[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Rules and Regulations]
[Pages 27532-27534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10633]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R10-OAR-2020-0190; FRL-10023-66-Region 10]


Air Plan Approval; ID: Logan Utah-Idaho PM2.5 Redesignation to 
Attainment and Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating the 
Idaho portion of the Logan, Utah-Idaho fine particulate matter 
(PM2.5) nonattainment area (Logan UT-ID NAA) to attainment 
for the 2006 PM2.5 National Ambient Air Quality Standard 
(NAAQS). EPA is also approving a maintenance plan for the area 
demonstrating continued compliance with the 2006 PM2.5 NAAQS 
through 2031, which the Idaho Department of Environmental Quality 
(IDEQ) submitted along with the redesignation request on September 13, 
2019, for inclusion in the Idaho State Implementation Plan (SIP). 
Additionally, EPA is approving the 2031 motor vehicle emissions budgets 
included in Idaho's maintenance plan for PM2.5, nitrogen 
oxides (NOX) and volatile organic compounds (VOC). EPA is 
taking this final action pursuant to the Clean Air Act (CAA or the 
Act).

DATES: This rule is effective on June 21, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2020-0190. 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., 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 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: Adam Clark, (206) 553-1495, 
[email protected], EPA Region 10, 1200 6th Avenue, Suite 155, Seattle, 
Washington, 98101.

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

I. Background

    On October 17, 2006, EPA revised the level of the 24-hour 
PM2.5 NAAQS, lowering the primary and secondary standards 
from the 1997 standard of 65 micrograms per cubic meter ([micro]g/m\3\) 
to 35 [micro]g/m\3\ (71 FR 61144). On November 13, 2009, EPA designated 
a portion of Franklin County, Idaho and portions of Cache County, Utah 
nonattainment for the 2006 24-hour PM2.5 NAAQS (74 FR 
58688). This cross-boundary nonattainment area is referred to as the 
Logan, UT-ID PM2.5 NAA. On September 13, 2019, IDEQ 
submitted to EPA a request to redesignate the Idaho portion of the 
Logan UT-ID PM2.5 NAA to attainment, per CAA section 
107(d)(3)(E). IDEQ also submitted a CAA section 175A maintenance plan 
to demonstrate continued attainment of the 2006 PM2.5 NAAQS 
in the area for at least 10 years after approval of the redesignation. 
On February 17, 2021, EPA proposed to redesignate the Franklin County, 
ID portion of the Logan UT-ID PM2.5 NAA to attainment and 
approve into the Idaho SIP the associated maintenance plan (86 FR 
9884). As described in detail in that action, EPA's proposed approval 
of the redesignation request and maintenance plan is based upon our 
determination that the area attains the 2006 24-hour PM2.5 
NAAQS and that all other CAA section 107(d)(3)(E) redesignation 
criteria have been met for the area.

II. Response to Comments

    EPA received comments from three individuals during the 30-day 
comment period following publication of the proposed approval in the 
Federal Register. A summary of these comments and EPA's responses is 
provided below.
    Comment 1: Two of the commenters expressed concern about the 
current air quality in the Logan, UT-ID PM2.5 NAA, commonly 
referred to as the Cache Valley. One of these commenters stated that 
attainment had only been achieved ``on paper,'' but that air quality in 
the Cache Valley remained poor. This commenter suggested different 
local causes of poor air quality, including an increase in the number 
of diesel pickup trucks and snowmobiles in the area, the burning of 
agricultural fields and ditches, the burning of slashed trees by the 
U.S. Forest Service, and non-adherence to idling restrictions. Both 
commenters asserted that the poor air quality in the area caused 
negative health impacts for them (including the need to purchase indoor 
air purifiers), and often prevented them from recreating outdoors.
    Response 1: The comments speak generally about air quality in the 
area, but do not provide any specific information to contradict EPA's 
proposed finding that the Logan UT-ID area meets the criteria for 
redesignation under CAA Section 107(d)(3)(E) for the 2006 
PM2.5 NAAQS. As discussed in detail in the proposal, EPA's 
review of air monitoring data in the Logan UT-ID PM2.5 NAA 
demonstrates that the area has attained the 2006 24-hour 
PM2.5 NAAQS continuously since the 2015-2017 design value 
period which was the basis for our October 19, 2018 determination of 
attainment by the attainment date and clean data determination (86 FR 
9886). These comments do not provide a basis to reconsider EPA's 
determination that the area meets the criteria under CAA Section 
107(d)(3)(E) or to otherwise disapprove IDEQ's redesignation request or 
associated maintenance plan for the Idaho portion of the Logan UT-ID 
NAA.
    Comment 2: Two of the commenters provided suggestions to improve 
air quality in the Cache Valley. One commenter stated that the Cache 
Valley needs access to Tier 3 gasoline and more electric vehicle (EV) 
charging stations. Another commenter asserted that the state ``thwarts 
efforts to induce private citizens to own appropriate vehicles that can 
reduce air pollution by proposing to increasing personal property taxes 
from 200-400%+ on

[[Page 27533]]

hybrid, plug-in EV, and EV vehicles.'' This commenter also stated that 
the county had failed to enforce idling restrictions, and recommended 
that the county increase education about the consequences of non-
adherence to idling restrictions ``by private citizens, as well as 
corporate and government entities.''
    Response 2: While the EPA ultimately approves or disapproves a 
state plan as meeting or not meeting the criteria of the CAA, Congress 
gave states the lead in developing a plan to implement, maintain, and 
enforce the NAAQS. Once a NAAQS is established, each state is required 
to develop a plan for how the state will control air pollution within 
its jurisdiction, which is called a SIP. SIPs must include, among other 
things, emission limitations and other control measures, means, or 
techniques, as well as schedules, and timetables for compliance, as may 
be necessary or appropriate to meet applicable CAA requirements, 
including timely attainment and subsequent maintenance of the NAAQS. 
CAA section 110(a)(2); see also Train v. NRDC, 421 US 60, 67 (1975). 
``[S]o long as the ultimate effect of a State's choice of emission 
limitations is compliance with the [NAAQS],'' the State generally may 
adopt its preferred mix of controls deemed best suited to its 
particular situation. See Train, 421 US at 79. As discussed in the 
proposal, EPA has determined that the improvement in air quality in the 
Logan UT-ID NAA is reasonably attributable to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
implementation plan, implementation of applicable Federal air pollutant 
control regulations, and other permanent and enforceable reductions (86 
FR 9888). The comment does not provide a basis for EPA to reconsider 
this or any other portion of our proposed action.

III. Final Action

    EPA is finalizing the redesignation of the Idaho portion of the 
Logan UT-ID 2006 PM2.5 NAA to attainment. EPA is also 
approving the associated maintenance plan ensuring continued attainment 
of the 2006 24-hour PM2.5 NAAQS in the area for the next 10 
years. For transportation conformity purposes, EPA is approving the 
2031 motor vehicle emissions budgets included in Idaho's maintenance 
plan for PM2.5, NOX and VOC. The designation 
status of the Idaho portion of the Logan, UT-ID PM2.5 NAA 
under 40 CFR part 81 will be revised to attainment upon the effective 
date of this final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan and associated motor 
vehicle emissions budgets under section 107(d)(3)(E) are actions that 
affect the status of a geographical area and do not impose any 
additional regulatory requirements on sources beyond those imposed by 
state law. A redesignation to attainment does not in and of itself 
create any new requirements, but rather results in the applicability of 
requirements contained in the CAA for areas that have been redesignated 
to attainment. Moreover, 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, 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 already 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 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where 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 it 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. 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 July 20, 2021. 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

40 CFR Part 52

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

[[Page 27534]]

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 14, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR parts 52 and 81 
are 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. In Sec.  52.670, the table in paragraph (e) is amended by adding an 
entry at the end of the table for ``Cache Valley Fine Particulate 
Matter Maintenance Plan'' 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 geographic       State
       Name of SIP provision        or nonattainment area  submittal date    EPA approval date       Comments
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                                                  * * * * * * *
Cache Valley Fine Particulate       Franklin County,            9/13/2019  5/21/2021, [Insert     ..............
 Matter Maintenance Plan.            Logan UT-ID PM2.5                      Federal Register
                                     Area.                                  citation].
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.313 amend in the table entitled ``Idaho--2006 24-Hour 
PM2.5 NAAQS'' by revising the entry for ``Franklin County 
(part)'' to read as follows:


Sec.  81.313  Idaho.

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                                         Idaho--2006 24-Hour PM2.5 NAAQS
                                             [Primary and Secondary]
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                                                             Designation \a\                  Classification
                Designated area                -----------------------------------------------------------------
                                                 Date \1\               Type               Date \2\      Type
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Logan, UT-ID:
    Franklin County (part)....................   5/21/2021  Attainment..................
        Begin in the bottom left corner
         (southwest) of the nonattainment area
         boundary, southwest corner of the
         PLSS-Boise Meridian, Township 16
         South, Range 37 East, Section 25. The
         boundary then proceeds north to the
         northwest corner of Township 15
         South, Range 37 East, Section 25;
         then the boundary proceeds east to
         the southeast corner of Township 15
         South, Range 38 East, Section 19;
         then north to the Franklin County
         boundary at the northwest corner of
         Township 13 South, Range 38 East,
         Section 20. From this point the
         boundary proceeds east 3.5 sections
         along the northern border of the
         county boundary where it then turns
         south 2 sections, and then proceeds
         east 5 more sections, and then north
         2 sections more. At this point, the
         boundary leaves the county boundary
         and proceeds east at the southeast
         corner of Township 13 South, Range 39
         East, Section 14; then the boundary
         heads north 2 sections to northwest
         corner of Township 13 South, Range 39
         east, Section 12; then the boundary
         proceeds east 2 sections to the
         northeast corner of Township 13
         South, Range 40 East, Section 7. The
         boundary then proceeds south 2
         sections to the northwest corner of
         Township 13 South, Range 40 East,
         Section 20; the boundary then
         proceeds east 6 sections to the
         northeast corner of Township 13
         South, Range 41 East, Section 19. The
         boundary then proceeds south 20
         sections to the southeast corner of
         Township 16 South, Range 41 East,
         Section 30. Finally, the boundary is
         completed as it proceeds west 20
         sections along the southern Idaho
         state boundary to the southwest
         corner of the Township 16 South,
         Range 37 East, Section 25.
 
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2021-10633 Filed 5-20-21; 8:45 am]
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