[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41647-41649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16760]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0388 FRL-9913-84-Region 10]


Approval and Promulgation of State Implementation Plans; Idaho: 
Portneuf Valley PM10 Maintenance Plan Amendment to the Motor 
Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a State Implementation Plan (SIP) revision 
submitted by the State of Idaho (Idaho or the State) on April 21, 2014, 
to amend the Portneuf Valley maintenance plan for particulate matter 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM10). The SIP revision updates the on-road 
motor vehicle emissions inventory and motor vehicle emissions budgets 
(MVEBs) using the EPA's Motor Vehicle Emissions Simulator (MOVES2010b) 
and the most recent road dust emission factors. This rulemaking action 
approves the SIP revision and thereby makes the MVEBs available for 
transportation conformity purposes. The EPA is approving this SIP 
revision because it is consistent with the Clean Cir Act (CAA).

DATES: This rule is effective on September 15, 2014, without further 
notice, unless the EPA receives adverse comment by August 18, 2014. If 
the 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-2014-0388, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: Karl Pepple, 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: Karl Pepple, 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-
2014-0388. 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 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 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 
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: Karl Pepple at telephone number: (206) 
553-1778, 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.

I. Background for This Action

    In 2004, Idaho requested that the EPA redesignate the Portneuf 
Valley area from nonattainment to attainment for PM10 and 
submitted a maintenance plan (2004 maintenance plan) that demonstrated 
attainment of the PM10 NAAQS through 2020. The EPA approved 
Idaho's submittal on July 13, 2006 (71 FR 39574). The 2004 maintenance 
plan included an on-road motor vehicle emissions inventory and MVEBs 
for PM10, volatile organic compounds (VOC) and nitrogen 
oxides (NOX).
    The MVEBs serve as a ceiling on emissions from an area's planned 
transportation system. Under section 176(c) of the CAA, transportation 
plans and projects must ``conform'' to (i.e., be consistent with) the 
SIP before they can be adopted or approved. Conformity to the SIP means 
that transportation activities will not cause new air quality 
violations, worsen existing air quality violations, or delay timely 
attainment of the NAAQS or delay an interim milestone. The MVEB is the 
mechanism

[[Page 41648]]

the EPA has identified for carrying out the demonstration of 
consistency with the SIP. For more information about MVEBs see the 
preamble to the November 24, 1993, transportation conformity rule (58 
FR 62188).
    In the 2004 maintenance plan, the on-road motor vehicle emissions 
inventory and MVEBs were developed using the EPA's motor vehicle 
emission factor model, MOBILE6, and paved road dust emissions factors 
calculated with the 1995 version of the EPA's AP-42, Compilation of Air 
Pollutant Emission Factors (AP-42).\1\ Throughout this document, we 
refer to the on-road vehicle emissions inventory and MVEBs in the 2004 
maintenance plan as the ``existing'' on-road vehicle emissions 
inventory and MVEBs.
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    \1\ For information on paved road dust emission factors, see AP-
42, chapter 13, section 2.1, http://www.epa.gov/ttn/chief/ap42/index.html#toc.
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    On March 2, 2010 (75 FR 9411), the EPA published a notice of 
availability of the MOVES2010 model for use in developing MVEBs for 
SIPs and for conducting transportation conformity analyses. The 
MOVES2010 model is the EPA's state of the art tool for estimating 
highway emissions. The EPA subsequently released two minor model 
revisions: MOVES2010a in September 2010, and MOVES2010b in April 2012. 
On February 4, 2011 (76 FR 6328), the EPA announced an update to the 
AP-42 method for estimating paved road dust emissions (2011 AP-42). 
MOVES2010 and the 2011 AP-42 paved road dust emissions factors are 
required to be used in new regional emissions analyses for 
transportation conformity determinations in the Portneuf Valley 
PM10 maintenance area. Idaho and the Bannock Transportation 
Planning Organization examined how the new methods would affect future 
transportation conformity determinations. Idaho opted to submit a SIP 
revision to update the existing MVEBs with MOVES2010b, the 2011 AP-42 
paved road dust emission factors, and the latest planning assumptions. 
The EPA received Idaho's SIP revision on April 21, 2014.

II. The EPA's Evaluation of Idaho's SIP Revision

    Idaho's SIP revision changed only the on-road motor vehicle 
emissions in the 2004 maintenance plan. The SIP revision updated the 
on-road vehicle emissions inventory and the MVEBs using MOVES2010b and 
the 2011 AP-42 paved road dust emissions factors and used the latest 
planning assumptions. Idaho explained that the point and area source 
emissions in the 2004 maintenance plan remained unchanged. The growth 
assumptions remained valid as did the control strategy assumptions for 
categories other than on-road vehicles. However, Idaho documented major 
changes in sand usage for wintertime antiskid treatments since the 
analysis used in the 2004 maintenance plan and this change resulted in 
a significant reduction in paved road dust emissions estimates as 
calculated using the 2011 AP-42 paved road dust method. As a result of 
the updated modeling and planning assumptions, the on-road emissions 
inventory has lower estimates for direct PM10 emissions and 
higher estimates for NOX and VOC emissions than the existing 
on-road emissions inventory did. The EPA notes that the increases in 
emissions estimates for NOX and VOC are not due to increases 
in emissions from on-road motor vehicles, but rather because MOVES2010 
provides more accurate emissions estimates than the MOBILE6 model did.
    To assess the maximum effect of the updated modeling and planning 
assumptions on net PM10 emissions in the airshed, Idaho used 
a 100% conversion rate for NOX to ammonium nitrate to 
compare the updated on-road emissions inventory to the existing MVEBs. 
Based on this analysis, the net PM10 calculated emissions 
were lower in the updated on-road emissions inventory than in the 
existing MVEBs. Although the results of the analysis showed greater 
PM10 emissions in the updated on-road emissions inventory 
from secondary particle formation than in the existing MVEBs, it showed 
lower PM10 emissions from directly emitted PM10. 
Thus, Idaho concluded that the reductions in paved road dust emissions 
estimates were greater than the increases that occurred from the 
MOBILE6 to MOVES2010b modeling changes.
    As provided for in the transportation conformity rule (40 CFR 
93.124(a)), Idaho developed updated MVEBs by adding a safety margin to 
the updated on-road emissions inventory estimates. The safety margin 
was calculated from the difference in emissions between the updated on-
road emissions inventory and the existing MVEBs.\2\ Idaho demonstrated 
that the net PM10 calculated emissions in the updated and 
existing MVEBs were equivalent. The updated MVEBs for the years 2011 
and 2020 are shown in the table below.
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    \2\ Idaho added a 3.1% safety margin to the on-road emissions 
estimates for the 2011 MVEB and a 31.5% safety margin for the 2020 
MVEB.

             Updated MVEBs for the Portneuf Valley PM10 Area
                             [Tons per year]
------------------------------------------------------------------------
                     Year                        PM10     NOX      VOC
------------------------------------------------------------------------
2011.........................................      415    1,364      903
2020.........................................      498      856      651
------------------------------------------------------------------------

    The EPA evaluated the updated on-road vehicle emission inventory 
and the MVEBs in Idaho's SIP revision and concluded that the SIP 
continues to demonstrate its purpose of maintaining the PM10 
NAAQS through the year 2020 because the total PM10 emissions 
from on-road vehicles in the SIP revision are equivalent to the total 
PM10 emissions from on-road vehicles in the 2004 maintenance 
plan.

III. Final Action

    The EPA is taking direct final action to approve the SIP revision 
submitted on April 21, 2014, by the State of Idaho to the Portneuf 
Valley PM10 Maintenance Plan. The SIP revision includes 
MVEBs that were developed with the MOVES2010b model the 2011 AP-42 
paved road dust emission factors. Upon the effective date of our 
approval, the MOBILE6-based budgets in the existing SIP will no longer 
be applicable for transportation conformity purposes.

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 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

[[Page 41649]]

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 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. The 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 15, 2014. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that the EPA 
can withdraw this direct final rule and address the comment in the 
proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxides, Particulate Matter, Reporting and 
recordkeeping requirements, and Volatile organic compounds.

    Dated: July 2, 2014.
Dennis J. McLerran,
Regional Administrator, 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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. Section 52.670 is amended in paragraph (e) by adding two entries to 
the end of the table to read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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                                        Applicable
      Name of SIP provision            geographic or          State        EPA approval date        Comments
                                    nonattainment area   submittal date
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                                                  * * * * * * *
Portneuf Valley PM10               Portneuf Valley.....         7/13/06  71 FR 39574.........  .................
 Nonattainment Area Plan
 and Maintenance Plan............
Portneuf Valley PM10 Maintenance   Portneuf Valley.....        04/21/14  07/17/14 [Insert      .................
 Plan--Revision.                                                          page number where
                                                                          the document
                                                                          begins].
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0
3. Section 52.672 is amended by adding paragraph (e)(2) to read as 
follows:


Sec.  52.672  Approval of plans.

* * * * *
    (e) * * *
    (2) The EPA approves as a revision to the Idaho State 
Implementation Plan, the Portneuf Valley PM10 Maintenance 
Plan Amendment submitted by the State on April 21, 2011, revising the 
Portneuf Valley PM10 Nonattainment Area Plan and Maintenance 
Plan that was approved at 71 FR 39574 (July 13, 2006).
* * * * *
[FR Doc. 2014-16760 Filed 7-16-14; 8:45 am]
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