83 FR 53201 - Air Plan Approval; ID, West Silver Valley PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 204 (October 22, 2018)

Page Range		53201-53204
FR Document		2018-22285

The Environmental Protection Agency (EPA) proposes to determine that the West Silver Valley, Idaho nonattainment area has clean data for the 2012 annual fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS). This proposed clean data determination (CDD) is based upon quality-assured, quality-controlled, and certified ambient air monitoring data showing the area has attained the 2012 PM<INF>2.5</INF> NAAQS based on the 2015-2017 data available in the EPA's Air Quality System (AQS) database. The EPA also proposes to take final agency action on the September 2017 wildfire exceptional event at the Pinehurst monitoring station, pursuant to EPA regulations, as having affected PM<INF>2.5</INF> and PM<INF>10</INF> values. Based on the proposed clean data determination, the EPA is also proposing to determine that the obligation for Idaho to make submissions to meet certain Clean Air Act (CAA or the Act) requirements related to attainment of the NAAQS for this area are not applicable for as long as the area continues to attain the 2012 annual PM<INF>2.5</INF> NAAQS.

Federal Register, Volume 83 Issue 204 (Monday, October 22, 2018)

[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Proposed Rules]
[Pages 53201-53204]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-22285]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0170; FRL-9985-39-Region 10]

Air Plan Approval; ID, West Silver Valley PM2.5 Clean Data
Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to
determine that the West Silver Valley, Idaho nonattainment area has
clean data for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS). This
proposed clean data determination (CDD) is based upon quality-assured,
quality-controlled, and certified ambient air monitoring data showing
the area has attained the 2012 PM2.5 NAAQS based on the
2015-2017 data available in the EPA's Air Quality System (AQS)
database. The EPA also proposes to take final agency action on the
September 2017 wildfire exceptional event at the Pinehurst monitoring
station, pursuant to EPA regulations, as having affected
PM2.5 and PM10 values. Based on the proposed
clean data determination, the EPA is also proposing to determine that
the obligation for Idaho to make submissions to meet certain Clean Air
Act (CAA or the Act) requirements related to attainment of the NAAQS
for this area are not applicable for as long as the area continues to
attain the 2012 annual PM2.5 NAAQS.

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0170, 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 whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Justin Spenillo, at 206-553-6125, or
spenillo.justin@epa.gov.

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

Table of Contents

I. Background
II. Clean Data Determination for the West Silver Valley, Idaho
Nonattainment Area
III. The EPA's Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

On December 14, 2012, the Environmental Protection Agency (EPA)
promulgated a revised primary annual PM2.5 NAAQS to provide
increased protection of public health from fine particle pollution
(``2012 annual PM2.5 NAAQS'').\1\ In that action, the EPA
strengthened the primary annual PM2.5 standard, lowering the
level from 15.0 micrograms per cubic meter ([micro]g/m\3\) to 12.0
[micro]g/m\3\. The 2012 annual PM2.5 NAAQS is attained when
the 3-year average of the annual arithmetic means does not exceed 12.0
[micro]g/m\3\. See 40 CFR 50.18 and 40 CFR part 50, appendix N.
Effective April 15, 2015, the EPA made designation determinations, as
required by section 107(d)(1) of the CAA, for the 2012 annual
PM2.5 NAAQS.\2\ In that action, the EPA designated the West
Silver Valley area in Shoshone County, Idaho (WSV NAA) as moderate
nonattainment for the 2012 annual PM2.5 NAAQS. See 40 CFR
81.313.
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\1\ 78 FR 3086, January 15, 2013.
\2\ 80 FR 2206.
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On March 26, 2018, the EPA issued a finding of failure to submit
under section 110(k) of the CAA finding that several states, including
Idaho, failed to submit specific moderate area SIP elements for the
2012 annual PM2.5 NAAQS required under subpart 4 of part D
of Title I of the CAA.\3\ In particular, Idaho failed to submit the
following specific moderate area SIP elements for the WSV NAA: An
attainment demonstration; control strategies, including reasonably
available control measures (``RACM'') and reasonably available control
technologies (``RACT''); a reasonable further progress (RFP) plan;
quantitative milestones; and contingency measures. This finding
triggered the sanctions clock under Section 179 of the CAA, as well as
an obligation under Section 110(c) of the CAA for EPA to promulgate a
FIP no later than 2 years from the effective date of the finding, if
Idaho does not submit, and the EPA has not approved, the required SIP
submission.
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\3\ 83 FR 14759.
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On August 24, 2016, the EPA issued the Fine Particulate Matter
National Ambient Air Quality Standards: State Implementation Plan
Requirements (``PM2.5 SIP Requirements Rule'').\4\ The
PM2.5 SIP Requirements Rule is codified at 40 CFR part 51,
subpart Z and provides rules for the implementation of current and
future PM2.5 NAAQS.
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\4\ 81 FR 58010, effective October 24, 2016.
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Over the past 2 decades, the EPA has consistently applied its
``Clean Data Policy'' interpretation to attainment

[[Page 53202]]

related provisions of subparts 1, 2, and 4 of the CAA. The EPA codified
the approach in the Clean Data Policy in the PM2.5 SIP
Requirements Rule (40 CFR 51.1015(a)) for the implementation of current
and future PM2.5 NAAQS. See 81 FR 58010, 58161 (August 24,
2016). In accordance with 40 CFR 51.1015, the EPA may issue a clean
data determination for a specific area if the EPA determines the area
has attained the relevant NAAQS based on 3 years of quality-assured,
certified air quality monitoring data. For a complete discussion of the
Clean Data Policy's history and the EPA's longstanding interpretation
under the CAA, please refer to the August 24, 2016 PM2.5 SIP
Requirements Rule (81 FR 58010).
As provided in 40 CFR 51.1015, so long as an area continues to meet
the standard, finalization of a CDD suspends the requirements for a
nonattainment area to submit an attainment demonstration, associated
RACM and RACT, an RFP plan, quantitative milestones, contingency
measures, and any other SIP requirements related to the attainment of
the 2012 annual PM2.5 NAAQS. The requirement to submit a
projected attainment inventory as part of an attainment demonstration
or RFP plan is also suspended by this determination. As discussed in
the 2016 PM2.5 SIP Requirements Rule, the nonattainment base
emissions inventory required by section 172(c)(3) of the CAA is not
suspended by this determination because the base inventory is a
requirement independent of planning for an area's attainment. See 81 FR
58009 at 58028 and 58127-8 and 80 FR 15340 at 15441-2. Additionally, as
discussed in the PM2.5 SIP Requirements Rule, and required
by sections 110(a)(2)(C); 172(c)(5); 173; 189(a), and 189(e) of the
CAA, nonattainment New Source Review (NNSR) requirements are not
suspended by a CDD because this requirement is independent of the
area's attainment planning. See 81 FR 58010 at 58107 and 58127.
By extension, the requirement to submit a motor vehicle emissions
budget (MVEB) for the attainment year for the purposes of
transportation conformity is also suspended. A MVEB is that portion of
the total allowable emissions defined in the submitted or approved
control strategy implementation plan revision or maintenance plan for a
certain date for the purpose of meeting RFP milestones or demonstrating
attainment or maintenance of the NAAQS, for any criteria pollutant or
its precursors, allocated to highway and transit vehicle use and
emissions. For the purposes of the transportation conformity
regulations, the control strategy implementation plan revision is the
implementation plan which contains specific strategies for controlling
the emissions of and reducing ambient levels of pollutants in order to
satisfy CAA requirements for demonstrations of RFP and attainment.
Given that MVEBs are required to support the RFP and attainment
demonstration requirements in the attainment plan, suspension of the
RFP and attainment demonstration requirements through a CDD, also
suspends the requirement to submit MVEBs for the attainment and RFP
years. The suspension of planning requirements pursuant to 40 CFR
51.1015, does not preclude the state from submitting suspended elements
of its moderate area attainment plan for EPA approval for the purposes
of strengthening the state's SIP.
The suspension of the obligation to submit such requirements
applies regardless of when the plan submissions are due. A clean data
determination is not equivalent to a redesignation, and the state must
still meet the statutory requirements for redesignation in order to be
redesignated to attainment.
In accordance with 40 CFR 51.1015(a)(1) and (2), the CDD suspends
the aforementioned SIP obligations until such time as the area is
redesignated to attainment, after which such requirements are
permanently discharged; or the EPA determines that the area has re-
violated the PM2.5 NAAQS, at which time the state shall
submit such attainment plan elements for the moderate nonattainment
area by a future date to be determined by the EPA and announced through
publication in the Federal Register at the time the EPA determines the
area is violating the 2012 annual PM2.5 NAAQS.

II. Clean Data Determination for the West Silver Valley, Idaho
Nonattainment Area

Air Quality Data

Under the EPA regulations at 40 CFR 50.18 and part 50, appendix N,
the 2012 annual PM2.5 NAAQS is met when the 3-year average
of PM2.5 annual mean mass concentrations for each eligible
monitoring site is less than or equal to 12.0 [mu]g/m\3\. Three years
of valid, annual means are required to produce a valid annual
PM2.5 NAAQS design value. A year of data meets data
completeness requirements when quarterly data capture rates for all
four quarters are at least 75 percent from eligible monitoring sites.
See 40 CFR part 50, appendix N. There is one PM2.5 eligible
monitoring site in the WSV NAA, located in Pinehurst, Idaho. Table 1
shows the WSV NAA design value for the 2012 annual PM2.5
NAAQS for the years 2015-2017 at that Pinehurst, Idaho monitoring site.

Table 1--2015-2017 Annual PM2.5 Values for West Silver Valley, Shoshone, Idaho
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Weighted mean ([mu]g/m3) Complete quarters Certified annual
------------------------------------------------------------------------------------ design value 2015-
Monitor ID 2017 ([mu]g/m3)
2015 2016 2017 2015 2016 2017
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160790017....................................... 13.6 9.3 12.3 4 4 4 11.7
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Consistent with the requirements contained in 40 CFR part 58, the
EPA has reviewed the PM2.5 ambient air quality monitoring
data for the monitoring period from 2015 through 2017 for the WSV NAA,
as recorded in the AQS database, and has determined the data meet the
quality assurance requirements set forth in part 58. In this respect,
the data have been deemed usable by the EPA for regulatory compliance
purposes. As shown in Table 1, each quarter from 2015 through 2017 is
complete with all four quarters reporting data capture rates of at
least 75 percent. The certified annual design value for 2015-2017 is
11.7 [mu]g/m\3\, which is below the 2012 annual PM2.5
standard of 12.0 [mu]g/m\3\. Therefore, the WSV NAA has attained the
2012 annual PM2.5 NAAQS in accordance with the requirements
in 40 CFR part 50, section 50.18 and appendix N.

Exceptional Event

The CAA allows for the exclusion of air quality monitoring data
from design

[[Page 53203]]

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 2017,
emissions from multiple wildfires in the Pacific Northwest impacted
PM2.5 and PM10 concentrations recorded at the
Pinehurst monitor within the WSV NAA. For purposes of this proposed
action, on August 10, 2018, the Idaho Department of Environmental
Quality (IDEQ) submitted an exceptional event demonstration to request
exclusion of the 2017 data impacted by wildfires. The EPA evaluated the
IDEQ's exceptional event demonstration for the flagged values of the
24-hour PM2.5 and PM10 listed in Table 2, at the
monitor in Pinehurst, Idaho, with respect to the requirements of the
EPA's Exceptional Events Rule (40 CFR 50.1, 50.14, and 50.930). The EPA
determined the event and the IDEQ's demonstration met the exceptional
event rule requirements.

Table 2--24-hr PM2.5 and PM10 Values at the Pinehurst Monitoring
Station, Concurred on by the EPA as Meeting the Exceptional Event
Criteria
------------------------------------------------------------------------
24-hr PM2.5 24-hr PM10
concentration concentration
Date ([micro]g/m3) 16- ([micro]g/m3) 16-
079-0017 POC1 079-0017 POC3
------------------------------------------------------------------------
9/4/2017.......................... 144.9 .................
9/5/2017.......................... 222.2 .................
9/6/2017.......................... 147.1 169.6
9/7/2017.......................... 123.8 149.8
9/8/2017.......................... 116.7 143.7
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On August 24, 2018, the EPA concurred with the IDEQ's request to
exclude event-influenced data listed in Table 2. As such, the event-
influenced data have been removed from the data set used for regulatory
purposes. For this proposed action, the EPA relies on the calculated
values that exclude the event-influenced data (see Table 1, above). The
EPA now proposes to take final regulatory action on the IDEQ's request
to exclude PM10 and PM2.5 data listed in Table 2,
in regulatory decisions. For further information, refer to the IDEQ's
Exceptional Event demonstration package and the EPA's concurrence and
analysis located in the docket for this proposed action.

III. The EPA's Proposed Action

Pursuant to the Clean Data Policy codified at 40 CFR 51.1015(a),
the EPA proposes to determine that based on 3-years of certified, valid
monitoring data between 2015 and 2017, the WSV NAA has attained the
2012 annual PM2.5 NAAQS. The EPA also proposes to take final
agency action on the wildfire exceptional event that affected the
Pinehurst monitor as listed in Table 2 for both PM2.5 and
PM10. Pursuant to 40 CFR 51.1015(a), and based upon our
proposed determination that the WSV NAA has attained the standard, the
EPA proposes to determine that the obligation to submit any attainment-
related SIP revisions arising from classification of the WSV NAA as a
moderate nonattainment area under subpart 4 of part D, of title I of
the Act for the 2012 annual PM2.5 NAAQS is not applicable
for so long as the area continues to attain the 2012 annual
PM2.5 NAAQS. In particular, if the EPA finalizes this
determination, it will suspend the requirements for the area to submit
an attainment demonstration, RACM and RACT, RFP plan, quantitative
milestones, contingency measures, and any other SIP requirements
related to the attainment of the 2012 annual PM2.5 NAAQS, so
long as the area continues to meet the standard. If today's action is
finalized as proposed, the sanctions and FIP clocks triggered by the
EPA's March 26, 2018, finding of failure to submit will be suspended.
See 83 FR 14759.
This proposed determination of attainment does not constitute a
redesignation to attainment. The WSV NAA will remain designated
nonattainment for the 2012 annual PM2.5 NAAQS until the EPA
determines the WSV NAA meets the CAA requirements for redesignation to
attainment, including an approved maintenance plan, pursuant to
sections 107 and 175A of the CAA. The EPA is soliciting public comments
on EPA's proposed action. These comments will be considered before
taking final action.

IV. Statutory and Executive Order Reviews

This action proposes to exclude certain air quality monitoring data
from design value calculations and suspend certain federal
requirements, and thus would not impose additional requirements beyond
those imposed by state law. For these reasons, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because it does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

[[Page 53204]]

In addition, this proposed action does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP obligations discussed herein do not apply to Indian
tribes and, thus, this proposed action will not impose substantial
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.

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

Dated: October 3, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-22285 Filed 10-19-18; 8:45 am]
BILLING CODE 6560-50-P

53202 Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Proposed Rules

related provisions of subparts 1, 2, and Source Review (NNSR) requirements are not equivalent to a redesignation, and
4 of the CAA. The EPA codified the not suspended by a CDD because this the state must still meet the statutory
approach in the Clean Data Policy in the requirement is independent of the area’s requirements for redesignation in order
PM2.5 SIP Requirements Rule (40 CFR attainment planning. See 81 FR 58010 at to be redesignated to attainment.
51.1015(a)) for the implementation of 58107 and 58127. In accordance with 40 CFR
current and future PM2.5 NAAQS. See By extension, the requirement to 51.1015(a)(1) and (2), the CDD suspends
81 FR 58010, 58161 (August 24, 2016). submit a motor vehicle emissions the aforementioned SIP obligations until
In accordance with 40 CFR 51.1015, the budget (MVEB) for the attainment year such time as the area is redesignated to
EPA may issue a clean data for the purposes of transportation attainment, after which such
determination for a specific area if the conformity is also suspended. A MVEB requirements are permanently
EPA determines the area has attained is that portion of the total allowable discharged; or the EPA determines that
the relevant NAAQS based on 3 years of emissions defined in the submitted or the area has re-violated the PM2.5
quality-assured, certified air quality approved control strategy NAAQS, at which time the state shall
monitoring data. For a complete implementation plan revision or submit such attainment plan elements
discussion of the Clean Data Policy’s maintenance plan for a certain date for for the moderate nonattainment area by
history and the EPA’s longstanding the purpose of meeting RFP milestones a future date to be determined by the
interpretation under the CAA, please or demonstrating attainment or EPA and announced through
refer to the August 24, 2016 PM2.5 SIP maintenance of the NAAQS, for any publication in the Federal Register at
Requirements Rule (81 FR 58010). criteria pollutant or its precursors, the time the EPA determines the area is
As provided in 40 CFR 51.1015, so allocated to highway and transit vehicle violating the 2012 annual PM2.5
long as an area continues to meet the use and emissions. For the purposes of NAAQS.
standard, finalization of a CDD the transportation conformity
suspends the requirements for a regulations, the control strategy II. Clean Data Determination for the
nonattainment area to submit an implementation plan revision is the West Silver Valley, Idaho
attainment demonstration, associated implementation plan which contains Nonattainment Area
RACM and RACT, an RFP plan, specific strategies for controlling the Air Quality Data
quantitative milestones, contingency emissions of and reducing ambient
measures, and any other SIP levels of pollutants in order to satisfy Under the EPA regulations at 40 CFR
requirements related to the attainment CAA requirements for demonstrations of 50.18 and part 50, appendix N, the 2012
of the 2012 annual PM2.5 NAAQS. The RFP and attainment. Given that MVEBs annual PM2.5 NAAQS is met when the
requirement to submit a projected are required to support the RFP and 3-year average of PM2.5 annual mean
attainment inventory as part of an attainment demonstration requirements mass concentrations for each eligible
attainment demonstration or RFP plan is in the attainment plan, suspension of monitoring site is less than or equal to
also suspended by this determination. the RFP and attainment demonstration 12.0 mg/m3. Three years of valid, annual
As discussed in the 2016 PM2.5 SIP requirements through a CDD, also means are required to produce a valid
Requirements Rule, the nonattainment suspends the requirement to submit annual PM2.5 NAAQS design value. A
base emissions inventory required by MVEBs for the attainment and RFP year of data meets data completeness
section 172(c)(3) of the CAA is not years. The suspension of planning requirements when quarterly data
suspended by this determination requirements pursuant to 40 CFR capture rates for all four quarters are at
because the base inventory is a 51.1015, does not preclude the state least 75 percent from eligible
requirement independent of planning from submitting suspended elements of monitoring sites. See 40 CFR part 50,
for an area’s attainment. See 81 FR its moderate area attainment plan for appendix N. There is one PM2.5 eligible
58009 at 58028 and 58127–8 and 80 FR EPA approval for the purposes of monitoring site in the WSV NAA,
15340 at 15441–2. Additionally, as strengthening the state’s SIP. located in Pinehurst, Idaho. Table 1
discussed in the PM2.5 SIP Requirements The suspension of the obligation to shows the WSV NAA design value for
Rule, and required by sections submit such requirements applies the 2012 annual PM2.5 NAAQS for the
110(a)(2)(C); 172(c)(5); 173; 189(a), and regardless of when the plan submissions years 2015–2017 at that Pinehurst,
189(e) of the CAA, nonattainment New are due. A clean data determination is Idaho monitoring site.

TABLE 1—2015–2017 ANNUAL PM2.5 VALUES FOR WEST SILVER VALLEY, SHOSHONE, IDAHO
Weighted mean Complete Certified
(μg/m3) quarters annual design
Monitor ID value
2015 2016 2017 2015 2016 2017 2015–2017
(μg/m3)

160790017 ..................................... 13.6 9.3 12.3 4 4 4 11.7

Consistent with the requirements respect, the data have been deemed standard of 12.0 mg/m3. Therefore, the
contained in 40 CFR part 58, the EPA usable by the EPA for regulatory WSV NAA has attained the 2012 annual
daltland on DSKBBV9HB2PROD with PROPOSALS

has reviewed the PM2.5 ambient air compliance purposes. As shown in PM2.5 NAAQS in accordance with the
quality monitoring data for the Table 1, each quarter from 2015 through requirements in 40 CFR part 50, section
monitoring period from 2015 through 2017 is complete with all four quarters 50.18 and appendix N.
2017 for the WSV NAA, as recorded in reporting data capture rates of at least 75
Exceptional Event
the AQS database, and has determined percent. The certified annual design
the data meet the quality assurance value for 2015–2017 is 11.7 mg/m3, The CAA allows for the exclusion of
requirements set forth in part 58. In this which is below the 2012 annual PM2.5 air quality monitoring data from design

VerDate Sep<11>2014 16:58 Oct 19, 2018 Jkt 247001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1

Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Proposed Rules 53203

value calculations when there are and PM10 concentrations recorded at the exceptional event demonstration for the
exceedances caused by events, such as Pinehurst monitor within the WSV flagged values of the 24-hour PM2.5 and
wildfires or high wind events, that meet NAA. For purposes of this proposed PM10 listed in Table 2, at the monitor in
the criteria for an exceptional event action, on August 10, 2018, the Idaho Pinehurst, Idaho, with respect to the
identified in the EPA’s implementing Department of Environmental Quality requirements of the EPA’s Exceptional
regulations, the Exceptional Events Rule (IDEQ) submitted an exceptional event Events Rule (40 CFR 50.1, 50.14, and
at 40 CFR 50.1, 50.14 and 51.930. In demonstration to request exclusion of 50.930). The EPA determined the event
2017, emissions from multiple wildfires the 2017 data impacted by wildfires. and the IDEQ’s demonstration met the
in the Pacific Northwest impacted PM2.5 The EPA evaluated the IDEQ’s exceptional event rule requirements.

TABLE 2—24-HR PM2.5 AND PM10 VALUES AT THE PINEHURST MONITORING STATION, CONCURRED ON BY THE EPA AS
MEETING THE EXCEPTIONAL EVENT CRITERIA
24-hr PM2.5 24-hr PM10
concentration concentration
Date (μg/m3) (μg/m3)
16–079–0017 16–079–0017
POC1 POC3

9/4/2017 ....................................................................................................................................................... 144.9 ..............................
9/5/2017 ....................................................................................................................................................... 222.2 ..............................
9/6/2017 ....................................................................................................................................................... 147.1 169.6
9/7/2017 ....................................................................................................................................................... 123.8 149.8
9/8/2017 ....................................................................................................................................................... 116.7 143.7

On August 24, 2018, the EPA finalizes this determination, it will October 4, 1993) and 13563 (76 FR 3821,
concurred with the IDEQ’s request to suspend the requirements for the area to January 21, 2011);
exclude event-influenced data listed in submit an attainment demonstration, • is not an Executive Order 13771 (82
Table 2. As such, the event-influenced RACM and RACT, RFP plan, FR 9339, February 2, 2017) regulatory
data have been removed from the data quantitative milestones, contingency action because SIP approvals are
set used for regulatory purposes. For measures, and any other SIP exempted under Executive Order 12866;
this proposed action, the EPA relies on requirements related to the attainment • does not impose an information
the calculated values that exclude the of the 2012 annual PM2.5 NAAQS, so collection burden under the provisions
event-influenced data (see Table 1, long as the area continues to meet the of the Paperwork Reduction Act (44
above). The EPA now proposes to take standard. If today’s action is finalized as U.S.C. 3501 et seq.);
final regulatory action on the IDEQ’s proposed, the sanctions and FIP clocks • is certified as not having a
request to exclude PM10 and PM2.5 data triggered by the EPA’s March 26, 2018, significant economic impact on a
listed in Table 2, in regulatory finding of failure to submit will be substantial number of small entities
decisions. For further information, refer suspended. See 83 FR 14759. under the Regulatory Flexibility Act (5
to the IDEQ’s Exceptional Event This proposed determination of U.S.C. 601 et seq.);
demonstration package and the EPA’s attainment does not constitute a • does not contain any unfunded
concurrence and analysis located in the redesignation to attainment. The WSV mandate or significantly or uniquely
docket for this proposed action. NAA will remain designated affect small governments, as described
nonattainment for the 2012 annual in the Unfunded Mandates Reform Act
III. The EPA’s Proposed Action
PM2.5 NAAQS until the EPA determines of 1995 (Pub. L. 104–4);
Pursuant to the Clean Data Policy • does not have Federalism
codified at 40 CFR 51.1015(a), the EPA the WSV NAA meets the CAA
implications as specified in Executive
proposes to determine that based on 3- requirements for redesignation to
Order 13132 (64 FR 43255, August 10,
years of certified, valid monitoring data attainment, including an approved
1999);
maintenance plan, pursuant to sections
between 2015 and 2017, the WSV NAA • is not an economically significant
has attained the 2012 annual PM2.5 107 and 175A of the CAA. The EPA is
regulatory action based on health or
NAAQS. The EPA also proposes to take soliciting public comments on EPA’s
safety risks subject to Executive Order
final agency action on the wildfire proposed action. These comments will
13045 (62 FR 19885, April 23, 1997);
exceptional event that affected the be considered before taking final action. • is not a significant regulatory action
Pinehurst monitor as listed in Table 2 IV. Statutory and Executive Order subject to Executive Order 13211 (66 FR
for both PM2.5 and PM10. Pursuant to 40 Reviews 28355, May 22, 2001);
CFR 51.1015(a), and based upon our • is not subject to requirements of
proposed determination that the WSV This action proposes to exclude Section 12(d) of the National
NAA has attained the standard, the EPA certain air quality monitoring data from Technology Transfer and Advancement
proposes to determine that the design value calculations and suspend Act of 1995 (15 U.S.C. 272 note) because
obligation to submit any attainment- certain federal requirements, and thus it does not involve technical standards;
daltland on DSKBBV9HB2PROD with PROPOSALS

related SIP revisions arising from would not impose additional and
classification of the WSV NAA as a requirements beyond those imposed by • does not provide the EPA with the
moderate nonattainment area under state law. For these reasons, this discretionary authority to address, as
subpart 4 of part D, of title I of the Act proposed action: appropriate, disproportionate human
for the 2012 annual PM2.5 NAAQS is not • Is not a ‘‘significant regulatory health or environmental effects, using
applicable for so long as the area action’’ subject to review by the Office practicable and legally permissible
continues to attain the 2012 annual of Management and Budget under methods, under Executive Order 12898
PM2.5 NAAQS. In particular, if the EPA Executive Orders 12866 (58 FR 51735, (59 FR 7629, February 16, 1994).

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53204 Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Proposed Rules

In addition, this proposed action does ENVIRONMENTAL PROTECTION with carbon dioxide standards after
not have tribal implications as specified AGENCY model year 2020, as explained in
by Executive Order 13175 (65 FR 67249, Section III of the proposed rule. This
November 9, 2000), because the SIP 40 CFR Parts 85 and 86 document contains only clerical
obligations discussed herein do not corrections and makes no updates to
apply to Indian tribes and, thus, this DEPARTMENT OF TRANSPORTATION either the proposal or to the analysis
proposed action will not impose underlying the proposal. For the
National Highway Traffic Safety reader’s information, an updated
substantial direct costs on tribal
Administration Preliminary Regulatory Impact
governments or preempt tribal law.
Assessment (PRIA) will also be made
List of Subjects in 40 CFR Part 52 49 CFR Parts 523, 531, 533, 536, and available concurrent with this notice;
537 that document will include descriptions
Environmental protection, Air starting on the second page detailing the
[NHTSA–2018–0067; EPA–HQ–OAR–2018–
pollution control, Incorporation by 0283; FRL–9984–62–OAR; NHTSA–2017– corrections to various tables and figures
reference, Particulate matter, Reporting 0069] therein.
and recordkeeping requirements.
RIN 2127–AL76; 2060–AU09 DATES: Comments for the proposed rule
Authority: 42 U.S.C. 7401 et seq. must be received on or before October
Dated: October 3, 2018. The Safer Affordable Fuel-Efficient 26, 2018.
(SAFE) Vehicles Rule for Model Years FOR FURTHER INFORMATION CONTACT:
Chris Hladick,
2021–2026 Passenger Cars and Light EPA: Christopher Lieske, Office of
Regional Administrator, Region 10. Trucks
[FR Doc. 2018–22285 Filed 10–19–18; 8:45 am] Transportation and Air Quality,
AGENCY: Environmental Protection Assessment and Standards Division,
BILLING CODE 6560–50–P
Agency and National Highway Traffic Environmental Protection Agency, 2000
Safety Administration. Traverwood Drive, Ann Arbor, MI
ACTION: Proposed rule; correction. 48105; telephone number: (734) 214–
4584; fax number: (734) 214–4816;
SUMMARY: This document corrects email address: lieske.christopher@
information in the proposed rule epa.gov, or contact the Assessment and
published in the August 24, 2018 issue Standards Division, email address:
of the Federal Register entitled The otaqpublicweb@epa.gov. NHTSA: James
Safer Affordable Fuel-Efficient (SAFE) Tamm, Office of Rulemaking, Fuel
Vehicles Rule for Model Years 2021– Economy Division, National Highway
2026 Passenger Cars and Light Trucks. Traffic Safety Administration, 1200 New
Specifically, a table in the Paperwork Jersey Avenue SE, Washington, DC
Reduction Act section is corrected; two 20590; telephone number: (202) 493–
minor changes are made to one 0515.
amendatory instruction in NHTSA’s
regulatory text, and the coefficients SUPPLEMENTARY INFORMATION:
specifying the proposed carbon dioxide In the proposed rule beginning at 83
standards in EPA’s regulatory text have FR 42986, in the issue of August 24,
been corrected to reflect EPA’s proposal 2018, make the following corrections:
to exclude credits for direct A/C On page 43480, replace the existing
emissions for purposes of compliance Table XII–2 with the following table:

TABLE XII–2—ESTIMATED BURDEN FOR REPORTING REQUIREMENTS
Manufacturers Government

Hours Cost Hours Cost

Prior Collection ................................................................................................ 3,189.00 $24,573.50 975.00 $31,529.00
Current Collection ............................................................................................ 3,774.5 187,530.82 3,038.00 141,246.78
Difference ........................................................................................................ 585.50 162,957.32 2,063.00 109,717.78

On page 43489, third column, remove CO2 On Page 43495 replace Table 1 to
the first instance of instruction 16 and Model year target value Paragraph (c)(2)(i)(B) with the following
in the second, in paragraph (a)(4)(ii) (grams/mile) table:
correct ‘‘8,877’’ to read ‘‘8,887.’’
2014 ...................................... 228.0 CO2
On page 43494, replace existing Table 2015 ...................................... 217.0 Model year target value
1 to Paragraph (c)(2)(i)(A) with the
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2016 ...................................... 206.0 (grams/mile)
following table: 2017 ...................................... 195.0
2018 ...................................... 185.0 2012 ...................................... 315.0
CO2 2019 ...................................... 175.0 2013 ...................................... 307.0
Model year target value 2020 ...................................... 166.0 2014 ...................................... 299.0
(grams/mile) 2015 ...................................... 288.0
2021 and later ...................... 182.0
2016 ...................................... 277.0
2012 ...................................... 244.0 2017 ...................................... 263.0
2013 ...................................... 237.0 2018 ...................................... 250.0

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Document Created: 2018-10-20 01:49:25
Document Modified: 2018-10-20 01:49:25

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before November 21, 2018.
Contact		Justin Spenillo, at 206-553-6125, or [email protected]
FR Citation		83 FR 53201
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements