Air Plan Approval; Idaho: Infrastructure Requirements for the 2015 Ozone Standard
| Published date | 09 April 2019 |
| Citation | 84 FR 14067 |
| Record Number | 2019-06873 |
| Section | Proposed rules |
| Court | Environmental Protection Agency |
Federal Register, Volume 84 Issue 68 (Tuesday, April 9, 2019)
[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14067-14073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06873]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0766; FRL-9991-85-Region 10]
Air Plan Approval; Idaho: Infrastructure Requirements for the
2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Whenever a new or revised National Ambient Air Quality
Standard (NAAQS) is promulgated, the Clean Air Act requires each State
to submit a plan for the implementation, maintenance, and enforcement
of the standard, commonly referred to as infrastructure requirements.
The Environmental Protection Agency (EPA) is proposing to approve the
Idaho State Implementation Plan (SIP), submitted on September 27, 2018,
as meeting infrastructure requirements for the 2015 ozone NAAQS.
DATES: Comments must be received on or before May 9, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0766, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Matthew Jentgen at (206) 553-0340, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Infrastructure Elements
III. EPA Approach To Review of Infrastructure SIP Submissions
IV. EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. Background
On October 26, 2015 (80 FR 65292) the EPA published a rule revising
the 8-hour ozone NAAQS from 0.075 parts per million (ppm) to a new,
more protective level of 0.070 ppm. After a new or revised standard is
promulgated, the Clean Air Act (CAA) requires each State to submit a
plan for the implementation, maintenance, and enforcement of the
standard, commonly referred to as an infrastructure SIP. On September
27, 2018, the Idaho Department of Environmental Quality (IDEQ)
submitted a SIP revision to meet the 2015 ozone NAAQS infrastructure
requirements.\1\
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\1\ The September 27, 2018, submission also addressed all
interstate transport requirements at CAA section 110(a)(2)(D) for
the 2015 ozone NAAQS. However, this publication proposes action on
only a portion of those requirements, specifically CAA sections
110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii). We intend to address the
remainder of the interstate transport requirements in a separate,
future action. See section 110(a)(2)(D) below.
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II. Infrastructure Elements
CAA section 110(a)(1) provides the procedural and timing
requirements for SIP submissions after a new or revised NAAQS is
promulgated. CAA section 110(a)(2) lists specific elements that each
State must meet related to a newly established or revised NAAQS. The
EPA has issued guidance to help States address these requirements, most
recently on September 13, 2013, (2013 Guidance).\2\ As noted in the
2013 Guidance, to the extent an existing SIP already meets the CAA
section 110(a)(2) requirements, States may certify that fact in their
submissions to the EPA. The requirements, with corresponding CAA
subsections, are listed below:
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\2\ Stephen D. Page, Director, Office of Air Quality Planning
and Standards. ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10,
September 13, 2013 (available at https://www.epa.gov/air-quality-implementation-plans/infrastructure-sip-requirements-and-guidance).
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110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control measures.
110(a)(2)(D): Interstate transport.
110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.
110(a)(2)(J): Consultation with government officials; public
notification; and Prevention of Significant Deterioration (PSD) and
visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
III. EPA Approach To Review of Infrastructure SIP Submissions
The EPA's 2013 Guidance restated our interpretation that two
elements are not governed by the three-year submission deadline in CAA
section 110(a)(1) because SIPs incorporating necessary local
nonattainment area controls are due on separate schedules, pursuant to
CAA section 172 and the various pollutant-specific subparts 2 through 5
of part D. These are submissions required by: (i) CAA section
110(a)(2)(C), to the extent that subsection refers to a permit program
as required in part D, title I of the CAA, and (ii) CAA section
110(a)(2)(I). As a result, this action does not address CAA section
110(a)(2)(C) with respect to nonattainment new source review (NSR) or
CAA section 110(a)(2)(I). The EPA has also determined that the CAA
section 110(a)(2)(J) provision on visibility is not triggered by a new
NAAQS because the visibility requirements in part C, title I of the CAA
are not changed by a new NAAQS.
Due to ambiguity in some of the language of CAA section 110(a)(2),
the EPA believes that it is appropriate to
[[Page 14068]]
interpret these provisions in the specific context of acting on
infrastructure SIP submissions. The EPA has previously provided
comprehensive guidance on the application of these provisions in the
2013 Guidance and through regional actions on infrastructure
submissions.\3\ Unless otherwise noted below, we are following that
existing approach in acting on this submission. In addition, in the
context of acting on such infrastructure submissions, the EPA evaluates
the submitting State's SIP for facial compliance with statutory and
regulatory requirements, not for the State's implementation of its
SIP.\4\ The EPA has other authority to address any issues concerning a
state's implementation of the rules, regulations, consent orders, etc.
that comprise its SIP.
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\3\ The EPA explains and elaborates on these ambiguities and its
approach to address them in its 2013 Guidance, as well as in
numerous agency actions, including the EPA's prior action on Idaho's
infrastructure SIP submission to address the 2010 nitrogen dioxide
and 2010 sulfur dioxide NAAQS (August 11, 2014, 79 FR 46707). Please
see our associated April 17, 2014, proposed rule for this discussion
(79 FR 21669, at page 21670).
\4\ See U.S. Court of Appeals for the Ninth Circuit decision in
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug.
30, 2018).
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IV. EPA Evaluation
110(a)(2)(A): Emission Limits and Other Control Measures
CAA section 110(a)(2)(A) requires SIPs to include enforceable
emission limits and other control measures, means or techniques
(including economic incentives such as fees, marketable permits, and
auctions of emissions rights), as well as schedules and timetables for
compliance, as may be necessary or appropriate to meet the applicable
requirements of the CAA.
State submission: The submission cites an overview of the Idaho air
quality laws and regulations, including portions of the Idaho
Environmental Protection and Health Act (EPHA) and the Rules for the
Control of Air Pollution located at IDAPA 58.01.01. Relevant laws cited
include Idaho Code Section 39-105(3)(d) which provides Idaho DEQ
authority to supervise and administer a system to safeguard air
quality, Idaho Code Section 39-115 which provides Idaho DEQ with
specific authority for the issuance of air quality permits, and Idaho
Code Section 39-116 which provides Idaho DEQ authority to establish
compliance schedules for air quality regulatory standards. Relevant
regulations include IDAPA 58.01.01.107.03 (incorporation by reference
of federal regulations), IDAPA 58.01.01.200-228 (permit to construct
rules), IDAPA 58.01.01.400-410 (operating permit rules), IDAPA
58.01.01.600-624 (control of open burning), IDAPA 58.01.01.625 (visible
emissions requirements and testing), IDAPA 58.01.01.725 (rules for
sulfur content of fuels), and IDAPA 58.01.01.460-461 (banking of
emissions).
EPA analysis: The State regulations identified above were
previously approved by the EPA into the Idaho SIP and demonstrate that
the Idaho SIP includes enforceable emission limits and other control
measures to implement the 2015 ozone NAAQS. We recently approved
updates to the IDAPA regulations to account for the 2015 ozone NAAQS
(83 FR 42033, August 20, 2018). Idaho has no areas designated
nonattainment for the 2015 ozone NAAQS. We note, as stated earlier,
that the EPA does not consider SIP requirements triggered by the
nonattainment area mandates in part D, title I of the CAA to be
governed by the submission deadline of CAA section 110(a)(1).
Regulations and other control measures for purposes of attainment
planning under part D, title I of the CAA are due on a different
schedule than infrastructure SIPs.
Idaho regulates emissions of ozone precursors through, among other
things, its SIP-approved new source review (NSR) permitting program.
The EPA most recently approved revisions to Idaho's major and minor NSR
permitting programs on May 12, 2017 (82 FR 22083) and August 12, 2016
(81 FR 53290). Idaho's NSR rules incorporate by reference the Federal
nonattainment NSR regulations and Federal PSD regulations at IDAPA
58.01.204 and IDAPA 58.01.01.205 respectively. In addition to NSR
permitting regulations, Idaho's Tier II operating permit regulations at
IDAPA 58.01.01.400-410 require that to obtain an operating permit, the
applicant must demonstrate the source will not cause or significantly
contribute to a violation of any ambient air quality standard. IDAPA
58.01.01.401.03 provides that Idaho DEQ will require a Tier II source
operating permit if Idaho DEQ determines emission rate reductions are
necessary to attain or maintain any ambient air quality standard or
applicable PSD increment.
In addition to permitting provisions, Idaho's SIP contains rules
that limit emissions of nitrogen oxides (NOX) and volatile
organic compounds (VOC) as precursors to ozone formation. These rules
include requirements to reduce pollutants that reduce visibility and
contribute to regional haze (IDAPA 58.01.01.665-668) and emission
limits for hot mix asphalt plants (IDAPA 58.01.01.805-808) and other
industries. As a result, we are proposing to approve the Idaho SIP as
meeting the requirements of CAA section 110(a)(2)(A) for the 2015 ozone
NAAQS.
110(a)(2)(B): Ambient Air Quality Monitoring/Data System
CAA section 110(a)(2)(B) requires SIPs to include provisions to
provide for establishment and operation of ambient air quality
monitors, collecting and analyzing ambient air quality data, and making
these data available to the EPA upon request.
State submission: The submission references IDAPA 58.01.01.107 and
IDAPA 58.01.01.576.05 in response to this requirement. These rules
incorporate by reference 40 CFR part 50 National Primary and Secondary
Air Quality Standards, 40 CFR part 52 Approval and Promulgation of
Implementation Plans, 40 CFR part 53 Ambient Air Monitoring Reference
and Equivalent Methods, and 40 CFR part 58 Appendix B Ambient Air
Quality Surveillance Quality Assurance Requirements for Prevention of
Significant Deterioration. The Idaho submission certifies that under
these rules Idaho meets the infrastructure requirement to implement
ambient air monitoring surveillance systems in accordance with the
requirements of the CAA.
The Idaho submission references the 2017 Idaho Annual Ambient Air
Monitoring Network Plan, approved by the EPA on November 8, 2017. The
Idaho submission also references the website where the Idaho DEQ
provides the network plan, air quality monitoring summaries, a map of
the monitoring network and real-time air monitoring data.
EPA analysis: A comprehensive air quality monitoring plan, intended
to meet the requirements of 40 CFR part 58 was submitted by Idaho on
January 15, 1980 (40 CFR 52.670) and approved by the EPA on July 28,
1982. The plan includes statutory and regulatory authority to establish
and operate an air quality monitoring network, including ozone
monitoring. Idaho's SIP-approved regulations in IDAPA 58.01.01.200--228
(permit to construct rules) and IDAPA 58.01.01.400-410 (operating
permit rules) govern source-specific monitoring and emissions testing
for ozone precursors in accordance with federal reference methods.
Idaho regularly assesses the adequacy of the state monitoring network
and submits that assessment to the EPA for review. In practice, Idaho
operates a comprehensive monitoring network,
[[Page 14069]]
including ozone monitoring, compiles and analyzes collected data, and
submits the data to the EPA's Air Quality System on a quarterly basis.
Based on the foregoing, we are proposing to approve the Idaho SIP as
meeting the requirements of CAA section 110(a)(2)(B) for the 2015 ozone
NAAQS.
110(a)(2)(C): Program for Enforcement of Control Measures
CAA section 110(a)(2)(C) requires each State to include a program
providing for enforcement of all SIP measures and the regulation of
construction of new or modified stationary sources, including a program
to meet PSD and nonattainment NSR requirements.
State submission: The submission refers to Idaho Code Section 39-
108 which provides Idaho DEQ with both administrative and civil
enforcement authority with respect to the Idaho EPHA, or any rule,
permit or order promulgated pursuant to the EPHA. Criminal enforcement
is authorized at Idaho Code Section 39-109. Emergency order authority,
similar to that under section 303 of the CAA, is located at Idaho Code
Section 39-112. The Idaho submission also refers to laws and
regulations related to air quality permits at IDAPA 58.01.01.200-228
(permit to construct rules).
The submission also cites the annual incorporation by reference
(IBR) rulemaking which updates Idaho's SIP to include Federal changes
to the NAAQS and PSD program. Idaho's submission certifies that the
annual IBR updates along with IDAPA sections 200-228 (permit to
construct rules) and 575-587 (air quality standards and area
classification) meets the CAA infrastructure requirement to implement
the PSD program.
EPA analysis: With regard to the requirement to have a program
providing for enforcement of all SIP measures, we are proposing to find
that the Idaho provisions described above provide Idaho DEQ with
authority to enforce the Idaho EPHA, air quality regulations, permits,
and orders promulgated pursuant to the EPHA. Idaho DEQ staffs and
maintains an administrative enforcement program to ensure compliance
with SIP requirements. Idaho DEQ may issue emergency orders to reduce
or discontinue emission of air contaminants where air emissions cause
or contribute to imminent and substantial endangerment. Enforcement
cases may be referred to the State Attorney General's Office for civil
or criminal enforcement. Therefore, we are proposing to approve the
Idaho SIP as meeting the requirements of CAA section 110(a)(2)(C)
related to enforcement for the 2015 ozone NAAQS.
To generally meet the requirements of CAA section 110(a)(2)(C) with
regard to the regulation of construction of new or modified stationary
sources, a State is required to have PSD, nonattainment NSR, and minor
NSR permitting programs adequate to implement the 2015 ozone NAAQS.
Idaho's SIP-approved PSD program is codified in IDAPA 58.01.01.200-228
(permits to construct) and governed by IDAPA 58.01.01.205 (permit
requirements for new major facilities or major modifications in
attainment or unclassifiable areas). We most recently approved
revisions to Idaho's PSD program on August 20, 2018 (83 FR 42033), May
12, 2017 (82 FR 22083) and August 12, 2016 (81 FR 53290). The SIP-
approved program incorporates by reference certain Federal PSD program
requirements at 40 CFR 52.21 as of July 1, 2017, and implements the
2015 ozone NAAQS. As a result, we are proposing to approve the Idaho
SIP as meeting the requirements of CAA section 110(a)(2)(C) with regard
to PSD for the 2015 ozone NAAQS.
Turning to minor NSR, the EPA approved a consolidated pre-
construction permitting program, including minor NSR, into the Idaho
SIP on June 23, 1986 (51 FR 22810). Over the years, we have approved
revisions to the program as consistent with the CAA and Federal minor
NSR requirements codified at 40 CFR 51.160 through 40 CFR 51.164, most
recently on August 12, 2016 (81 FR 53290). We have determined that the
program regulates construction of new and modified minor sources for
purposes of the 2015 ozone NAAQS.
Based on the foregoing, we are proposing to approve the Idaho SIP
as meeting the requirements of CAA section 110(a)(2)(C) for the 2015
ozone NAAQS.
110(a)(2)(D): Interstate Transport
CAA section 110(a)(2)(D)(i) addresses four separate elements, or
``prongs.'' CAA section 110(a)(2)(D)(i)(I) requires SIPs to contain
adequate provisions prohibiting emissions which will contribute
significantly to nonattainment of the NAAQS in any other State (prong
1), and adequate provisions prohibiting emissions which will interfere
with maintenance of the NAAQS by any other State (prong 2). CAA section
110(a)(2)(D)(i)(II) requires SIPs to contain adequate provisions
prohibiting emissions which will interfere with any other State's
required measures to prevent significant deterioration (PSD) of its air
quality (prong 3), and adequate provisions prohibiting emissions which
will interfere with any other State's required measures to protect
visibility (prong 4).
CAA section 110(a)(2)(D)(ii) states SIPs must include provisions
ensuring compliance with the applicable requirements of CAA sections
126 and 115 (relating to interstate and international pollution
abatement). CAA section 126 requires notification to neighboring States
of potential impacts from a new or modified major stationary source and
specifies how a State may petition the EPA when a major source or group
of stationary sources in a State is thought to contribute to certain
pollution problems in another State. CAA section 115 governs the
process for addressing air pollutants emitted in the United States that
cause or contribute to air pollution that may reasonably be anticipated
to endanger public health or welfare in a foreign country.
State submission: The submission addresses all interstate transport
requirements of the CAA. This proposed action, however, addresses only
CAA sections 110(a)(2)(D)(i)(II), and 110(a)(2)(D)(ii). We intend to
address the remainder of the interstate transport requirements in a
separate, future action.
For purposes of CAA 110(a)(2)(D)(i)(II), the submission referenced
Idaho's SIP-approved PSD program and Idaho's Regional Haze SIP
submitted to the EPA on October 25, 2010. Idaho also cites IDAPA
58.01.01.209 that provides notice and comment procedures for various
permit actions with regard to the public and to appropriate federal,
state, international, and local agencies. CAA section 110(a)(2)(D)(ii)
is discussed below.
EPA analysis: The EPA believes that the PSD sub-element of CAA
section 110(a)(2)(D)(i)(II) (prong 3) is satisfied where major new and
modified stationary sources in attainment and unclassifiable areas are
subject to a SIP-approved PSD program. We most recently approved
revisions to Idaho's SIP-approved PSD program on August 20, 2018 (83 FR
42033), May 12, 2017 (82 FR 22083), and August 12, 2016 (81 FR 53290).
Idaho's SIP-approved PSD program is up-to-date with current Federal
requirements, including implementing the 2015 ozone NAAQS. Therefore,
we are proposing to approve the Idaho SIP as meeting CAA section
110(a)(2)(D)(i)(II) prong 3 with respect to PSD for the 2015 ozone
NAAQS.
The EPA believes, as noted in the 2013 Guidance, where a State's
regional
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haze plan has been approved as meeting all current obligations, a State
may rely upon those provisions in support of its demonstration that it
satisfies CAA section 110(a)(2)(D)(i)(II) as it relates to visibility
(prong 4). On June 9, 2011, we approved a SIP revision which provides
Idaho DEQ authority to address regional haze and to implement best
available retrofit technology (BART) requirements (76 FR 33651).
Subsequently on June 22, 2011, we approved portions of the Idaho
Regional Haze SIP, including the requirements for BART (76 FR 36329).
Finally, on November 8, 2012, we approved the remainder of the Idaho
Regional Haze SIP, including those portions that address CAA provisions
that require states to set Reasonable Progress Goals for their Class I
areas, and to develop a Long-Term Strategy to achieve these goals (77
FR 66929). Because we approved the Idaho plan as meeting regional haze
requirements, we are proposing to approve the Idaho SIP as meeting CAA
section 110(a)(2)(D)(i)(II) prong 4 visibility requirements with
respect to the 2015 ozone NAAQS.
IDAPA 58.01.01.209 provides an opportunity for appropriate Federal,
State, international, and local agencies to participate and identify
any concerns in the permitting process. Idaho issues notice of its
draft permits and neighboring states consistently receive copies of
those drafts. Idaho also has no pending obligations under CAA section
115 or 126(b) of the CAA. Therefore, we are proposing to approve the
Idaho SIP as meeting the requirements of CAA section 110(a)(2)(D)(ii)
for the 2015 ozone NAAQS.
110(a)(2)(E): Adequate Resources
CAA section 110(a)(2)(E) requires each State to provide (i)
necessary assurances that the State will have adequate personnel,
funding, and authority under State law to carry out the SIP (and is not
prohibited by any provision of Federal or State law from carrying out
the SIP or portion thereof), (ii) requirements that the State comply
with the State board provisions under CAA section 128 and (iii)
necessary assurances that, where the State has relied on a local or
regional government, agency, or instrumentality for the implementation
of any SIP provision, the State has responsibility for ensuring
adequate implementation of such SIP provision.
State submission: The submission refers to Idaho Code Section 39-
106, which gives the Idaho DEQ Director authority to hire personnel to
carry out duties of the department. In addition, the submission
references Idaho Code 39-107, which establishes the State's Board of
Environmental Quality, and Executive Order 2016-07 which addresses
composition requirements of the Idaho Board of Environmental Quality.
Finally, the Idaho submission references Idaho Code Section 39-129,
which authorizes Idaho DEQ to enter into binding agreements with local
governments that are enforceable as orders.
EPA analysis: We are proposing to find that the above-referenced
provisions provide Idaho with adequate authority to carry out SIP
obligations with respect to the 2015 ozone NAAQS as required by CAA
section 110(a)(2)(E)(i). With regard to CAA section 110(a)(2)(E)(ii),
we previously approved a revision to the Idaho SIP for purposes of
meeting CAA section 128 and CAA section 110(a)(2)(E)(ii) on October 24,
2013 (78 FR 63394). Idaho renewed the Executive Order addressing
certain board requirements for an additional four years on December 14,
2016 (Executive Order No. 2016-07).\5\ We note that the Idaho Code
Title 59 Chapter 7 (Ethics in Government Act), relied on for previous
SIP Infrastructure actions, was relocated to Idaho Code Title 74
Chapter 4. Importantly, the relevant, substantive components of the
law, approved for purposes of SIP authority, were retained.\6\ Finally,
we are proposing to find that Idaho has provided necessary assurances
that, where Idaho has relied on a local or regional government, agency,
or instrumentality for the implementation of any SIP provision, Idaho
has responsibility for ensuring adequate implementation of the SIP with
regard to the 2015 ozone NAAQS as required by CAA section
110(a)(2)(E)(iii). Therefore, we are proposing to approve the Idaho SIP
as meeting the requirements of CAA section 110(a)(2)(E) for the 2015
ozone NAAQS.
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\5\ Letter to EPA from John Tippits, Director of Department of
Environmental Quality ``SIP Elements for State Boards Under Clean
Air Act Section 110(a)(1)-(2). January 3, 2017.
\6\ See Idaho House Bill 90, effective July 1, 2015.
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110(a)(2)(F): Stationary Source Monitoring System
CAA section 110(a)(2)(F) requires (i) the installation,
maintenance, and replacement of equipment, and the implementation of
other necessary steps, by owners or operators of stationary sources to
monitor emissions from such sources, (ii) periodic reports on the
nature and amounts of emissions and emissions-related data from such
sources, and (iii) correlation of such reports by the State agency with
any emission limitations or standards established pursuant to the CAA,
which reports shall be available at reasonable times for public
inspection.
State submission: The submission states that the statutes and rules
governing air quality permits provide Idaho DEQ with the ability to
monitor stationary source emissions for compliance purposes and make
data available to the public. The submission references the following
provisions:
IDAPA 58.01.01.157, which includes source testing methods
and procedures for source testing and reporting to the Idaho DEQ;
IDAPA 58.01.01.122, which provides Idaho DEQ authority to
issue information orders and orders to conduct source emissions
monitoring, record keeping, reporting and other requirements;
IDAPA 58.01.01.211, which contains conditions for permits
to construct;
IDAPA 58.01.01.209, which contains procedures for issuing
permits to construct, including public processes;
IDAPA 58.01.01.404, which contains procedures for issuing
Tier II operating permits, including public processes;
IDAPA 58.01.01.405, which contains conditions for Tier II
operating permits, including sampling ports, instrumentation to monitor
and record, and performance testing; and
Idaho Code 9-342A and IDAPA 58.01.21 which address public
records.
The Idaho submission also states that Idaho reports emissions data
for the six criteria pollutants to the EPA's National Emissions
Inventory, which is updated every three years.
EPA analysis: The provisions cited in the submission establishes
compliance requirements for sources subject to major and minor source
permitting to monitor emissions, keep and report records, and collect
ambient air monitoring data. The provisions cited also provide Idaho
DEQ authority to issue orders to collect additional information as
needed for Idaho DEQ to ascertain compliance. In addition, IDAPA
58.01.01.211 (conditions for permits to construct) and 58.01.01.405
(conditions for tier II operating permits) provide Idaho DEQ authority
to establish permit conditions requiring instrumentation to monitor and
record emissions data, and instrumentation for ambient monitoring to
determine the effect emissions from the stationary source or facility
may have, or are having, on the air quality in any area affected by the
stationary source or facility. This information is made available to
the public through public processes outlined at IDAPA
[[Page 14071]]
58.01.01.209 (procedures for issuing permits) for permits to construct
and 58.01.01.404 (procedures for issuing permits) for Tier II operating
permits.
Additionally, the State is required to submit emissions data to the
EPA for purposes of the National Emissions Inventory (NEI). The NEI is
the EPA's central repository for air emissions data. All states are
required to submit a comprehensive emissions inventory every three
years and report emissions for certain larger sources annually through
the EPA's online Emissions Inventory System. States report emissions
data for the six criteria pollutants and their associated precursors--
nitrogen oxides, sulfur dioxide, ammonia, lead, carbon monoxide,
particulate matter, and volatile organic compounds. Many states also
voluntarily report emissions of hazardous air pollutants. The EPA
compiles the emissions data, supplementing it where necessary, and
releases it to the general public through the website https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.
Idaho's SIP and practices are adequate for the stationary source
monitoring systems related to the 2015 ozone NAAQS. The statutes and
rules provide Idaho DEQ with the ability to monitor stationary source
emissions for compliance purposes and make data publicly available.
Based on the analysis above, we are proposing to approve the Idaho SIP
as meeting the requirements of CAA section 110(a)(2)(F) for the 2015
ozone NAAQS.
110(a)(2)(G): Emergency Episodes
CAA section 110(a)(2)(G) requires States to provide for authority
to address activities causing imminent and substantial endangerment to
public health, including adequate contingency plans to implement the
emergency episode provisions in their SIPs.
State submission: The Idaho submission cites Idaho Code 39-112
which provides emergency order authority comparable to that in CAA
section 303. In addition, the submission cites the Idaho Air Pollution
Emergency Rules (IDAPA 58.01.01.550-562).
EPA analysis: CAA section 303 provides authority to the EPA
Administrator to restrain any source from causing or contributing to
emissions which present an ``imminent and substantial endangerment to
public health or welfare, or the environment.'' We find that Idaho Code
Section 112 provides the Idaho DEQ Director with comparable authority.
The Idaho air pollution emergency rules at IDAPA 58.01.01.550-562
were previously approved by the EPA on January 16, 2003 (68 FR 2217).
Idaho's air pollution emergency rules include ozone, establish stages
of episode criteria, provide for public announcement whenever any
episode stage has been determined to exist, and specify emission
control actions to be taken at each episode stage, consistent with the
EPA emergency episode SIP requirements set forth at 40 CFR part 51
subpart H (prevention of air pollution emergency episodes, sections
51.150 through 51.153) for ozone. Therefore, we are proposing to
approve the Idaho SIP as meeting the requirements of CAA section
110(a)(2)(G) for the 2015 ozone NAAQS.
110(a)(2)(H): Future SIP Revisions
CAA section 110(a)(2)(H) requires that SIPs provide for revision of
a State plan (i) from time to time as may be necessary to take account
of revisions of a national primary or secondary ambient air quality
standard or the availability of improved or more expeditious methods of
attaining the standard, and (ii), except as provided in paragraph
110(a)(3)(C), whenever the Administrator finds that the SIP is
substantially inadequate to attain the NAAQS which it implements or to
otherwise comply with any additional requirements under the CAA.
State submission: The submission refers to Idaho Code Sections 39-
105(2) and (3)(d) which provide Idaho DEQ with broad authority to
revise rules, in accordance with Idaho administrative procedures for
rulemaking, to meet national ambient air quality standards as
incorporated by reference in IDAPA 58.01.01.107.
EPA analysis: We find that Idaho has adequate authority to
regularly update the SIP to take into account revisions of the NAAQS
and other related regulatory changes. In practice, Idaho regularly
updates the SIP for purposes of NAAQS revisions and other related
regulatory changes. We most recently approved revisions to the Idaho
SIP on August 20, 2018 (83 FR 422033). Idaho has incorporated by
reference the 2015 ozone NAAQS into the Idaho SIP. Therefore, we are
proposing to approve the Idaho SIP as meeting the requirements of CAA
section 110(a)(2)(H) for the 2015 ozone NAAQS.
110(a)(2)(I): Nonattainment Area Plan Revision Under Part D
There are two elements identified in CAA section 110(a)(2) not
governed by the three-year submission deadline of CAA section 110(a)(1)
because SIPs incorporating necessary local nonattainment area controls
are due on nonattainment area plan schedules pursuant to section 172
and the various pollutant-specific subparts 2 through 5 of part D.
These are submissions required by: (i) CAA section 110(a)(2)(C) to the
extent that subsection refers to a permit program as required in part
D, title I of the CAA, and (ii) section 110(a)(2)(I) which pertain to
the nonattainment planning requirements of part D, title I of the CAA.
As a result, this action does not address CAA section 110(a)(2)(C) with
respect to nonattainment NSR or CAA section 110(a)(2)(I).
110(a)(2)(J): Consultation With Government Officials
CAA section 110(a)(2)(J) requires States to provide a process for
consultation with local governments and Federal Land Managers carrying
out NAAQS implementation requirements pursuant to CAA section 121. CAA
section 110(a)(2)(J) further requires States to notify the public if
NAAQS are exceeded in an area and to enhance public awareness of
measures that can be taken to prevent exceedances. Lastly, CAA section
110(a)(2)(J) requires States to meet applicable requirements of part C,
title I of the CAA related to prevention of significant deterioration
and visibility protection.
State submission: The submission refers to laws and regulations
relating to public participation processes for SIP revisions and
permitting programs. The submission refers to IDAPA 58.01.01.209, 364,
and 404 which provide for public processes related to new source
construction permits and operating permits. The submission also refers
to Idaho Code Section 39-105(3)(c) which promotes outreach with local
governments and Idaho Code Section 39-129 which provides authority for
Idaho DEQ to enter into agreements with local governments. In addition,
the Idaho submission references the Idaho transportation conformity
rules and regional haze rules which provide for consultation processes.
With regard to public notification, the Idaho submission states that
Idaho DEQ submits information to EPA's AIRNOW program and provides
daily air quality index scores for many locations throughout Idaho.
Finally, with regard to PSD, the submission references the Idaho rules
for major source permitting at IDAPA 58.01.01.200 through 223,
including PSD requirements for sources in attainment and unclassifiable
areas.
EPA analysis: The Idaho SIP includes specific provisions for
consulting with local governments and Federal Land Managers as
specified in CAA section 121, including the Idaho rules for major
[[Page 14072]]
source PSD permitting. The EPA most recently approved Idaho permitting
rules at IDAPA 58.01.01.209 and 58.01.01.404, which provide opportunity
and procedures for public comment and notice to appropriate Federal,
State and local agencies, on November 26, 2010 (75 FR 47530). We most
recently approved Idaho's rules that define transportation conformity
consultation on April 12, 2001 (66 FR 18873), and Idaho's regional haze
rules on June 9, 2011 (76 FR 33651). In practice, Idaho DEQ routinely
coordinates with local governments, states, Federal Land Managers and
other stakeholders on air quality issues including permitting action,
transportation conformity, and regional haze. Therefore, we are
proposing to find that the Idaho SIP meets the requirements of CAA
section 110(a)(2)(J) for consultation with government officials for the
2015 ozone NAAQS.
CAA section 110(a)(2)(J) also requires the public be notified if
NAAQS are exceeded in an area and to enhance public awareness of
measures that can be taken to prevent exceedances. The EPA calculates
an air quality index for five major air pollutants regulated by the
CAA: Ground-level ozone, particulate matter, carbon monoxide, sulfur
dioxide, and nitrogen dioxide. The EPA AIRNOW program provides this air
quality index daily to the public, including health effects and actions
members of the public can take to reduce air pollution. Idaho actively
participates and submits information to the AIRNOW program, in addition
to the EPA's Enviroflash Air Quality Alert program. Idaho DEQ also
provides the daily air quality index to the public on the DEQ website
at http://www.deq.idaho.gov/air-quality/monitoring/daily-reports-and-forecasts.aspx, as well as measures that can be taken to prevent
exceedances. Therefore, we are proposing to find that the Idaho SIP
meets the requirements of CAA section 110(a)(2)(J) for public
notification for the 2015 ozone NAAQS.
Turning to the requirement in CAA section 110(a)(2)(J) that the SIP
meet the applicable requirements of part C of title I of the CAA, we
have evaluated this requirement in the context of CAA section
110(a)(2)(C) with respect to permitting. The EPA most recently approved
revisions to Idaho's PSD program on August 20, 2018 (83 FR 42033).
Please see our discussion at section 110(a)(2)(C). Therefore, we are
proposing to approve the Idaho SIP as meeting the requirements of CAA
section 110(a)(2)(J) with respect to PSD for the 2015 ozone NAAQS.
With regard to the applicable requirements for visibility
protection, the EPA recognizes that states are subject to visibility
and regional haze program requirements under part C of the CAA. In the
event of the establishment of a new NAAQS, however, the visibility and
regional haze program requirements under part C do not change. Thus, we
find that there is no new applicable requirement relating to visibility
triggered under CAA section 110(a)(2)(J) when a new NAAQS becomes
effective. Based on the above analysis, we are proposing to approve the
Idaho SIP as meeting the requirements of CAA section 110(a)(2)(J) for
the 2015 ozone NAAQS.
110(a)(2)(K): Air Quality and Modeling/Data
CAA section 110(a)(2)(K) requires that SIPs provide for (i) the
performance of air quality modeling as the Administrator may prescribe
for the purpose of predicting the effect on ambient air quality of any
emissions of any air pollutant for which the Administrator has
established a NAAQS, and (ii) the submission, upon request, of data
related to such air quality modeling to the Administrator.
State submission: The submission states that air quality modeling
is conducted during development of revisions to the SIP, as appropriate
for Idaho to demonstrate attainment with required air quality
standards. Idaho cites IDAPA 58.01.01.202.02 and IDAPA 58.01.01.402.03
which address permit to construct and Tier II operating permit
application procedures and modeling requirements for estimating ambient
concentrations, respectively. Modeling is also addressed in Idaho's
source permitting process as discussed at section 110(a)(2)(A) above.
Estimates of ambient concentrations are based on requirements specified
in 40 CFR part 51, Appendix W (Guidelines on Air Quality Models) which
is incorporated by reference at IDAPA 58.01.01.107.
EPA analysis: We most recently approved IDAPA 58.01.01.107
(incorporations by reference) on August 20, 2018 (83 FR 42033). This
rule incorporates by reference the following EPA regulations:
Requirements for Preparation, Adoption, and Submittal of Implementation
Plans, 40 CFR part 51; National Primary and Secondary Ambient Air
Quality Standards, 40 CFR part 50; Approval and Promulgation of
Implementation Plans, 40 CFR part 52; Ambient Air Monitoring Reference
and Equivalent Methods, 40 CFR part 53; and Ambient Air Quality
Surveillance, 40 CFR part 58 revised as of July 1, 2015.
Idaho's incorporation by reference of 40 CFR part 51 as of July 1,
2017 captures the EPA's recent changes to the Federal Guidelines on Air
Quality Models codified in 40 CFR part 51, appendix W (Appendix W)
(January 17, 2017, 82 FR 5182). Idaho's SIP requires modeled estimates
of ambient concentrations based on the current version of Appendix W,
consistent with the EPA's implementing regulations in 40 CFR part 51.
Therefore, we are proposing to approve the Idaho SIP as meeting the
requirements of CAA section 110(a)(2)(K) for the 2015 ozone NAAQS.
110(a)(2)(L): Permitting Fees
CAA section 110(a)(2)(L) directs SIPs to require each major
stationary source to pay permitting fees to cover the cost of
reviewing, approving, implementing and enforcing a permit.
State submission: The submission refers to IDAPA 58.01.01.387-397,
which set the requirements for the annual registration of Tier I (title
V) sources and the annual assessment and payment of fees to support the
Tier I permitting program. The EPA approved Idaho's title V permitting
program on October 4, 2001 (66 FR 50574). The submission also
references IDAPA 58.01.01.407-409 which set the requirements for Tier
II operating permit processing fees and usage.
EPA analysis: We approved Idaho's title V program on October 4,
2001 (66 FR 50574) with an effective date of November 5, 2001. While
Idaho's operating permit program is not formally approved into the
State's SIP, it is a legal mechanism the State can use to ensure that
Idaho DEQ has sufficient resources to support the air program,
consistent with the requirements of the SIP. Before the EPA can grant
full approval, a state must demonstrate the ability to collect adequate
fees. Idaho's title V program included a demonstration the State will
collect a fee from title V sources above the presumptive minimum in
accordance with 40 CFR 70.9(b)(2)(i). Idaho regulations require
permitting fees for major sources subject to new source review, as
specified at IDAPA 58.01.01.224--227. Therefore, we are proposing to
conclude that Idaho has satisfied the requirements of CAA section
110(a)(2)(L) for the 2015 ozone NAAQS.
110(a)(2)(M): Consultation/Participation by Affected Local Entities
CAA section 110(a)(2)(M) requires States to provide for
consultation and participation in SIP development by
[[Page 14073]]
local political subdivisions affected by the SIP.
State submission: The submission references IDAPA 58.01.01.209, 364
and 404 which provide for the public processes related to developing
and issuing air quality permits. In addition, the submission references
the transportation conformity consultation and public processes at
IDAPA 58.01.01.563--574. Finally, the submission references the
consultation and participation process outlined in 40 CFR 51.102,
incorporated by reference at IDAPA 58.01.01.107.
EPA analysis: The EPA most recently approved IDAPA 58.01.01.107
(incorporations by reference), which incorporates by reference EPA
regulations at 40 CFR part 51--Requirements for Preparation, Adoption,
and Submittal of Implementation Plans on August 20, 2018 (83 FR 42033).
In addition, we most recently approved Idaho permitting rules at IDAPA
58.01.01.209 and 58.01.01.404, which provide opportunity and procedures
for public comment and notice to appropriate federal, state and local
agencies, on November 26, 2010 (75 FR 47530). Finally, we approved the
State rules that define transportation conformity consultation on April
12, 2001 (66 FR 18873). Therefore, we are proposing to approve the
Idaho SIP as meeting the requirements of CAA section 110(a)(2)(M) for
the 2015 ozone NAAQS.
V. Proposed Action
The EPA is proposing to find that the Idaho SIP meets the following
CAA section 110(a)(2) infrastructure elements for the 2015 ozone NAAQS:
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M). This action is being taken under section 110 of the CAA.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because 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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 27, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-06873 Filed 4-8-19; 8:45 am]
BILLING CODE 6560-50-P
