[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45962-45965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18787]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0194; FRL-9709-5]


Approval and Promulgation of State Implementation Plans: Idaho; 
Boise-Northern Ada County Air Quality Maintenance Area Second 10-Year 
Carbon Monoxide Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State 
Implementation Plan (SIP) revision submitted by the State of Idaho (the 
State). The Idaho State Department of Environmental Quality (IDEQ) 
submitted the Northern Ada County Air Quality Maintenance Area Second 
10-year Carbon Monoxide Maintenance Plan on February 10, 2011. In 
accordance with the requirements of the Federal Clean Air Act (the 
Act), EPA is approving the revision because the State adequately 
demonstrates that the Boise-Northern Ada County Air Quality Maintenance 
Area will maintain air quality standards for carbon monoxide (CO) 
through the year 2022.

DATES: This rule is effective on October 1, 2012, without further 
notice, unless EPA receives adverse comment by September 4, 2012. If 
EPA receives adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2011-0194, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: John Chi, U.S. EPA Region 10, Office of Air, Waste 
and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: U.S. EPA Region 10, 1200 Sixth 
Avenue, Suite 900, Seattle, WA 98101. Attention: John Chi, Office of 
Air, Waste and Toxics, AWT--107. Such deliveries are only accepted 
during normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2011-0194. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Office of Air, Waste 
and Toxics, U.S. EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: John Chi at telephone number: (206) 
553-1230, email address: [email protected], fax number: (206) 553-0110, 
or Claudia Vergnani Vaupel at telephone number: (206) 553-6121, email 
address: [email protected], or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Information is organized 
as follows:

Table of Contents

I. What is the purpose of this action?
II. What is the background for this action?
III. How have the public and stakeholders been involved in this 
rulemaking process?
IV. Evaluation of Idaho's Submittal
V. Transportation and General Conformity
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What is the purpose of this action?

    EPA is taking direct final action to approve the second 10-year CO 
maintenance plan for the Northern Ada County, Idaho Air Quality 
Maintenance Area. The Northern Ada County Area attained the CO national 
ambient air quality standards (NAAQS) in 2002 and has not violated the 
standard since 1986. The second 10-year CO maintenance plan submitted 
by the State is designed to keep the Northern

[[Page 45963]]

Ada County Area in attainment for the CO standard for a second 10-year 
period beyond redesignation.

II. What is the background for this action?

    Under section 107(d)(1)(C) of the Act, any area designated before 
the date of enactment of the Clean Air Act Amendments of 1990 was to be 
designated upon enactment by operation of law. CO nonattainment areas 
that had not violated the CO standard in either year for the two-year 
period 1988-1989 were to be designated nonattainment and identified as 
``not classified'' nonattainment areas. Accordingly, on November 6, 
1991, the Boise-Northern Ada County Area was designated nonattainment 
for the CO NAAQS and identified as ``not-classified'' (56 FR 56746).
    On January 17, 2002, the State requested EPA redesignate the 
Northern Ada County nonattainment area to attainment and submitted a 
limited maintenance plan to demonstrate maintenance of the standard for 
a 10-year period. EPA published approval of the redesignation request 
and maintenance plan on October 28, 2002 (67 FR 65713). The State 
submitted a second 10-year maintenance plan to EPA on February 10, 
2011.
    The 8-hour CO standard is attained when the daily average 8-hour CO 
concentration of 9.0 parts per million (ppm) is not exceeded more than 
once a year. Since the redesignation of the Northern Ada County Area to 
attainment for CO on December 27, 2002, the second highest 
concentration in any calendar year measured by the EPA approved 
monitoring network was 3.3 ppm, which is less than 9.0 ppm. Therefore 
the area is attaining the CO NAAQS.
    In addition, areas that can demonstrate design values at or below 
7.65 ppm (85 percent of exceedance levels of the CO NAAQS) for 8 
consecutive quarters may use a limited maintenance plan option. The 
State has opted to develop a limited maintenance plan to fulfill the 
second 10-year maintenance plan required by the Act. The base year in 
the State's second 10-year maintenance plan is 2008, which has a design 
value of 2.9 ppm. EPA reviewed air quality monitoring data (2010-2011) 
and the 8-hour CO design value for the Northern Ada County Area is 1.6 
ppm. Thus, the area qualifies to use the limited maintenance plan 
option.

III. How have the public and stakeholders been involved in this 
rulemaking process?

    Section 110(a)(2) of the Act requires that each SIP revision be 
adopted after reasonable notice and public hearing. This must occur 
prior to the revision being submitted by a State to EPA. The State of 
Idaho held a public hearing on January 26, 2011, in Boise, Idaho. A 
notice of public hearing was published in the Idaho Statesman on 
December 27, 2010. A notice was also published in the Valley News on 
January 10, 2011. This SIP revision became State effective on February 
10, 2011, and was submitted by the Governor's designee to the EPA on 
February 10, 2011. EPA has evaluated the State's submittal and 
determined that the State met the requirements for reasonable notice 
and public hearing under section 110(a)(2) of the Act.

IV. Evaluation of Idaho's Submittal

    EPA has reviewed the Northern Ada County second 10-year CO 
maintenance plan and concludes that the submittal meets the 
requirements of section 175A(b) of the Act. The following is a summary 
of the requirements and EPA's evaluation of how each requirement is 
met.

A. Base Year Emissions Inventory

    The plan must contain an attainment year emissions inventory to 
identify a level of emissions in the area which is sufficient to attain 
the CO NAAQS. The Northern Ada County second 10-year CO maintenance 
plan contains an emissions inventory for the base year 2008 that is 
consistent with EPA's most recent guidance on maintenance plan emission 
inventories. The emissions inventory is a list, by source, of the air 
contaminants directly emitted into the Northern Ada County CO Area. The 
data in the emissions inventory is based on calculations and is 
developed using emission factors, which is a method for converting 
source activity levels into an estimate of emissions contributions for 
those sources. Because violations of the CO NAAQS are most like to 
occur on winter weekdays, the inventory prepared is in a ``typical 
winter day'' format. The table below shows the tons of CO emitted per 
winter day in 2008 by source category.

              2008 Average Winter Day CO Emission Inventory
------------------------------------------------------------------------
                                                           CO Emissions
                  Main source category                       tons per
                                                            winter day
------------------------------------------------------------------------
Point Sources...........................................             0.5
Major Point Sources w/in 25 miles.......................             4.2
Onroad Mobile Sources...................................           146.1
Non-road Mobile Sources.................................            62.5
Area Sources............................................            49.7
Biogenic................................................             1.5
                                                         ---------------
    Total...............................................           264.5
------------------------------------------------------------------------

B. Demonstration of Maintenance

    The maintenance plan demonstration requirement is considered to be 
satisfied for areas using the limited maintenance plan option, which 
are required to demonstrate design values at or below 7.65 ppm (85 
percent of exceedance levels of the CO NAAQS) for 8 consecutive 
quarters. The State has opted to develop a limited maintenance plan to 
fulfill the Northern Ada County Area second 10-year maintenance plam 
required by the Act.
    With the limited maintenance plan option, there is no requirement 
to project emissions of air quality over the maintenance period. EPA 
believes that if the area begins the maintenance period at, or below, 
85 percent of the level of the CO 8-hour NAAQS, the applicability of 
prevention of significant deterioration requirements, the control 
measures already in the SIP, and Federal measures, should provide 
adequate assurance of maintenance over the 10-year maintenance period. 
The last monitored violation of the CO NAAQS in the Northern Ada County 
Area occurred in 1986, the last exceedance was in January 1991, and the 
monitored CO levels have been steadily in decline ever since. The 8-
hour CO design value for Northern Ada County is 1.6 ppm based on 2010-
2011 data, which is below the limited maintenance plan requirement of 
7.65 ppm. Therefore, the Northern Ada County Area has adequately 
demonstrated that it will maintain the CO NAAQS into the future.

C. Monitoring Network and Verification of Continued Attainment

    To verify the attainment status of the area over the maintenance 
period, the maintenance plan should contain provisions for continued 
operation of an appropriate, EPA-approved monitoring network in 
accordance with 40 CFR part 58. The State has an approved monitoring 
network that includes the Northern Ada County Area. The monitoring 
network was most recently approved by EPA on September 6, 2011.

[[Page 45964]]

In the Northern Ada County second 10-year CO maintenance plan, IDEQ 
commits to verify continued attainment through the EPA-approved 
monitoring network in accordance with 40 CFR part 58.

D. Contingency Plan

    Section 175A(d) of the Act requires that a maintenance plan include 
contingency provisions. The Northern Ada County second 10-year CO 
limited maintenance plan contains a contingency plan that would 
institute an oxygenated fuels program or another equivalent CO 
reduction measure based on the EPA's guidance and recommendations. The 
contingency plan is triggered either when an exceedance of the 8 hour 
CO standard is recorded on any monitor, or when a monitor records non-
overlapping 8 hour CO concentrations of 8 ppm on 4 or more days within 
a single winter season within the nonattainment area. EPA finds that 
the contingency measures provided in the maintenance plan are adequate 
to ensure prompt correction of a violation.

V. Transportation and General Conformity

    Transportation conformity is required by section 176(c) of the Act. 
EPA's conformity rule requires that transportation plans, programs, and 
projects that are funded under 23 U.S.C. or the Federal Transit Act 
conform to SIPs. Conformity to a SIP means that transportation 
activities will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS.
    The transportation conformity rule (40 CFR parts 51 and 93) and the 
general conformity rule (40 CFR parts 51 and 93) apply to nonattainment 
areas and maintenance areas covered by an approved maintenance plan. 
Under either conformity rule, an acceptable method of demonstrating 
that a Federal action conforms to the applicable SIP is to demonstrate 
that expected emissions from the planned action are consistent with the 
emissions budget for the area.
    While EPA's limited maintenance plan option does not exempt an area 
from the need to affirm conformity, it explains that the area may 
demonstrate conformity without submitting an emissions budget. Under 
the limited maintenance plan option, emissions budgets are treated as 
essentially not constraining for the length of the maintenance period 
because it is unreasonable to expect that the qualifying areas would 
experience so much growth in that period that a violation of the CO 
NAAQS would result. Similarly, Federal actions subject to the general 
conformity rule could be considered to satisfy the ``budget test'' 
specified in section 93.158(a)(5)(i)(A) for the same reasons that the 
budgets are essentially considered to be unlimited.
    While areas with maintenance plans approved under the limited 
maintenance plan option are not subject to the budget test, the areas 
remain subject to other transportation conformity requirements of 40 
CFR part 93, subpart A. Thus, the metropolitan planning organization 
(MPO) in the area or the State must document and ensure that:
    a. Transportation plans and projects provide for timely 
implementation of SIP transportation control measures in accordance 
with 40 CFR 93.113;
    b. Transportation plans and projects comply with the fiscal 
constraint element per 40 CFR 93.108;
    c. The MPO's interagency consultation procedures meet applicable 
requirements of 40 CFR 93.105;
    d. Conformity of transportation plans is determined no less 
frequently than every four years, and conformity of plan amendments and 
transportation projects is demonstrated in accordance with the timing 
requirements specified in 40 CFR 93.104;
    e. The latest planning assumptions and emissions model are used as 
set forth in 40 CFR 93.110 and 40 CFR 93.111;
    f. Projects do not cause or contribute to any new localized CO or 
particulate matter violations, in accordance with procedures specified 
in 40 CFR 93.123; and
    g. Project sponsors and/or operators provide written commitments as 
specified in 40 CFR 93.125.
    The lead transportation agency in Northern Ada County is the 
Community Planning Association of Southwest Idaho (COMPASS), the MPO. 
COMPASS oversees transportation conformity determinations of the 
Interagency Consultation Committee established in Idaho Administrative 
Rule IDAPA 58.01.01.567, which includes IDEQ, the Idaho Transportation 
Department, the Federal Highway Administration, Ada County Highway 
District, the City of Boise, Valley Regional Transit, and the EPA; as 
specified under 40 CFR part 93. Northern Ada County is currently 
meeting the requirements under 40 CFR part 93, subpart A.

VI. Final Action

    In accordance with the requirements of the Act, EPA is approving 
this revision to the SIP because the State adequately demonstrates that 
the Northern Ada County Air Quality Maintenance Area will maintain air 
quality standards for CO through the year 2022. EPA is publishing this 
action without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to approve the SIP revision should adverse comments be 
filed. This rule will be effective October 1, 2012 without further 
notice unless the Agency receives adverse comments by September 4, 
2012.
    If EPA receives such comments, then EPA will publish a timely 
withdrawal of the direct final rule informing the public that the rule 
will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period on this rule. Any 
parties interested in commenting on this rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on October 1, 2012 and no further action will be 
taken on the proposed rule.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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);

[[Page 45965]]

     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 1, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 23, 2012.
Dennis J. McLerran,
Regional Administrator EPA Region 10.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart N--Idaho

0
2. Amend the table in Sec.  52.670(e) entitled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures'' by adding an 
entry to the end to read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                       Applicable
      Name of SIP provision          geographic or          State       EPA approval date         Comments
                                   nonattainment area  submittal date
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                                                  * * * * * * *
Northern Ada County Air Quality   State-wide.........         2/10/11  8/2/12 [Insert page
 Maintenance Area Second 10-year                                        number where the
 Carbon Monoxide Limited                                                document begins].
 Maintenance Plan.
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0
3. Amend Sec.  52.672 by adding paragraph (a)(2) to read as follows:


Sec.  52.672  Approval of plans.

    (a) * * *
    (2) EPA approves as a revision to the Idaho State Implementation 
Plan, the Northern Ada County Air Quality Maintenance Area Second 10-
year Carbon Monoxide Limited Maintenance Plan submitted by the State on 
February 10, 2011.
* * * * *
[FR Doc. 2012-18787 Filed 8-1-12; 8:45 am]
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