[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Proposed Rules]
[Pages 44715-44722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19355]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[ID-02-003; FRL -7537-8]


Approval and Promulgation of State Implementation Plans and 
Designation of Areas for Air Quality Planning Purposes: Ada County/
Boise, ID Area

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA, Agency, or we) 
proposes to rescind its earlier finding that the PM10 
standards promulgated on July 1, 1987 and the accompanying 
nonattainment designation and classification are no longer applicable 
in the Ada County/Boise, Idaho area, and simultaneously, to approve a 
PM10 SIP maintenance plan for the Ada County/Boise Idaho 
area and to redesignate the area from nonattainment to attainment. 
PM10 air pollution is suspended particulate matter with a 
diameter less than or equal to a nominal ten micrometers.

DATES: Written comments must be received on or before August 29, 2003.

ADDRESSES: Written comments should be addressed and mailed to Donna 
Deneen, Office of Air Quality, (OAQ-107), EPA Region 10, 1200 Sixth 
Avenue, Seattle, Washington, 98101. Copies of documents relevant to 
this action are available for public review during normal business 
hours (8 a.m. to 4:30 p.m.) at this same address. Comments may also be 
submitted electronically, or through hand delivery/courier. Detailed 
instructions for submitting comments are described in the Supplementary 
Information section, under ``How can comments be made on this 
rulemaking?''

FOR FURTHER INFORMATION CONTACT: Donna Deneen, Office of Air Quality 
(OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle, Washington, 
98101, (206) 553-6706.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    1. What is the purpose of this rulemaking?
    2. What is a State Implementation Plan (SIP)?
    3. What National Ambient Air Quality Standards (NAAQS) are 
considered in today's rulemaking?
    4. What is the background information for this action?
    5. What are the air quality characteristics of the area?
    6. What criteria did EPA use to review the redesignation request 
and maintenance plan?
    7. How does the State show that the area has attained the 
PM10 NAAQS?
    8. Does the area have a fully approved nonattainment SIP?
    9. Are the improvements in air quality which warrant this 
redesignation permanent and enforceable?
    10. Has the State met all the planning requirements applicable 
to this area?
    11. How does the State meet Section 110 requirements?
    12. How does the State meet Part D requirements?
    13. How does the State meet the Section 172(c) plan provisions 
requirements?
    14. How does the State meet Subpart 4 requirements?
    15. Has the State submitted a fully approvable maintenance plan 
for the area?
    16. How has the State met the attainment year emission inventory 
requirement?
    17. How does the State demonstrate maintenance of the 
PM10 standards in the future?
    18. How will the State monitor air quality to verify continued 
attainment?
    19. What contingency measure will the State rely upon to correct 
any future violation of the NAAQS?
    20. How does this action affect Transportation Conformity?
II. How Can Comments Be Made on This Rulemaking?
III. Statutory and Executive Order Reviews

I. Background

1. What Is the Purpose of This Rulemaking?

    This rulemaking proposes to take certain actions related to the 
PM10 designation and classification of the Ada County/Boise, 
Idaho area.\1\ First, EPA is proposing to rescind the March 12, 1999 
finding (64 FR 12257) that the PM10 standards promulgated on July 1, 
1987 (52 FR 24634) and the accompanying designation and classification 
for PM10 no longer apply in the Ada County/Boise, Idaho 
area. The intended effect of this proposal is to restore the 
applicability of the current PM10 standards in the Ada 
County/Boise, Idaho area as well as the nonattainment designation and 
moderate classification associated with those standards. Secondly, EPA 
is proposing to approve the PM10

[[Page 44716]]

maintenance plan for the Ada County/Boise, Idaho area as a SIP revision 
and to redesignate the area to ``attainment'' for PM10.
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    \1\ Although the State's maintenance plan and redesignation 
request refers to ``Northern Ada County,'' we are using the term 
``Ada County/Boise, Idaho'' or ``Ada County/Boise, Idaho area'' for 
consistency with 40 CFR 81.313.
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    The proposed redesignation to attainment is based on valid 
monitoring data and projections of ambient air quality made in the 
demonstration that accompanies the maintenance plan. EPA believes the 
area will continue to meet the National Ambient Air Quality Standards 
(NAAQS) for PM10 for at least ten years beyond this 
redesignation, as required by the Act.

2. What Is a State Implementation Plan (SIP)?

    The Clean Air Act requires states to attain and maintain ambient 
air quality equal to or better than standards that provide an adequate 
margin of safety for public health and welfare. These ambient air 
quality standards are established by EPA and are known as the National 
Ambient Air Quality Standards, or NAAQS.
    The state's plans for attaining and maintaining the NAAQS are 
outlined in the State Implementation Plan (or SIP) for that state. The 
SIP is a planning document that, when implemented, is designed to 
ensure the achievement of the NAAQS. Each state currently has a SIP in 
place, and the Act requires that states make SIP revisions periodically 
as necessary to provide continued compliance with the standards.
    SIPs include, among other things, the following: (1) An inventory 
of emission sources; (2) statutes and regulations adopted by the state 
legislature and executive agencies; (3) air quality analyses that 
include demonstrations that adequate controls are in place to meet the 
NAAQS; and (4) contingency measures to take effect if an area fails to 
attain the standards or to make reasonable progress toward attainment 
by the required date.
    The state must make the SIP available for public review and comment 
through a public hearing. It also must be adopted by the state, and 
submitted to EPA by the Governor or his appointed designee. After EPA 
approves the SIP submission, the rules and regulations are rendered 
federally enforceable. The approved SIP serves as the state's plan to 
take actions that will reduce or eliminate air quality problems. Any 
subsequent revisions to the SIP must go through the formal SIP revision 
process specified in the Act.
    The Idaho Department of Environmental Quality (Idaho DEQ, the 
State, or Idaho) submitted a SIP for particulate matter in the Ada 
County/Boise, Idaho nonattainment area in three parts on November 14, 
1991, December 30, 1994, and July 13, 1995 (the 1991 PM10 
SIP) and EPA approved it on May 30, 1996. Other SIP revisions, e.g., 
state-wide revisions affecting the area, have been submitted over the 
intervening years and have likewise been approved. See 40 CFR 52.670. 
The State submitted the maintenance plan and redesignation request for 
the Ada County/Boise, Idaho area to EPA on September 27, 2002, and 
provided supplemental information on July 10, 2003 and July 21, 2003, 
as a revision to the SIP.

3. What National Ambient Air Quality Standards (NAAQS) Are Considered 
in Today's Rulemaking?

    This action by EPA pertains to Idaho's compliance with the 
PM10 NAAQS. PM10 is particulate matter with an 
aerodynamic diameter of less than ten micrometers (PM10). 
The NAAQS are national standards for certain ambient air pollutants set 
by EPA to protect public health and welfare. PM10 is among 
the ambient air pollutants for which EPA has established health-based 
standards.
    PM10 causes adverse health effects by penetrating deep 
in the lungs, aggravating the cardiopulmonary system. Children, the 
elderly, and people with asthma and heart conditions are the most 
vulnerable.
    On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for 
particulate matter with an indicator that includes only those particles 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM10). (See 40 CFR 50.6). The 24-hour primary 
PM10 standard is 150 micrograms per cubic meter (ug/
m3), with no more than one expected exceedance per year over 
a three year period. The annual primary PM10 standard is 50 
ug/m3 as an expected annual arithmetic mean over a three 
year period. The secondary PM10 standards, promulgated to protect 
against adverse welfare effects, are identical to the primary 
standards.

4. What Is the Background Information for This Action?

    On August 7, 1987 (52 FR 29383), EPA identified the Ada County/
Boise, Idaho area as a PM110 ``Group I'' area of concern, 
i.e., an area with a 95% or greater likelihood of violating the 
PM10 NAAQS and requiring substantial SIP revisions. The area 
was subsequently designated as a moderate PM10 nonattainment 
area upon enactment of the Clean Air Act Amendments of 1990 (November 
15, 1990).
    The State developed a nonattainment area SIP revision designed to 
bring about the attainment of the PM10 NAAQS. This was 
submitted to EPA in three parts on November 14, 1991, December 30, 
1994, and July 13, 1995. EPA fully approved this plan as a revision to 
the Idaho SIP in a Federal Register Notice published on May 30, 1996 
(61 FR 27019).
    On July 18, 1997 (62 FR 38856), EPA revised the NAAQS standard for 
PM10. Also, on July 18, 1997, we announced that the existing 
PM10 standards and associated designations and 
classifications would continue to apply for an interim period. In 
addition, we identified the criteria for determining that the pre-
existing PM10 NAAQS would no longer be applicable for an 
area. On March 12, 1999 (64 FR 12257), we issued final rules approving 
Idaho's request that EPA revoke the pre-existing PM10 NAAQS, 
along with the associated nonattainment designation and classification 
for the Ada County/Boise, Idaho area because it had met the criteria. 
The Environmental Defense Fund (EDF) and others filed a Petition for 
Review in the U.S. Court of Appeals for the 9th Circuit opposing the 
revocation of the existing PM10 standard in Idaho. Before 
EPA responded to the petition, in a separate legal action, the U.S. 
Court of Appeals for the District of Columbia vacated the revised 1997 
PM10 standard. American Trucking Association, et al., v. 
EPA, et al., and consolidated cases. Thus, because the pre-existing 
PM10 standards were revoked for the Ada County/Boise, Idaho 
area, and the revised 1997 PM10 standards were vacated, the 
Ada County/Boise, Idaho area was left without federally applicable 
PM10 standards. On June 26, 2000, EPA proposed to rescind 
the finding that the pre-existing PM10 standards and the 
accompanying designation and classification were no longer applicable 
in the Ada County/Boise, Idaho area. 65 FR 39321.\2\ Soon after, the 
EDF, Community Planning Association of Southwest Idaho, Idaho 
Department of Environmental Quality (Idaho DEQ) and EPA reached a 
settlement agreement that called for the submission of a maintenance 
demonstration and plan containing motor vehicle emissions budgets for 
the Ada County/Boise, Idaho area and other measures necessary to meet 
the requirements of CAA section 175A as part of a petition for 
redesignation of the area to attainment under section 107(d)(3)(E) of 
the Clean Air Act. See 66 FR 8229 (January 30, 1999). On September 27, 
2002, Idaho

[[Page 44717]]

DEQ submitted to EPA a maintenance plan and a request for redesignation 
of the area to attainment.\3\ Idaho provided supplemental information 
on July 10, 2003 and July 21, 2003.
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    \2\ EPA extended the comment period for this rulemaking on July 
26, 2000 (65 FR 45953) and later reopened the comment period on 
September 11, 2000 (65 FR 54828). EPA took final action on only the 
portion of the proposal related to the deletion of 40 CFR 50.6(d) on 
December 22, 2000. 65 FR 80779.
    \3\ Title I, section 107(d)(3)(D) of the Act and the general 
preamble to Title I, 57 FR 13498 (April 16, 1992), allow the 
Governor of a State to request the redesignation of an area from 
nonattainment to attainment.
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5. What Are the Air Quality Characteristics of the Area?

    The Ada County/Boise, Idaho area is located in the southwestern 
part of Idaho and encompasses the northern half of Ada County. For a 
legal description of the boundaries, see 40 CFR 81.313. The area 
includes the City of Boise and some, but not all, of the surrounding 
suburbs. The Boise Metropolitan Statistical Area, which includes Ada 
County and Canyon County, is currently one of the fastest growing 
metropolitan regions in the nation with a 2001 population of over 
452,000. Four additional counties make up the remainder of a larger 
region known as the Treasure Valley.
    Located in the Boise River Valley, the Ada County/Boise, Idaho area 
is prone to periods of air stagnation conditions due to atmospheric 
inversions, especially during the winter. Stagnation periods, combined 
with primary and secondary emissions of PM10, have lead to 
exceedances of the PM10 NAAQS. As a result, the maintenance 
plan submitted by the State focuses particularly on periods of air 
stagnation when high levels of PM10 in the area are most 
likely.
    Since 1991, only one exceedance of the 24-hour standard in the Ada 
County/Boise, Idaho area has been recorded. There have been six other 
exceedances, all measured in winter months and recorded in 1991 or 
earlier. There have been no exceedances of the annual PM10 
standard since the PM10 standard was promulgated in 1987.

6. What Criteria Did EPA Use To Review the Redesignation Request and 
Maintenance Plan?

    The criteria used to review the maintenance plan and redesignation 
request are derived from the Act, the General Preamble, and a policy 
and guidance memorandum from John Calcagni, September 4, 1992, 
Procedures for Processing Requests to Redesignate Areas to Attainment. 
Section 107(d)(3)(E) of the Act states that the EPA can be redesignate 
an area to attainment if the following conditions are met:
    1. The Administrator has determined the area has attained the 
NAAQS.
    2. The Administrator has fully approved the applicable 
implementation plan under Section 110(k).
    3. The Administrator has determined that the improvement in air 
quality is due to permanent and enforceable reductions in emissions.
    4. The State has met all applicable requirements for the area under 
Section 110 and Part D.
    5. The Administrator has fully approved a maintenance plan, 
including a contingency plan, for the area under Section 175A.

7. How Does the State Show That the Area Has Attained the 
PM10 NAAQS?

    Demonstrating that an area has attained the PM10 NAAQS 
involves submission of ambient air quality data from an ambient air 
monitoring network representing peak PM10 concentrations. 
The data should be stored in the EPA Air Quality System. The 24-hour 
PM10 NAAQS is 150 ug/m3. An area has attained the 
24-hour standard when the average number of expected exceedances per 
year is less than or equal to one, when averaged over a three year 
period. (40 CFR 50.6) To make this determination, three consecutive 
years of complete ambient air quality data must be collected in 
accordance with federal requirements (40 CFR part 58, including 
appendices).
    An attainment determination was made for 1999-2001 (to include the 
1999 baseline inventory year) as well as 2000-2002 (to reflect most 
recent data). The data in EPA's Air Quality System show no exceedances 
of the 24-hour PM10 standard in the Ada County/Boise, Idaho 
Area during any of those four years (1999, 2000, 2001, or 2002). 
Therefore, the average annual number of expected exceedances of the 24 
hour standard for both periods, 1999-2001 and 2000-2002 is zero. Thus, 
the Ada County/Boise, Idaho Area is in attainment with the 24-hour 
PM10 NAAQS.
    The annual PM10 NAAQS is 50 ug/m3. To 
determine attainment, the standard is compared to the expected annual 
mean, which is the average of the weighted annual mean for three 
consecutive years. The weighted annual mean for each year, 1999 through 
2002, is below 50 ug/m3 at all monitoring sites (it ranged 
from 18 ug/m3 to 34 ug/m3). Consequently the 
three year weighted annual mean is below 50 ug/m3. Thus the 
Ada County/Boise, Idaho Area is in attainment with the annual 
PM10 NAAQS.

8. Does the Area Have a Fully Approved Nonattainment SIP?

    States containing initial moderate PM10 nonattainment 
areas were required to submit a SIP by November 15, 1991, which 
implemented reasonably available control measures (RACM) by December 
10, 1993, and demonstrated attainment of the PM10 NAAQS by 
December 31, 1994. The SIP for the area must be fully approved under 
Section 110(k) of the Act, and must satisfy all requirements that apply 
to the area. On May 30, 1996, (61 FR 27019), EPA fully approved the Ada 
County/Boise, Idaho PM10 nonattainment area SIP originally 
submitted by the State on November 14, 1991, and supplemented on 
December 30, 1994 and July 13, 1995. The Part D NSR rules for 
PM10 nonattainment areas were approved on July 23, 1993 (58 
FR 39445) and amended on January 16, 2003 (68 FR 2217). The Ada County/
Boise, Idaho PM10 nonattainment SIP demonstrated attainment 
of the PM10 NAAQS by December 31, 1994. Thus, the area has a 
fully approved nonattainment SIP.

9. Are the Improvements in Air Quality Which Warrant This Redesignation 
Permanent and Enforceable?

    The State must be able to reasonably attribute the improvement in 
air quality to permanent and enforceable emission reductions. In making 
this showing, the State must demonstrate that air quality improvements 
are the result of actual enforceable emission reductions. This showing 
should consider emission rates, production capacities, and other 
related information. The analysis should assume that sources are 
operating at permitted levels (or historic peak levels) unless evidence 
is presented that such an assumption is unrealistic.
    Idaho has demonstrated that the air quality improvements in the Ada 
County/Boise, Idaho area are the result of permanent enforceable 
emission reductions and not a result of either economic trends or 
meteorology. EPA concludes that the modeling demonstration shows that 
the area will meet the NAAQS, even under worst case meteorological 
conditions. The modeling demonstration assumes emission rates 
corresponding to the control measures relied on by the 1991 
PM10 SIP for the area (which are still being implemented and 
relied on by the maintenance plan) as well as the terms and conditions 
limiting primary and secondary particulate matter emissions in newly-
issued Tier II operating permits for twelve industrial sources. EPA 
approved the control measures relied on for the 1991 PM10 
SIP as

[[Page 44718]]

meeting the enforceability requirements on September 22, 1994 and May 
30, 1996. 59 FR 48582 and 61 FR 27019. The Tier II Operating Permits 
are issued under federally-approved IDAPA 58.01.01 and are enforceable 
because they contain provisions that would result in penalties for not 
meeting the terms and conditions limiting particulate matter. 
Accordingly, Idaho can reasonably attribute improvement in air quality 
to emission reductions from these permanent and enforceable measures. 
Finally, with respect to economic trends, with the Ada County/Boise, 
Idaho area currently one of the fastest growing metropolitan regions in 
the nation, it is unlikely that air quality improvements are due to 
this factor. Even though the economic trend is positive, air quality 
improvements can still be expected because of the control measures that 
are in place in combination with motor vehicle technology improvements. 
In short, EPA believes that Idaho DEQ has demonstrated air quality 
improvements are the result of permanent enforceable emission 
reductions and not a result of economic trends or meteorological 
conditions and has met the enforceability requirements of Section 175.

10. Has the State Met All the Planning Requirements Applicable to This 
Area?

    The September 1992 Calcagni memorandum directs states to meet all 
of the applicable Section 110 and Part D planning requirements for 
redesignation purposes. Thus, EPA interprets the Act to require state 
adoption and EPA approval of the applicable programs under Section 110 
and Part D that were due prior to the submission of a redesignation 
request, before EPA may approve a redesignation request. How the State 
has met these requirements is discussed below.

11. How Does the State Meet Section 110 Requirements?

    Section 110(a)(2) of the Act contains general requirements for 
nonattainment plans. These requirements include, but are not limited 
to, submission of a SIP that has been adopted by the State after 
reasonable notice and public hearing; provisions for establishment and 
operation of appropriate apparatus, methods, systems and procedures 
necessary to monitor ambient air quality; implementation of a permit 
program; provisions for Part C--Prevention of Significant Deterioration 
(PSD) and Part D--New Source Review (NSR) permit programs; criteria for 
stationary source emission control measures, monitoring and reporting, 
provisions for modeling; and provisions for public and local agency 
participation. See the General Preamble for further explanation of 
these requirements. 57 FR 13498 (April 16, 1992).
    For purposes of redesignation, review of the Idaho SIP shows that 
the State has satisfied all requirements under the Act. Further, in 40 
CFR 52.673, EPA has approved Idaho's SIP for the attainment and 
maintenance of the national standards under Section 110.

12. How Does the State Meet Part D Requirements?

    Part D consists of general requirements applicable to all areas 
which are designated nonattainment based on a violation of the NAAQS. 
The general requirements are followed by a series of subparts specific 
to each pollutant. All PM10 nonattainment areas must meet 
the applicable general provisions of Subpart 1 and the specific 
PM10 provisions in Subpart 4, ``Additional Provisions for 
Particulate Matter Nonattainment Areas.'' The following paragraphs 
discuss these requirements as they apply to the Ada County/Boise, Idaho 
area.

13. How Does the State Meet the Section 172(c) Plan Provisions 
Requirements?

    Subpart 1, section 172(c) contains general requirements for 
nonattainment plans. A thorough discussion of these requirements may be 
found in the General Preamble. 57 FR 13538 (April 16, 1992). The 
requirements for reasonable further progress, identification of certain 
emissions increases, and other measures needed for attainment were 
satisfied with the initial attainment plan for the Ada County/Boise, 
Idaho area. The requirement for an emission inventory is satisfied by 
the completion of the inventory required for the maintenance plan. The 
requirements of the Part D New Source Review (NSR) program will be 
replaced by the Part C Prevention of Significant Deterioration (PSD) 
program for PM10 upon the effective date of this 
redesignation action. The federally-approved PSD regulations for Idaho 
can be found at IDAPA 16.01.012,07, as incorporated by reference by EPA 
on July 28, 1982 (47 FR 32531), and most recently amended on January 
16, 2003 (68 FR 2217).

14. How Does the State Meet Subpart 4 Requirements?

    Part D, Subpart 4, Section 189(a), (c) and (e) requirements apply 
to any moderate nonattainment area before the area can be redesignated 
to attainment. The requirements which were applicable prior to the 
submission of the request to redesignate the area must be fully 
approved into the SIP before redesignating the area to attainment. 
These requirements are discussed below:
    (a) Provisions to assure that RACM was implemented by December 10, 
1993;
    (b) Either a demonstration that the plan provided for attainment as 
expeditiously as practicable but not later than December 31, 1994, or a 
demonstration that attainment by that date was impracticable;
    (c) Quantitative milestones which were achieved every 3 years and 
which demonstrate reasonable further progress (RFP) toward attainment 
by December 31, 1994; and
    (d) Provisions to assure that the control requirements applicable 
to major stationary sources of PM10 also apply to major 
stationary sources of PM10 precursors, except where the 
Administrator determined that such sources do not contribute 
significantly to PM10 levels which exceed the NAAQS in the 
area.
    As previously stated, EPA approved the 1991 PM10 SIP for 
the Ada County/Boise, Idaho area containing the elements meeting 
requirements (a) through (d) above on May 30, 1996 (61 FR 27019). Other 
requirements were due at a later date.
    States with PM10 nonattainment areas were required to 
submit a permit program for the construction and operation of new and 
modified major stationary sources of PM10 by June 30, 1992. 
States also were to submit contingency measures by November 15, 1993, 
which become effective without further action by the State or EPA, upon 
a determination by EPA that the area has failed to achieve RFP or to 
attain the PM10 NAAQS by the applicable statutory deadline. 
See Sections 172(c)(9) and 189(a) and 57 FR 13543-13544.
    Idaho has presented an adequate demonstration that it has met the 
requirements applicable to the area under Section 110 and Part D. The 
Part D NSR rules for PM10 nonattainment areas in Idaho were 
approved by EPA on July 23, 1993 (58 FR 39445) and amended provisions 
were approved by EPA on January 16, 2003 (68 FR 2217). The Clean Air 
Act requires that contingency measures take effect if the area fails to 
meet reasonable further progress requirements or fails to attain the 
NAAQS by the applicable attainment date. The Ada County/Boise, Idaho 
area attained the NAAQS for PM10 by the applicable 
attainment date of December 31, 1994 (i.e., the average

[[Page 44719]]

annual number of expected exceedances of the 24-hour standard for the 
three year period 1992-1994 was less than one and the average weighted 
annual mean for the same period was below 50 ug/m3). Therefore, 
contingency measures no longer are required under Section 172(c)(9) of 
the Act. Contingency measures are also required for maintenance plans 
under Section 175A(d). Idaho has provided contingency measures in the 
maintenance plan for the Ada County/Boise, Idaho area to meet this 
requirement. The contingency measures in the maintenance plan are 
discussed below.

15. Has the State Submitted a Fully Approvable Maintenance Plan for the 
Area?

    Section 107(d)(3)(E) of the Act stipulates that for an area to be 
redesignated to attainment, EPA must fully approve a maintenance plan 
which meets the requirements of Section 175A. Section 175A defines the 
general framework of a maintenance plan, which must provide for 
maintenance, i.e., continued attainment, of the relevant NAAQS in the 
area for at least ten years after redesignation. The following is a 
list of core provisions required in an approvable maintenance plan.
    1. The State must develop an attainment emissions inventory to 
identify the level of emissions in the area which is sufficient to 
attain the NAAQS.
    2. The State must demonstrate maintenance of the NAAQS.
    3. The State must verify continued attainment through operation of 
an appropriate air quality monitoring network.
    4. The maintenance plan must include contingency provisions to 
promptly correct any violation of the NAAQS that occurs after 
redesignation of the area.
    As explained below, Idaho has complied with each of these 
requirements in the PM10 maintenance plan for the Ada 
County/Boise, Idaho area.

16. How Has the State Met the Attainment Year Emission Inventory 
Requirement?

    The State should develop an attainment year emissions inventory to 
identify the level of emissions in the area which is sufficient to 
attain the NAAQS. Where the State has made an adequate demonstration 
that air quality has improved as a result of the central measures in 
the SIP, the attainment inventory will generally be an inventory of 
actual emissions at the time the area attained the standards. This 
inventory should be consistent with EPA's most recent guidance on 
emission inventories for nonattainment areas available at the time and 
should include the emissions during the time period associated with the 
monitoring data showing attainment.
    Idaho used monitoring data from 1999, 2000, and 2001 to show 
attainment of the NAAQS. The maintenance plan includes an attainment 
year emissions inventory for 1999. The State chose 1999 for the 
attainment year inventory because, among other things, it was the most 
recent year in which an air stagnation episode occurred and for which 
inventory data was available for collection. Based on the methodologies 
used to develop the inventory and EPA's review of assumptions and 
calculations, the inventory meets the inventory requirement in section 
175a of the Act.

17. How Does the State Demonstrate Maintenance of the PM10 
Standards in the Future?

    A State may generally demonstrate maintenance of the NAAQS either 
by showing that future emissions of a pollutant or its precursors will 
not exceed the level of the attainment inventory, or by modeling to 
show that the future anticipated mix of sources and emission rates will 
not cause a violation of the NAAQS. Under the Act, PM10 
areas were required to submit modeled attainment demonstrations to show 
that proposed reductions in emissions will be sufficient to attain the 
applicable NAAQS. For these areas, the maintenance demonstration should 
be based upon the same level of modeling.
    Because of the contribution of precursors to the formation of 
PM10 in the Ada County/Boise, Idaho area, a dispersion model 
that could account for PM10 formation chemistry was 
necessary to demonstrate whether maintenance of the 24-hour standard 
would be achieved in the future. After evaluation of three different 
dispersion models, the State selected, and EPA agreed to, the selection 
of CAMx as an appropriate model to use for this projection. It was 
later shown to meet verification testing criteria.
    To demonstrate attainment, Idaho used the model with meteorological 
conditions corresponding to a period of air stagnation experienced in 
1991 in the Ada County/Boise, Idaho area. We believe that Idaho 
appropriately selected this event because it corresponded with one of 
the area's highest PM10 episodes. The meteorological 
conditions for this period, in combination with emissions projected for 
future years 2010, 2015, and 2020 (reflecting control measures approved 
under the 1991 PM10 SIP and newly issued Tier II operating 
permits for twelve industrial sources), resulted in modeling results 
showing no exceedances of the 24-hour PM10 standard of 150 
ug/m3. Thus, these results demonstrate maintenance of the 
24-hour NAAQS for PM10 in the Ada County/Boise, Idaho area 
for at least ten years after redesignation to attainment.
    For the PM10 annual standard, Idaho used a speciated 
linear rollback technique for the demonstration. This analysis 
indicates that the annual PM10 standard also is not expected 
to exceed the annual PM10 standard for at least ten years 
after redesignation to attainment.
    After review and analysis of the attainment demonstration, EPA has 
concluded that the plan is adequate to maintain the PM10 
standards for at least ten years from designation of the Ada County/
Boise, Idaho area to attainment. See the Technical Support Document 
accompanying this notice for further detail.

18. How Will the State Monitor Air Quality To Verify Continued 
Attainment?

    Once an area has been redesignated, the State must continue to 
operate an appropriate air quality monitoring network, in accordance 
with 40 CFR Part 58, to verify the attainment status of the area. The 
maintenance plan should contain provisions for continued operation of 
air quality monitors that will provide such verification. In its 
submission, Idaho DEQ commits to continue to operate and maintain the 
network of PM10 monitoring stations necessary to verify 
ongoing compliance with the PM10 NAAQS in the Ada County/
Boise, Idaho area.

19. What Contingency Measures Will the State Rely Upon to Correct Any 
Future Violation of the NAAQS?

    Section 175A of the Act also requires that a maintenance plan 
include contingency provisions, as necessary, to promptly correct any 
violation of the NAAQS that occurs after redesignation. These 
contingency measures are distinguished from those generally required 
for nonattainment areas under Section 172(c)(9), which are discussed 
above. At a minimum, the contingency measures must include a commitment 
that the State will implement all measures contained in the 
nonattainment SIP prior to redesignation.

[[Page 44720]]

    The maintenance plan explains how the contingency plan requirements 
are being met. First, the plan explains that the contingency measures 
used for meeting contingency requirements in the 1991 PM10 
SIP are being carried over to the maintenance plan. In the 1991 
PM10 SIP, these measures (the mandatory residential wood 
burning ban control measures and a fugitive road dust reduction 
agreement) qualified as contingency measures because they provided for 
more than the total contingency measure reductions necessary to 
demonstrate attainment with the NAAQS. 61 FR 27022. In the maintenance 
plan, these measures continue to provide for more than the total 
reductions necessary to demonstrate attainment with the NAAQS since 
neither the mandatory burn ban nor the fugitive road dust reduction 
agreement were relied on fully to demonstrate maintenance of the NAAQS.
    The maintenance plan also identifies a list of additional measures 
that are being developed or can be implemented in Ada and/or Canyon 
counties if there is a measured exceedance of the federal 
PM10 standards. These additional measures, which are listed 
below, are in various stages of implementation and development.\4\
---------------------------------------------------------------------------

    \4\ For the purposes of section 175A, the 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 
plan to be approved.
---------------------------------------------------------------------------

    1. Adopt local ordinances that require the covering of all loads of 
material that may have the potential to contribute to particulate 
matter pollution.
    2. Adopt local ordinances that require no track-out onto paved 
roads from sites.
    3. Adopt local ordinances that require no burning of household 
garbage.
    4. Eliminate local permits that allow any kind of uncontrolled, 
outdoor burning not specifically allowed under Idaho State law.
    5. Expand the existing Vehicle Inspection and Maintenance Program 
to include the testing of all registered vehicles in Ada County.
    6. Expand mandatory burning restrictions to include clean burning 
woodstoves during air quality alerts.
    7. Adopt local ordinances that prohibit the construction of any 
unpaved private roads, driveways or parking lots.
    See the TSD accompanying this notice for additional information on 
the status of each of the above measures.
    By carrying over all the control and contingency measures from the 
1991 PM10 SIP, the State has not removed or reduced the 
stringency of the control measures relied on to demonstrate attainment 
in the 1991 PM10 SIP. Therefore, the State meets the 
requirement to implement all measures contained in the nonattainment 
SIP prior to redesignation. In light of the control measures and 
contingency measures carried over from the 1991 PM10 SIP, 
the development and implementation of the additional measures listed 
above, and the new control measures (i.e., the Tier II operating 
permits) relied on for demonstrating maintenance of the NAAQS, we 
believe the State meets the requirements for contingency measures in 
the maintenance plan.

20. How Does This Action Affect Transportation Conformity?

    Under Section 176(c) of the Act, transportation plans, programs, 
and projects in nonattainment or maintenance areas that are funded or 
approved under the Federal Transit Act, must conform to the applicable 
SIPs. In short, a transportation plan is deemed to conform to the 
applicable SIP if the emissions resulting from implementation of that 
transportation plan are less than or equal to the motor vehicle 
emission level established in the SIP for the maintenance year and 
other analysis years.
    In this maintenance plan, procedures for estimating motor vehicle 
emissions are well documented. Accordingly, we propose to approve the 
following motor vehicle emissions budgets (MVEB) for PM10 
and its precursors for use in conformity determinations for 
PM10 on future Transportation Improvement Programs and 
Regional Transportation Plans. These mobile source emissions represent 
a combination of vehicle exhaust, tire wear, and road dust.

       Ada County/Boise, Idaho Area Motor Vehicle Emissions Budget
------------------------------------------------------------------------
                                              PM10       NOX       VOC
                   Year                      (tons/    (tons/    (tons/
                                              day)      day)      day)
------------------------------------------------------------------------
1999......................................     153.0      21.0      10.4
2010......................................     153.0      11.2       6.1
2015......................................     153.0       7.8       5.0
------------------------------------------------------------------------

    The motor vehicle emissions budget applies as a ceiling on 
emissions in the year for which it is defined, and for all subsequent 
years until another year for which a different budget is defined or 
until a SIP revision modifies the budget. Thus, the 1999 MVEB will 
apply for any conformity horizon year through 2009, and the 2010 MVEB 
will apply for any conformity horizon year from 2010 through 2014, and 
the 2015 MVEB will apply for all subsequent years. The TSD summarizes 
how the PM10 motor vehicle emissions budget meets the 
criteria contained in the conformity rule (40 CFR 93.118(e)(4)).

II. How Can Comments Be Made on This Rulemaking?

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under ID-02-003. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is available for public viewing at the Office of Air Quality (OAQ-
107), EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. A copy of 
the file, as it exists on the date of proposal, is available for public 
viewing at EPA's Idaho Operations Office at EPA Region 10, Idaho 
Operations Office, 1435 N. Orchard St., Boise, ID 83706. EPA requests 
contacting the contact listed in the ``For Further Information 
Contact'' section to schedule your inspection. EPA's official hours of 
business are Monday through Friday, 8:30 AM to 4:30 PM, excluding 
Federal Holidays.
    2. Copies of the State submission and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency. State of Idaho 
Department of Environmental Quality, 1445 North Orchard, Boise, ID 
83706-2239.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or on paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains

[[Page 44721]]

copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking ID-02-003'' in the subject line 
on the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. You may send comments by electronic mail (e-mail) to 
[email protected], please including the text ``Public comment on 
proposed rulemaking ID-2002-003'' in the subject line. EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly without going through Regulations.gov, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket.
    ii. Regulation.gov. You may use Regulation.gov as an alternative 
method to submit electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the 
``go'' button. The list of current EPA actions available for comment 
will be listed. Please follow the online instructions for submitting 
comments. The system is an ``anonymous access'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Donna Deneen, Office of Air 
Quality, (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle, 
Washington, 98101. Please include the text ``Public comment on proposed 
rulemaking ID-02-003'' in the subject line on the first page of your 
comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Donna 
Deneen, Office of Air Quality, (OAQ-107), EPA Region 10, 1200 Sixth 
Avenue, Seattle, Washington, 98101. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m. excluding Federal holidays.

C. How Should I Submit CBI to the EPA?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
to be CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). EPA will not disclose information so 
marked except in accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely

[[Page 44722]]

affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 23, 2003.
Ronald A. Kreizenbeck,
Acting Regional Administrator, EPA, Region 10.
[FR Doc. 03-19355 Filed 7-29-03; 8:45 am]
BILLING CODE 6560-50-P