[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Proposed Rules]
[Pages 25208-25211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11226]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0067; FRL-9962-99-Region 10]


Air Plan Approvals, Idaho: Logan Utah/Idaho PM2.5 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; supplemental.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to Idaho's State Implementation Plan (SIP) submitted 
in 2012 and 2014 to address Clean Air Act (CAA) requirements for the 
Idaho portion of the Logan, Utah-Idaho fine particulate matter 
(PM2.5) nonattainment area (Logan UT-ID area). Based on 
newly available air quality monitoring data, the EPA is proposing to 
approve Idaho's attainment demonstration and approve Idaho's 2014 Motor 
Vehicle Emissions Budgets (MVEBs) as early progress budgets. 
Additionally, the EPA is proposing to conditionally approve Reasonable 
Further Progress (RFP), Quantitative Milestones (QMs), and revised 
MVEBs for the Idaho portion of the nonattainment area, based on Idaho's 
commitment to adopt and submit updates to these attainment plan 
elements within one year of the effective date of our final action.

DATES: Written comments must be received on or before July 3, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0067 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information, the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 
1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206) 
553-0256; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Proposed Action
III. Statutory and Executive Orders Review

I. Background

    On October 17, 2006, the EPA strengthened the 24-hour 
PM2.5 National Ambient Air Quality Standards (NAAQS) by 
lowering the numerical level of the NAAQS to 35 [micro]g/m\3\ (71 FR 
61144). Following promulgation of a new or revised NAAQS, the EPA is 
required by the CAA to promulgate designations for areas throughout the 
United States in accordance with section 107(d) of the CAA. On November 
13, 2009, the EPA designated a portion of Franklin County, Idaho as 
part of the cross-boundary Logan UT-ID area for the 2006 24-hour 
PM2.5 NAAQS. This designation requires Idaho to prepare and 
submit an attainment plan for the Idaho portion of the nonattainment 
area meeting applicable statutory and regulatory requirements and 
providing for attainment of the 2006 24-hour PM2.5 NAAQS in 
the Logan UT-ID area (74 FR 58688). On December 14, 2012, the Idaho 
Department of Environmental Quality (IDEQ) submitted an attainment plan 
SIP submission developed to address attainment planning requirements 
for the Idaho portion of the Logan UT-ID area for the 2006 24-hour 
PM2.5 NAAQS. On December 24, 2014, the IDEQ submitted a 
supplement to the 2012 SIP submission that included revised attainment 
demonstration modeling intended to show that the area would meet the 
December 31, 2015 attainment date specified in subpart 4, part D of 
title I of the CAA. The 2012 SIP submittal and 2014 amendment are 
hereinafter referred to as the Idaho attainment plan.
    In a proposed rulemaking published October 27, 2016, the EPA 
proposed a partial approval and partial disapproval of the Idaho 
attainment plan with regard to specific requirements for attainment 
plans for the 2006 24-hour PM2.5 NAAQS. Specifically, the 
EPA proposed to approve Idaho's woodstove

[[Page 25209]]

curtailment ordinances, burn bans, heating device restrictions, and 
woodstove change-out programs included in the Idaho attainment plan as 
meeting Reasonably Available Control Measures and Reasonably Available 
Control Technology (RACM/RACT) requirements for the Idaho portion of 
the Logan, UT-ID area (81 FR 74741). The EPA proposed to disapprove the 
attainment demonstration, contingency measures, RFP, QM, and MVEB 
elements of the Idaho attainment plan for the Idaho portion of the 
area. On January 4, 2017, the EPA finalized the approval of the RACM/
RACT measures, finalized the disapproval of the contingency measures, 
and deferred action on the SIP submissions with respect to the 
attainment demonstration, RFP, QM, and MVEB requirements (82 FR 732). 
These deferred attainment plan elements are addressed in this proposed 
action.
    In a separate proposed action published December 16, 2016, 
pertaining to whether the Logan, UT-ID area attained the 2006 24-hour 
PM2.5 NAAQS, the EPA stated that the Logan, Utah Federal 
Reference Method (FRM) monitor relied upon for determining compliance 
with the PM2.5 NAAQS did not have fully complete and valid 
2015 data in accordance with 40 CFR part 58 (81 FR 91088). Based upon 
that incomplete data, the EPA proposed to determine that the area had 
failed to attain the NAAQS by December 31, 2015. However, since that 
time, the State of Utah and the EPA have examined data from the co-
located Federal Equivalent Method (FEM) continuous PM2.5 
monitor in Logan, Utah, and the EPA has determined that data from this 
FEM monitor can be used to substitute for days without valid data at 
the FRM monitor in order to create a valid and complete data set for 
2015.\1\ This data, which is available in the docket, shows a 98th 
percentile value of 29 [micro]g/m\3\ for 2015, meeting the ``clean 
data'' criterion for a 1-year attainment date extension.\2\ IDEQ 
requested that the EPA use the discretion allowed under CAA section 
188(d) to grant a 1-year extension of the Moderate area attainment date 
for the Logan, UT-ID area, from December 31, 2015 to December 31, 2016, 
and requested a second 1-year extension based on 2016 monitoring 
data.\3\ The State of Utah also requested two 1-year extensions of the 
Moderate area attainment date based on the validated 2015 air quality 
monitoring data and the newly available 2016 data.\4\ The EPA will act 
separately on the 1-year extension requests.
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    \1\ See Memorandum from Joshua Rickard, ``Logan Utah 
PM2.5 2015 Design Value,'' May 8, 2017.
    \2\ See spreadsheet referred to in memorandum. This criterion is 
set forth in 40 CFR 51.1005(a)(ii).
    \3\ See letters dated December 15, 2015, February 26, 2016, and 
April 25, 2017.
    \4\ See letters dated May 1, 2017 and May 2, 2017.
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    The EPA's evaluation of the additional data now available for 
calendar year 2015 at the Logan, Utah monitors also affects the 
agency's prior evaluation of the Idaho attainment plan. Additionally, 
in a letter dated April 25, 2017, IDEQ committed to revising the Idaho 
attainment plan to address RFP, QM, and MVEB requirements by August 1, 
2018. Based upon our evaluation of these two factors, the EPA is 
issuing this supplemental proposal to explain and take comment upon its 
revised analysis of Idaho's SIP submissions.

A. Attainment Demonstration

    A key factor in our October 27, 2016 proposed disapproval of 
Idaho's attainment demonstration was that the 2013-2015 design value 
exceeded the level of the 2006 24-hour PM2.5 NAAQS and air 
quality data available at that time was not available to establish that 
the 2015 98th percentile was below the standard, as necessary to 
qualify for a potential 1-year attainment date extension. Therefore, 
the EPA proposed to disapprove the modeled attainment demonstration 
portion of the Idaho attainment plan which indicated that the Logan, 
UT-ID area would attain the NAAQS by the December 31, 2015 attainment 
date (81 FR 74741, at page 74744).
    The EPA's subsequent evaluation of the monitoring data indicates 
that the Logan, UT-ID area did meet the numerical level of the 24-hour 
PM2.5 NAAQS in 2015, as projected in the modeled attainment 
demonstration portion of the Idaho attainment plan. The fact that the 
monitoring data confirms the State's projections in the attainment 
demonstration affects the EPA's evaluation of the attainment 
demonstration and supports a proposed approval rather than prior 
proposed disapproval.
    In particular, the EPA's August 24, 2016, Fine Particulate Matter 
National Ambient Air Quality Standards: State Implementation Plan 
Requirements, Final Rule (PM2.5 SIP Requirements Rule) 
provides that a state's modeled attainment demonstration needs to 
establish that an area will attain the NAAQS by the projected 
attainment date, but for purposes of modeling a state may elect to 
demonstrate that the area will meet the numerical level of the NAAQS 
the final year (81 FR 58010, at page 58054). The EPA authorizes this 
approach because of the potential availability of extensions of the 
attainment date under relevant provisions of the CAA. In other words, 
if ambient data show attainment-level concentrations in the final 
statutory attainment year, a state may be eligible for up to two 1-year 
extensions of the attainment date. See 40 CFR 51.1005. Using this 
provision, a state may be able to attain the NAAQS by the extended 
attainment date, even if the measured design value for an area does not 
meet the NAAQS by the end of the 6th calendar year after designation. 
For this reason, the EPA's PM2.5 SIP Requirements Rule 
indicates that it is acceptable for a state to model air quality levels 
for the final statutory attainment year in which the area is required 
to attain the standard (in this case 2015).
    In the Logan UT-ID area, both measured and modeled PM2.5 
concentrations in 2015 were consistent with meeting the numerical level 
of the NAAQS in both Utah and Idaho.\5\ The EPA is therefore proposing 
to approve the attainment demonstration portion of the Idaho attainment 
plan on the basis that the attainment-level concentrations modeled for 
this area (based on the Idaho, Utah, and federal control measures 
already in place) are consistent with the updated 2015 monitoring data 
for the nonattainment area. We also note that the joint Idaho and Utah 
modeling included in Appendix D of the Idaho attainment plan followed 
applicable EPA modeling guidance in predicting that existing state and 
federal control measures to address motor vehicle, wood stove, and 
other emission sources would bring PM2.5 concentrations 
below 35 [micro]g/m\3\ by 2015 in the Logan, UT-ID area. Because there 
is now valid and complete 2015 data confirming the projected modeling 
concentrations in Idaho's modeled attainment demonstration, the EPA is 
proposing to approve IDEQ's attainment demonstration.
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    \5\ The Franklin County, Idaho monitor recorded a valid 2015 
98th percentile of 18.8 [micro]g/m\3\. See https://www.epa.gov/air-trends/air-quality-design-values#report.
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 B. RFP, QMs, and MVEBs

    In our October 27, 2016 action, the EPA proposed to disapprove the 
Idaho attainment plan with respect to the RFP and QM requirements for 
the 2006 24-hour PM2.5 NAAQS. The Idaho attainment plan did 
not address these attainment plan elements consistent with current 
requirements because it did not include QMs and did not

[[Page 25210]]

include any RFP analysis or plan, other than the modeling demonstration 
showing attainment by 2015 due to the control measures already in 
place. We noted, however, that, ``[i]f properly accounted for and 
specified in the SIP submittal, such reductions might be sufficient to 
provide the necessary demonstration of RFP for use in a quantitative 
milestones report.'' See 81 FR 74741, at page 74748. In addition, the 
EPA proposed to disapprove the MVEBs because at the time that notice 
was issued, air quality data indicated the area was not attaining the 
standard, and therefore MVEBs could not be considered consistent with 
the applicable requirements for reasonable further progress and 
attainment. See 40 CFR 93.118(e).
    Following the October 27, 2016 proposed disapproval of the Idaho 
attainment plan, there have been two significant developments. First, 
the EPA has now evaluated additional monitoring data indicating that 
the Logan, UT-ID area met the numerical level of the 2006 24-hour 
PM2.5 NAAQS in 2015. This fact affects the EPA's evaluation 
of the RFP, QM, and MVEB elements of the SIP submissions. Second, based 
on further evaluation of the issues, in an April 25, 2017 letter, the 
State of Idaho committed to make a SIP submission that will further 
address the RFP, QM, and MVEB requirements. Because the State has 
committed to address these requirements within one year in specific 
ways that the EPA considers appropriate, the EPA is now proposing a 
conditional approval of the Idaho attainment plan with respect to these 
requirements. Under section 110(k)(4) of the CAA, the EPA has authority 
to approve a SIP submission conditionally when a state commits to 
revise the submission to adopt specific enforceable measures by a date 
certain, but not later than one year after approval of the plan.
    As discussed in the 2016 PM2.5 SIP Requirements Rule, a 
state's attainment plan SIP submission must include an RFP plan or 
analysis that includes three components: (1) An implementation schedule 
for control measures on sources in the nonattainment area, (2) RFP 
projected emissions for each applicable quantitative milestone year, 
including emissions reductions, based on the anticipated control 
measure implementation schedule; and (3) an analysis that demonstrates 
that this schedule of aggregate emissions reductions achieves 
sufficient progress toward attainment between the applicable baseline 
year to the attainment year. In a letter dated April 25, 2017, Idaho 
committed to address the required elements discussed above. 
Specifically, the April 25, 2017 commitment letter contains an 
implementation schedule for control measures on sources in the 
nonattainment area and projected emissions reductions resulting from 
that implementation schedule. Accordingly, Idaho committed in the April 
25, 2017 letter to make a SIP submission that will include an RFP plan 
or analysis that will explain how the existing measures meet the annual 
RFP requirement and include appropriate QMs for the purposes of 
establishing that the RFP requirement is met, consistent with subpart 4 
requirements.
    In our October 27, 2016 proposal, the EPA noted that Idaho relied 
on the control measures included in the Idaho attainment plan and 
already approved into the SIP, in addition to the Utah control measures 
and ongoing motor vehicle fleet turnover with cleaner cars, to provide 
the emissions reductions projected to bring the area into attainment by 
2015. In particular, IDEQ's modeling used the EPA's Motor Vehicle 
Emission Simulator (MOVES2010a) model to project emissions reductions 
of 43% NOX and 37% VOC between a baseline year of 2008 and 
the end of 2014. Idaho indicated that these projected reductions, 
primarily from ongoing motor vehicle fleet turnover of Idaho vehicles, 
would be expected to provide large and generally linear emissions 
reductions.\6\ Idaho regulates both NOX and VOC as 
precursors for purposes of the 2006 24-hour PM2.5 NAAQS in 
the Logan, UT-ID area, so these reductions are appropriate for purposes 
of the RFP requirement.
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    \6\ See section 5.5.2 of Idaho's 2012 SIP revision.
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    We noted in the proposal that, ``[i]f properly accounted for and 
specified in the SIP submittal, such reductions might be sufficient to 
provide the necessary demonstration of RFP for use in a quantitative 
milestones report.'' See 81 FR 74741, at page 74748. In response, Idaho 
included the following information in the April 25, 2017 commitment 
letter: The woodstove curtailment and burn ban ordinances were adopted 
and in place during the summer and fall of 2012, with estimated 
emission reductions of 0.06 tons per winter day (tpwd) direct 
PM2.5, 0.009 tpwd nitrogen oxides (NOX), and 
0.078 tpwd volatile organic compounds (VOC). The woodstove change-out 
programs conducted in 2006-2007, 2011-2012, and 2013-2014 had already 
commenced and achieved sustained and quantifiable emission reductions 
of 8.04 tons per year (tpy) PM2.5, 0.47 tpy NOX, 
and 18.57 tpy VOC. In addition, the IDEQ negotiated road sanding 
agreements effective July 16, 2012 and October 25, 2012, with 
quantified emissions reductions of 0.10 tpwd direct PM2.5 in 
reentrained road dust emissions.\7\ Again, each of these measures are 
projected to attain quantifiable reductions of emissions of the 
relevant pollutants in the Idaho portion of the Logan, UT-ID area that 
Idaho could thus use to show reasonable progress towards attainment by 
2015, and Idaho could use documentation of the implementation of these 
measures to meet the QM requirement, e.g., the QM for the first 3-year 
quantitative milestone period from 2014 to 2017.
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    \7\ See 2012 SIP submission, Appendix C, Road Dust 
Documentation.
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    With respect to QMs, the 2016 PM2.5 SIP Requirements 
Rule requires that the attainment plan contain quantitative milestones 
to be achieved by the milestone dates that provide for objective 
evaluation of reasonable further progress toward timely attainment. For 
a Moderate area plan such as that at issue in this proposed action, 
quantitative milestones are required for years 4.5 (year 2014) and 7.5 
(year 2017) after the December 2009 effective date of designation. The 
2016 PM2.5 SIP Requirements Rule states that the 
quantitative milestones contained in the attainment plan for a Moderate 
nonattainment area should be constructed such that they can be tracked, 
quantified and/or measured adequately in order for a state to meet its 
milestone reporting obligations, which are due 90 days after a given 
milestone date. The EPA suggested possible metrics that ``support and 
demonstrate how the overall quantitative milestones identified for an 
area may be met, such as percent implementation of control strategies, 
percent compliance with implemented control measures, and adherence to 
a compliance schedule.'' This list was not exclusive or exhaustive but 
reflected the EPA's view that the purpose of the quantitative milestone 
requirement is to provide an objective way to determine whether the 
area is making the necessary progress towards attainment by the 
applicable attainment date, i.e., to verify that the separate RFP 
requirement is met.
    Idaho's April 25, 2017 commitment letter describes Idaho's plan for 
making a SIP submission that will include QMs in the attainment plan 
for the Logan, UT-ID area. This commitment presents Idaho's approach 
for revising the attainment plan to include a detailed implementation 
schedule, estimated

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emissions reductions, and potential 2017 QM reporting metrics for the 
control measures discussed above, including wood stove and open burning 
curtailment days, wood stove change-outs, and road sanding agreements. 
Idaho's proposed QMs are consistent with EPA's suggested metrics and 
will provide an objective way to determine whether the area is making 
necessary progress towards attainment. Therefore, the commitment letter 
demonstrates that the State will, within one year of EPA's 
finalization, revise the Idaho attainment plan to satisfy the QM 
requirement.\8\
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    \8\ Our confidence in Idaho's ability to expeditiously revise 
the Idaho attainment plan to include valid QMs is bolstered by the 
information the State submitted in a February 26, 2016 letter. 
Specifically, the February 26, 2016 letter provides a list of all 
woodstove and open burning curtailment days that have occurred in 
the Idaho portion of the Logan, UT-ID area since the program was 
established, along with the public outreach materials and criteria 
used in forecasting curtailment days. The letter also gives a 
listing of all woodstove change-outs conducted in the area to date 
and quantifies the estimated emission reductions achieved through 
those change-outs since 2006. Lastly, the letter details compliance 
with the road sanding agreements documenting the amount of sand and 
salt used by Franklin County Road and Bridge verifying that the 
local agency has met its obligations since these agreements were put 
in place in 2012.
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    Lastly, with respect to MVEBs, Idaho calculated projected 2014 
emission budgets based on the former subpart 1 attainment deadline of 
December 2014. On April 25, 2017, Idaho requested that the EPA approve 
the submitted 2014 MVEBs as early progress budgets.\9\ We have 
concluded that the submitted budgets are consistent with making 
progress toward attaining the 2006 PM2.5 NAAQS by December 
31, 2015, because the budgets show reduced emissions from the motor 
vehicle sector over time. Therefore, we are proposing approval of the 
submitted 2014 MVEBs as early progress budgets. We are also proposing 
to conditionally approve Idaho's commitment to submit MVEBs for the 
2015 attainment year.
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    \9\ Early progress budgets for PM2.5 areas were 
discussed in the July 1, 2004 transportation conformity final rule. 
(See 69 FR 40030-1.)
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II. Proposed Action

    For the reasons discussed above, the EPA is proposing to approve 
the attainment demonstration in the Idaho attainment plan for the Idaho 
portion of the Logan UT-ID area. The EPA is also proposing to approve 
the 2014 MVEBs as early progress budgets, in that they are consistent 
with making progress toward attainment of the 2006 PM2.5 
NAAQS by December 31, 2015. Lastly, the EPA is proposing to 
conditionally approve RFP, QMs, and revised MVEBs in the Idaho 
attainment plan, based on IDEQ's April 25, 2017 commitment to adopt and 
submit updated plan elements to meet these requirements. Under a 
conditional approval, the State must adopt and submit the specific 
revisions it has committed to by a date certain but not later than 
within one year of the EPA's finalization.\10\ If the EPA fully 
approves the submittal of the revisions specified in the commitment 
letter, the conditional nature of the approval would be removed and the 
submittal would become fully approved. If the State does not submit 
these revisions by a date certain within one year of final action, or 
if the EPA finds the State's revisions to be incomplete, or EPA 
disapproves the State's revisions, a conditional approval will convert 
to a disapproval. If any of these occur and the EPA's conditional 
approval converts to a disapproval, that will constitute a disapproval 
of a required plan element under part D of title I of the Act, which 
starts an 18-month clock for sanctions, see section 179(a)(2), and the 
two-year clock for a Federal Implementation Plan (FIP), see CAA section 
110(c)(1)(B).
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    \10\ In IDEQ's April 25, 2017 commitment letter, IDEQ committed 
to a date certain to submit revisions by August 1, 2018, which we 
anticipate will be within one year of the effective date of final 
action.
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III. Statutory and Executive Orders Review

    Under the CAA, 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, 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 action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 this action does not involve technical standards; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 15, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-11226 Filed 5-31-17; 8:45 am]
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