[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65535-65537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27607]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2017-0170; FRL-9988-17-Region 10]
Air Plan Approval; ID, West Silver Valley PM2.5 Clean Data
Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
determination that the West Silver Valley, Idaho nonattainment area has
clean data for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS). This
clean data determination (CDD) is based upon quality-assured, quality-
controlled, and certified ambient air monitoring data showing the area
has attained the 2012 PM2.5 NAAQS based on the 2015-2017
data available in the EPA's Air Quality System (AQS) database. The EPA
also is taking final agency action on the September 2017 wildfire
exceptional event at the Pinehurst monitoring station as having
affected PM2.5 and PM10 values. Based on this
clean data determination, the EPA determines that the obligation for
Idaho to make submissions to meet certain Clean Air Act (CAA or the
Act) requirements related to attainment of the NAAQS for this area is
suspended for as long as the area continues to attain the 2012 annual
PM2.5 NAAQS. Additionally, the sanctions and Federal
Implementation Plan (FIP) clocks triggered by the March 26, 2018
Finding of Failure to Submit action will be suspended. No adverse
comments were received on this action.
DATES: This action is effective on January 22, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2017-0170. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Justin Spenillo at (206) 553-6125, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review
I. Background
On December 14, 2012, the Environmental Protection Agency (EPA)
revised the level of the primary annual PM2.5 standard,
lowering the level from 15.0 micrograms per cubic meter ([micro]g/m\3\)
to 12.0 [micro]g/m\3\. Effective April 15, 2015, the EPA made
designation determinations for the 2012 annual PM2.5
NAAQS.\1\ In that action, EPA designated the West Silver Valley area in
Shoshone County, Idaho (WSV NAA) as moderate nonattainment for the 2012
annual PM2.5 NAAQS. See 40 CFR 81.313.
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\1\ 80 FR 2206.
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On March 26, 2018, the EPA issued a finding of failure to submit
under section 110(k) of the CAA finding that several states, including
Idaho, failed to submit specific moderate area SIP elements for the
2012 annual PM2.5 NAAQS required under subpart 4 of part D
of Title I of the CAA.\2\ In particular, Idaho failed to submit the
following specific moderate area SIP elements for the WSV NAA: An
attainment demonstration; control strategies, including reasonably
available control measures (``RACM'') and reasonably available control
technologies (``RACT''); a reasonable further progress (RFP) plan;
quantitative milestones; and contingency measures. This finding
triggered the sanctions clock under Section 179 of the CAA, as well as
an obligation under Section 110(c) of the CAA for EPA to promulgate a
FIP no later than 2 years from the effective date of the finding.
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\2\ 83 FR 14759.
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On October 22, 2018 (83 FR 53201), the EPA proposed to determine,
based on the most recent 3 years (2015-2017) of valid data, that the
WSV NAA has attained the 2012 PM2.5 annual NAAQS. The EPA
also proposed to take final agency action on the September 2017
wildfire exceptional event at the Pinehurst monitoring station as
having affected PM2.5 and PM10 values on
September 4 through September 8, 2017 as described in Table 1.
Table 1--24-Hr PM2.5 and PM10 Values at the Pinehurst Monitoring Station That Meet the EPA Exceptional Event
Criteria
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24-hr PM2.5 Concentration 24-hr PM10 Concentration
Date ([micro]g/m\3\) 16-079- ([micro]g/m\3\) 16-079-
0017 POC1 0017 POC3
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9/4/2017................................................ 144.9 ..........................
9/5/2017................................................ 222.2 ..........................
9/6/2017................................................ 147.1 169.6
9/7/2017................................................ 123.8 149.8
9/8/2017................................................ 116.7 143.7
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[[Page 65536]]
Based on the clean data determination (CDD), the EPA also proposed
to determine that the obligation to submit the attainment planning
elements for the PM2.5 NAAQS are not applicable so long as
the area continues to attain the 2012 annual PM2.5 NAAQS.
Additional detail can be found in the October 22, 2018, proposed action
(83 FR 53201). Finally, the action proposed to suspend the sanctions
and FIP clocks triggered by the March 26, 2018, Finding of Failure to
Submit action.
II. Response to Comments
The comment period for the proposed action closed on November 21,
2018. The EPA received seven supportive comments regarding this action.
The EPA received no adverse comments. All comments can be found in the
docket for this action.
III. Final Action
The EPA is finalizing this action as proposed. Pursuant to 40 CFR
51.1015(a), the EPA determines that based on 3-years of certified,
valid monitoring data between 2015 and 2017, the WSV NAA has attained
the 2012 annual PM2.5 NAAQS. Pursuant to 50 CFR 50.14, the
EPA is also taking final action excluding the 2017 24-hr
PM2.5 and PM10 values listed in Table 1, above,
at the Pinehurst monitoring station because those NAAQS exceedances
were caused by a wildfire exceptional event. Pursuant to 40 CFR
51.1015(a), and based upon our determination that the WSV NAA has
attained the standard, the EPA determines that the obligation to submit
any attainment-related SIP revisions arising from classification of the
WSV NAA as a moderate nonattainment area under subpart 4 of part D, of
title I of the Act for the 2012 annual PM2.5 NAAQS is not
applicable for so long as the area continues to attain the 2012 annual
PM2.5 NAAQS. In particular, the obligation for Idaho to
submit attainment demonstrations, projected emissions inventories, RACM
(including RACT), RFP plans, motor vehicle emissions budgets,
quantitative milestones, and contingency measures for the WSV NAA are
suspended until such time as: (1) The area is redesignated to
attainment, after which such requirements are permanently discharged;
or (2) the EPA determines that the area has re-violated the
PM2.5 NAAQS, at which time the state shall submit such
attainment plan elements for the Moderate nonattainment area by a
future date to be determined by the EPA and announced through
publication in the Federal Register at the time the EPA determines the
area is violating the PM2.5 NAAQS.
Although the obligation has been suspended, this action does not
preclude Idaho from submitting, nor the EPA from acting on the
suspended attainment plan elements. As a result of this final action,
the sanctions and FIP clocks triggered by the EPA's March 26, 2018,
Finding of Failure to Submit are suspended. See 83 FR 14759.
Today's final action does not constitute a redesignation of the WSV
NAA to attainment for the 2012 annual PM2.5 NAAQS under CAA
section 107(d)(3) because we have not yet approved a maintenance plan
for WSV NAA as meeting the requirements of section 175A of the CAA or
determined that the area has met the other CAA requirements for
redesignation. The classification and designation status in 40 CFR part
81 remains Moderate nonattainment for this area until such time as the
EPA determines that Idaho has met the CAA requirements for
redesignation to attainment for the WSV NAA.
IV. Statutory and Executive Orders Review
This action finalizes a determination of attainment based on air
quality and suspends certain federal requirements, and thus will not
impose additional requirements beyond those imposed by state law. For
this reason, this final 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);
Is not expected to be an Executive Order 13771 (82 FR
9339, February 2, 2017) regulatory action because this action is not
significant under Executive Order 12866;
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, 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 and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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 February 19, 2019. 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)).
[[Page 65537]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 4, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2018-27607 Filed 12-20-18; 8:45 am]
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