[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Proposed Rules]
[Pages 27543-27546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11092]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0228; FRL-9910-96-Region 10]


Approval and Promulgation of Implementation Plans; Idaho Franklin 
County Portion of the Logan Nonattainment Area; Fine Particulate Matter 
Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Idaho Department of Environmental Quality (IDEQ) submitted 
a revision to the State Implementation Plan (SIP), dated

[[Page 27544]]

December 14, 2012, to address Clean Air Act (CAA or the Act) 
requirements for the Idaho portion (hereafter referred to as ``Franklin 
County'') of the cross border Logan, Utah-Idaho nonattainment area for 
the 2006 24-hour fine particulate matter (PM2.5) national 
ambient air quality standards. The EPA is proposing to approve the 
baseline emissions inventory contained in IDEQ's submittal as meeting 
the requirement to submit a comprehensive, accurate, and current 
inventory of direct PM2.5 and PM2.5 precursor 
emissions in Franklin County.

DATES: Written comments must be received on or before June 13, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2014-0228, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and 
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, 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-
2014-0228. The 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 the 
disclosure of which 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 the 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 the 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, the 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 the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
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, 
the disclosure of which is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy. 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, EPA Region 10, 1200 Sixth Avenue, 
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
[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.

Table of Contents

I. Background
    A. PM2.5 National Ambient Air Quality Standards
    B. Designation of PM2.5 Nonattainment Areas
    C. Submittal Requirements for PM2.5 Nonattainment Areas
II. Analysis of the State's Submittal
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. PM2.5 National Ambient Air Quality Standards

    Under section 109 of the CAA, the EPA establishes national ambient 
air quality standards (NAAQS or ``standards'') for certain pervasive 
air pollutants (referred to as ``criteria pollutants'') and conducts 
periodic reviews of the NAAQS to determine whether they should be 
revised or whether new NAAQS should be established.
    On July 18, 1997, the EPA revised the NAAQS for particulate matter 
to add new standards for fine particles, using PM2.5 
(particles less than or equal to 2.5 micrometers in diameter) as the 
indicator for the pollutant. The EPA established primary and secondary 
\1\ annual and 24-hour standards for PM2.5 (62 FR 38652). 
The annual standard was set at 15.0 micrograms per cubic meter ([mu]g/
m\3\), based on a 3-year average of annual mean PM2.5 
concentrations, and the 24-hour standard was set at 65 [mu]g/m\3\, 
based on the 3-year average of the 98th percentile of 24-hour 
PM2.5 concentrations at each population-oriented monitor 
within an area. On October 17, 2006 (71 FR 61144), the EPA revised the 
level of the 24-hour PM2.5 NAAQS to 35 [mu]g/m\3\, based on 
a 3-year average of the 98th percentile of 24-hour concentrations.
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    \1\ For a given air pollutant, ``primary'' national ambient air 
quality standards are those determined by the EPA as requisite to 
protect the public health, and ``secondary'' standards are those 
determined by the EPA as requisite to protect the public welfare 
from any known or anticipated adverse effects associated with the 
presence of such air pollutant in the ambient air. See CAA section 
109(b).
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B. Designation of PM2.5 Nonattainment Areas

    Effective December 14, 2009, the EPA established the initial air 
quality designations for most areas in the United States for the 2006 
24-hour PM2.5 NAAQS (74 FR 58688, November 13, 2009). Among 
the various areas designated in 2009, the EPA designated the cross 
border Logan, Utah-Idaho nonattainment area as nonattainment for the 
2006 24-hour PM2.5 NAAQS. The boundaries for these areas are 
described in 40 CFR 81.313.

C. Submittal Requirements for PM2.5 Nonattainment Areas

    Section 172(c)(3) of the CAA requires a state with an area 
designated as nonattainment to submit for EPA approval a comprehensive, 
accurate, and current inventory of actual emissions for the 
nonattainment area. The EPA's requirements for an emissions inventory 
for the PM2.5 NAAQS are set forth in 40 CFR 51.1008, 
promulgated as part of the EPA's Clean Air Fine Particle Implementation 
Rule published April 25, 2007 (72 FR 20586) (hereafter referred to as 
the ``PM2.5 implementation rule''). Although the U.S. Court 
of Appeals for the District of Columbia (D.C. Circuit) recently 
remanded the PM2.5 implementation rule and directed the EPA 
to re-promulgate it pursuant to subpart 4 of part D, title I of the CAA 
(see Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 
2013)), the court's ruling in this case does not affect the EPA's 
action on the emissions inventory. Subpart 4 of part D, title I of the 
Act contains no specific provision governing emissions inventories for

[[Page 27545]]

PM10 or PM2.5 nonattainment areas that supersedes 
the general emissions inventory requirement for all nonattainment areas 
in CAA section 172(c)(3). See ``State Implementation Plans; General 
Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990,'' (57 FR 13498, 13539, April 16, 1992). This 
proposed approval is limited to the emissions inventory for direct 
PM2.5 and PM2.5 precursors submitted by IDEQ for 
the Franklin County portion of the Logan, Utah-Idaho nonattainment area 
as required under section 172(c)(3) of the CAA.

II. Analysis of the State's Submittal

    Section 172(c)(3) of the CAA requires states to submit a 
comprehensive, accurate, and current inventory of actual emissions for 
each nonattainment area. The EPA's requirements for an emissions 
inventory for the PM2.5 NAAQS are set forth in 40 CFR 
51.1008. For the PM2.5 NAAQS, the pollutants to be 
inventoried are PM2.5 and PM2.5 precursors (i.e., 
nitrogen oxides (NOX), volatile organic compounds (VOCs), 
ammonia (NH3), and sulfur dioxide (SO2)).\2\
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    \2\ Emissions Inventory Guidance for Implementation of Ozone and 
Particulate Matter National Ambient Air Quality Standards (NAAQS) 
and Regional Haze Regulations, EPA-454/R-05-001, August 2005, 
updated November 2005. http://www.epa.gov/ttn/chief/eidocs/eiguid/eiguidfinal_nov2005.pdf.
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    The Franklin County emissions inventory provides a 2008 inventory 
in tons per day (tpd) winter-time episode estimates for 
PM2.5 and PM2.5 precursors. Monitoring data for 
Franklin County, and the overall Logan nonattainment area, indicates 
that high PM2.5 concentrations occur during the winter 
months when meteorological conditions trap pollutants in the valley. 
Therefore, the Franklin County emissions estimates reflect the winter 
stagnation episodes when secondary PM2.5 formation 
dominates. The source categories include stationary sources, area 
sources, on-road mobile sources and off-road mobile sources. A summary 
of the Franklin County emissions inventory is provided in Table 1 
below, and the detailed Franklin County emissions inventory is found in 
Appendices B and C of IDEQ's submittal.

                Table 1--Franklin County 2008 Winter Emissions Inventory in Tons per Episode Day
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         Source category               PM2.5            NOX             SO2             VOC             NH3
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Agriculture, crops, and                    0.008           0               0               2.763           4.65
 livestock......................
Gasoline, bulk, and stations....           0               0               0               0               0
Commercial cooking..............           0               0               0               0               0
Construction dust...............           0.014           0               0               0               0
Fuel combustion, industrial.....           0.006           0.087           0.061           0.001           0.002
Fuel combustion, commercial/               0.004           0.07            0.018           0.001           0
 institutional..................
Fuel combustion, residential non-          0.001           0.049           0.014           0.002           0.008
 wood...........................
Fuel combustion, residential               0.1             0.009           0.002           0.138           0
 wood...........................
Miscellaneous Commercial/                  0.001           0.001           0               0               0.008
 Industrial Processes...........
Solvent, commercial and consumer           0               0               0               0.14            0
Solvent, commercial and                    0               0               0               0.26            0
 industrial.....................
Waste disposal..................           0               0               0               0.008           0
Mobile, emissions...............           0.028           0.711           0.004           0.498           0.008
Mobile, road dust...............           0.596           0               0               0               0
Nonroad mobile..................           0.035           0.428           0.009           0.636           0
Point sources...................           0               0               0               0               0
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    Totals......................           0.793           1.355           0.108           4.447           4.676
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    The Franklin County emissions inventory includes emissions 
estimates from stationary sources, area sources, on-road mobile 
sources, and off-road mobile sources. The methodologies used to derive 
the 2008 inventory for PM2.5 are as follows:
     The stationary source emissions inventory is based on 2008 
data of actual emissions reported by all permitted facilities. In 
Franklin County there are no industrial point sources of this type.
     Area-wide source emissions were calculated based on 
reported data for fuel usage, product sales, population, employment 
data, and other parameters covering a wide range of activities, in 
conjunction with the 2008 triennial National Emissions Inventory (NEI).
     IDEQ calculated residential wood stove base year and 
subsequent emission reductions using the EPA's Woodstove Calculator and 
tax receipt information from certified woodstove change out incentive 
programs.
     The on-road emissions inventory, which consists of mobile 
sources such as trucks, automobiles, buses, and motorcycles, was 
prepared by IDEQ using the EPA's Motor Vehicle Emissions Simulator 
(MOVES2010a).
     The non-road mobile source category includes aircraft, 
trains and boats, and off-road vehicles and equipment used for 
construction, farming, commercial, industrial, and recreational 
activities. Non-road emissions were estimated by IDEQ and Utah 
Department of Air Quality using the EPA's NONROAD2008a model as 
described in Appendix B of the SIP submittal.
     Paved road emissions were estimated by IDEQ, based on the 
EPA's January 2011 version of AP-42, Section 13.2.1.
    The EPA has reviewed the results, procedures, and methodologies for 
the Franklin County emissions inventory. IDEQ used standard procedures 
to develop its emissions inventory and appropriately used seasonal 
emissions inventories to represent episodic meteorological conditions 
when PM2.5 levels are of the greatest concern. After 
reviewing the IDEQ submittal of the Franklin County emissions inventory 
and supporting documentation, the EPA is proposing to find that the 
emissions inventory meets the requirements of the CAA and the EPA's 
guidance.

III. Proposed Action

    The EPA is proposing approval of the PM2.5 and 
PM2.5 precursor emissions inventory submitted by IDEQ, dated 
December 14, 2012, for the Franklin

[[Page 27546]]

County, Idaho portion of the cross border Logan, Utah-Idaho 
nonattainment area. The EPA has determined that this action is 
consistent with sections 110 and 172(c)(3) of the CAA.

IV. 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 
action merely proposes to approve 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 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);
     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 CAA; 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, 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 the EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: April 28, 2014.
Dennis J. McLerran,
Regional Adminstrator, Region 10.
[FR Doc. 2014-11092 Filed 5-13-14; 8:45 am]
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