reason, this action: Congress and to the Comptroller General
including woodstove changeouts, • Is not a ‘‘significant regulatory of the United States. The EPA will
voluntary curtailment program, home action’’ subject to review by the Office submit a report containing this action
weatherization, and public awareness of Management and Budget under and other required information to the
Executive Orders 12866 (58 FR 51735, U.S. Senate, the U.S. House of
daltland on DSKBBV9HB2PROD with RULES
campaign continue to be in place and
will be strengthened if the PM10 October 4, 1993) and 13563 (76 FR 3821, Representatives, and the Comptroller
standard is exceeded. If the Pinehurst January 21, 2011); General of the United States prior to
area exceeds the standard, Section 3.5.1 • is not an Executive Order 13771 (82 publication of the rule in the Federal
identifies the Annual Network Plan FR 9339, February 2, 2017) regulatory Register. A major rule cannot take effect
monitoring data as the triggering action because SIP approvals are until 60 days after it is published in the
mechanism for contingency provisions. exempted under Executive Order 12866; Federal Register. This action is not a
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![Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations 45835
‘‘major rule’’ as defined by 5 U.S.C. List of Subjects PART 52—APPROVAL AND
804(2). 40 CFR Part 52 PROMULGATION OF
Under section 307(b)(1) of the CAA, IMPLEMENTATION PLANS
Environmental protection, Air
petitions for judicial review of this pollution control, Incorporation by
action must be filed in the United States ■ 1. The authority citation for part 52
reference, Intergovernmental relations,
Court of Appeals for the appropriate Nitrogen dioxide, Particulate matter, continues to read as follows:
circuit by November 13, 2018. Filing a Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq.
petition for reconsideration by the requirements, Sulfur dioxide.
Administrator of this final rule does not Subpart N—Idaho
affect the finality of this action for the 40 CFR Part 81
purposes of judicial review nor does it Environmental protection, Air ■ 2. In § 52.670, the table in paragraph
extend the time within which a petition pollution control, National parks, (e) is amended by adding an entry at the
for judicial review may be filed, and Wilderness areas. end of the table for ‘‘Pinehurst PM10
shall not postpone the effectiveness of Authority: 42 U.S.C. 7401 et seq. Limited Maintenance Plan’’ to read as
such rule or action. This action may not Dated: August 30, 2018. follows:
be challenged later in proceedings to Michelle L. Pirzadeh,
enforce its requirements. (See section § 52.670 Identification of plan.
Acting Regional Administrator, Region 10.
307(b)(2)). * * * * *
For the reasons set forth in the
preamble, 40 CFR parts 52 and 81 are (e) * * *
amended as follows:
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
State
Name of SIP Applicable geographic or submittal EPA approval date Comments
provision nonattainment area date
* * * * * * *
Pinehurst PM10 Limited Mainte- Shoshone County; Pinehurst Ex- 9/29/2017 9/11/2018, ......................................
nance Plan. pansion Area and City of Pine- [Insert Federal Register citation] ..
hurst.
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. Northern Idaho Interstate AQCR 62
FOR AIR QUALITY PLANNING (Idaho portion):’’ to read as follows:
■ 4. In § 81.313, the table entitled
PURPOSES
‘‘Idaho-PM–10’’ is amended by revising § 81.313 Idaho.
■ 3. The authority citation for part 81 the entry for ‘‘Eastern Washington- * * * * *
continues to read as follows:
IDAHO PM–10
Designation Classification
Designated area
Date Type Date Type
* * * * * * *
Eastern Washington-Northern Idaho Interstate AQCR 62 (Idaho portion):
Shoshone County: Pinehurst Expansion Area Northwest quarter of the October 11, 2018 Attainment ............ ..............................
Northwest quarter, Section 8, Township 48 North, Range 2 East; South-
west quarter of the Northwest quarter, Section 8, Township 48, North,
Range 2 East; Northwest quarter of the Southwest quarter, Section 8,
Township 48 North, Range 2 East; Southwest quarter, Section 8, Town-
ship 48 North, Range 2 East; Southwest quarter of the Southwest quar-
ter, Section 48 North, Range 2 East, Boise Base (known as ‘‘Pinehurst
expansion area’’).
City of Pinehurst .............................................................................................. October 11, 2018 Attainment ............ ..............................
* * * * * * *
* * * * *
[FR Doc. 2018–19600 Filed 9–10–18; 8:45 am]
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BILLING CODE 6560–50–P
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Document Created: 2018-09-11 01:02:41
Document Modified: 2018-09-11 01:02:41
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This action is effective on October 11, 2018. | |
| Contact | Justin Spenillo at (206) 553-6125, or [email protected] | |
| FR Citation | 83 FR 45830 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide; National Parks and Wilderness Areas |
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