
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Proposed Rules]
[Pages 42772-42780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19346]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0856, FRL-9967-54-Region 10]


Air Plan Approval; ID; 2012 PM2.5 Standard 
Infrastructure Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find 
that the Idaho State Implementation Plan (SIP) meets the infrastructure 
requirements of the Clean Air Act (CAA) for the National Ambient Air 
Quality Standards (NAAQS) promulgated for the annual particulate matter 
(PM2.5) standard on December 14, 2012. Whenever a new or 
revised NAAQS is promulgated, the CAA requires states to submit a plan 
for the implementation, maintenance and enforcement of such NAAQS. The 
plan is required to address basic program elements, including but not 
limited to regulatory structure, monitoring, modeling, legal authority, 
and adequate resources necessary to assure attainment and maintenance 
of the standards. These elements are referred to as infrastructure 
requirements. On December 23, 2015, the State of Idaho submitted a 
certification to the EPA that the Idaho SIP meets the infrastructure 
requirements for the 2012 PM2.5 NAAQS.

DATES: Comments must be received on or before October 12, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0856, 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: Matthew Jentgen, 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: 206-553-0340, email address: jentgen.matthew@epa.gov.

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

Table of Contents

I. Background
II. CAA Sections 110(a)(1) and (2) Infrastructure Elements
III. EPA Approach to Review of Infrastructure SIP Submittals
IV. Analysis of the Idaho Submittal
V. Proposed Action
VI. Statutory and Executive Orders Review

I. Background

    On July 18, 1997, the EPA promulgated a new 24-hour and a new 
annual NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, 
the EPA revised the NAAQS for PM2.5, tightening the 24-

[[Page 42773]]

hour PM2.5 standard from 65 micrograms per cubic meter 
([micro]g/m\3\) to 35 [micro]g/m\3\, and retaining the annual 
PM2.5 NAAQS at 15 [micro]g/m\3\ (71 FR 61144). Subsequently, 
on December 14, 2012, the EPA revised the level of the health based 
(primary) annual PM2.5 NAAQS to 12 [micro]g/m\3\. See 78 FR 
3086 (January 15, 2013).\1\
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    \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left 
unchanged the existing welfare (secondary) standards for 
PM2.5 to address particulate matter (PM) related effects 
such as visibility impairment, ecological effects, damage to 
materials and climate impacts. This includes a secondary annual 
standard of 15 [micro]g/m\3\ and a 24-hour standard of 35 [mu]g/
m\3\.
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    The CAA requires that states submit SIPs meeting the requirements 
of CAA sections 110(a)(1) and (2) within three years after promulgation 
of a new or revised standard. CAA sections 110(a)(1) and (2) require 
states to address basic SIP elements, including emissions inventories, 
monitoring, and modeling to assure attainment and maintenance of the 
standards, the so-called ``infrastructure'' requirements. To help 
states, the EPA issued guidance on September 13, 2013, addressing 
infrastructure SIP elements for certain NAAQS.\2\ As noted in the 
guidance, to the extent an existing SIP already meets the CAA section 
110(a)(2) requirements, states may certify that fact via a letter to 
the EPA.
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    \2\ Stephen D. Page, Director, Office of Air Quality Planning 
and Standards. ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2).'' Memorandum to EPA Air Division Directors, Regions 1-10, 
September 13, 2013.
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    On December 23, 2015, the State of Idaho submitted certifications 
to the EPA that the Idaho SIP meets the infrastructure requirements for 
the 2012 PM2.5 NAAQS.

II. CAA Sections 110(a)(1) and (2) Infrastructure Elements

    CAA section 110(a)(1) provides the procedural and timing 
requirements for SIP submissions after a new or revised NAAQS is 
promulgated. CAA section 110(a)(2) lists specific elements that states 
must meet for infrastructure SIP requirements related to a newly 
established or revised NAAQS. These requirements include SIP 
infrastructure elements such as modeling, monitoring, and emissions 
inventories that are designed to assure attainment and maintenance of 
the NAAQS. The requirements, with their corresponding CAA subsection, 
are listed below:
     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control measures.
     110(a)(2)(D): Interstate transport.\3\
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    \3\ In this notice, we are proposing to act on Idaho's 
submission relating to 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii). We 
will address Idaho's submission relating to 110(a)(2)(D)(i)(I) in a 
separate action.
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     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the 
applicable requirements of part D.
     110(a)(2)(J): Consultation with government officials; 
public notification; and Prevention of Significant Deterioration (PSD) 
and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    The EPA's guidance clarified that two elements identified in CAA 
section 110(a)(2) are not governed by the three-year submission 
deadline of CAA section 110(a)(1) because SIPs incorporating necessary 
local nonattainment area controls are not due within three years after 
promulgation of a new or revised NAAQS, but rather due at the time the 
nonattainment area plan requirements are due pursuant to CAA section 
172 and the various pollutant specific subparts 2-5 of part D. These 
requirements are: (i) Submissions required by CAA section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required in 
part D, title I of the CAA, and (ii) submissions required by CAA 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, title I of the CAA. As a result, this action 
does not address infrastructure elements related to CAA section 
110(a)(2)(C) with respect to nonattainment new source review (NSR) or 
CAA section 110(a)(2)(I). Furthermore, the EPA interprets the CAA 
section 110(a)(2)(J) provision on visibility as not being triggered by 
a new NAAQS because the visibility requirements in part C, title I of 
the CAA are not changed by a new NAAQS.

III. EPA Approach to Review of Infrastructure SIP Submittals

    The EPA is taking action on the December 23, 2015 infrastructure 
submission from Idaho for purposes of the 2012 PM2.5 NAAQS. 
We previously approved a similar submission as meeting infrastructure 
requirements for nitrogen dioxide and sulfur dioxide standards (August 
11, 2014, 79 FR 46707). In the preamble of our action, we published a 
discussion of the EPA's approach to review of these submissions. Please 
see our April 17, 2014 proposed rule for the detailed discussion (79 FR 
21669, at page 21670).

IV. Analysis of the Idaho Submittal

110(a)(2)(A): Emission Limits and Other Control Measures

    CAA section 110(a)(2)(A) requires SIPs to include enforceable 
emission limits and other control measures, means or techniques 
(including economic incentives such as fees, marketable permits, and 
auctions of emissions rights), as well as schedules and timetables for 
compliance, as may be necessary or appropriate to meet the applicable 
requirements of the CAA.
    State submittal: The Idaho submittal cites an overview of the Idaho 
air quality laws and regulations, including portions of the Idaho 
Environmental Protection and Health Act (EPHA) and the Rules for the 
Control of Air Pollution located at IDAPA 58.01.01. Relevant laws cited 
include Idaho Code Section 39-105(3)(d) which provides Idaho DEQ 
authority to supervise and administer a system to safeguard air 
quality, Idaho Code Section 39-115 which provides Idaho DEQ with 
specific authority for the issuance of air quality permits, and Idaho 
Code Section 39-116 which provides Idaho DEQ authority to establish 
compliance schedules for air quality regulatory standards. Relevant 
regulations include IDAPA 58.01.01.107.03 (incorporation by reference 
of federal regulations), IDAPA 58.01.01.200-228 (permit to construct 
rules), IDAPA 58.01.01.400-410 (operating permit rules), IDAPA 
58.01.01.600-624 (control of open burning), IDAPA 58.01.01.625 (visible 
emissions requirements and testing), IDAPA 58.01.01.725 (rules for 
sulfur content of fuels), and IDAPA 58.01.01.460-461 (banking of 
emissions).
    EPA analysis: Idaho's SIP meets the requirements of section 
110(a)(2)(A) for the 2012 PM2.5 NAAQS, subject to the 
following clarifications. First, this infrastructure element does not 
require the submittal of regulations or emission limitations developed 
specifically for attaining this particulate matter NAAQS. The State has 
one area designated nonattainment for the 2012 PM2.5 NAAQS 
(West Silver Valley); however, the EPA does not consider SIP 
requirements triggered by the nonattainment area mandates in part D, 
title I of the CAA to be governed by the submission deadline of section 
110(a)(1). Regulations and other control measures for purposes of 
attainment

[[Page 42774]]

planning under part D, title I of the CAA are due on a different 
schedule than infrastructure SIPs.
    The Idaho SIP incorporates by reference a number of federal 
regulations, including the federal NAAQS at 40 CFR part 50, revised as 
of July 1, 2015. The EPA most recently approved the incorporation by 
reference of these regulations at IDAPA 58.01.01.107 ``Incorporations 
by Reference'' on May 12, 2017 (82 FR 22083). Idaho has incorporated by 
reference the 2012 PM2.5 NAAQS into Idaho regulations.
    Idaho generally regulates emissions of PM2.5 and 
PM2.5 precursors through its SIP-approved NSR permitting 
programs, in addition to operating permit regulations, sulfur content 
of fuels regulations, and rules for the control of open burning, 
fugitive dust, activities that generate visible emissions, and 
emissions banking. The EPA most recently approved revisions to Idaho's 
major and minor NSR permitting programs on May 12, 2017 (82 FR 22083) 
and August 12, 2016 (81 FR 53290). Idaho's NSR rules incorporate by 
reference the federal nonattainment NSR regulations and federal PSD 
regulations at IDAPA 58.01.204 and IDAPA 58.01.01.205 respectively. In 
addition to NSR permitting regulations, Idaho's Tier II operating 
permit regulations at IDAPA 58.01.01.400-410 require that to obtain an 
operating permit, the applicant must demonstrate the source will not 
cause or significantly contribute to a violation of any ambient air 
quality standard. IDAPA 58.01.01.401.03 provides that Idaho DEQ will 
require a Tier II source operating permit if Idaho DEQ determines 
emission rate reductions are necessary to attain or maintain any 
ambient air quality standard or applicable PSD increment.
    In addition to the permitting rules described above, Idaho has 
adopted rules to limit and control emissions resulting from open 
burning (IDAPA 58.01.01.600-624) and activities that generate visible 
emissions (IDAPA 58.01.01.625). Idaho has also promulgated rules 
addressing the sulfur content of fuels (IDAPA 58.01.01.725) and banking 
of emissions (IDAPA 58.01.01.460-461). Based on the above analysis, we 
are proposing to approve the Idaho SIP as meeting the requirements of 
CAA section 110(a)(2)(A) for the 2012 PM2.5 NAAQS.
    In this action, we are not proposing to approve or disapprove any 
existing Idaho provisions with respect to excess emissions during 
startup, shutdown, or malfunction (SSM) of operations at a facility. 
The EPA believes that a number of states may have SSM provisions that 
are contrary to the CAA and existing EPA guidance and the EPA is 
addressing such state regulations in a separate action. See ``State 
Implementation Plans: Response to Petition for Rulemaking; Restatement 
and Update of EPA's SSM Policy Applicable to SIPs; Findings of 
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to 
Excess Emissions During Periods of Startup, Shutdown and Malfunction: 
Final Rule.'' (June 12, 2015, 80 FR 33840) (SSM SIP Call). The EPA 
determined that certain SIP provisions in 36 states (applicable in 45 
statewide and local jurisdictions) were substantially inadequate to 
meet CAA requirements, and thus issued a SIP call for each of those 36 
states. Idaho's SIP was not named in the SSM SIP call.
    In addition, we are not proposing to approve or disapprove any 
existing Idaho rules with respect to director's discretion or variance 
provisions. Some states may have such provisions that are contrary to 
the CAA and existing EPA guidance and the EPA is addressing such 
regulations in a separate action via the SSM SIP Call (June 12, 2015, 
80 FR 33840). We encourage any state having a director's discretion or 
variance provision that is contrary to the CAA and EPA guidance to take 
steps to correct the deficiency as soon as possible.

110(a)(2)(B): Ambient Air Quality Monitoring/Data System

    CAA section 110(a)(2)(B) requires SIPs to include provisions to 
provide for establishment and operation of ambient air quality 
monitors, collecting and analyzing ambient air quality data, and making 
these data available to the EPA upon request.
    State submittal: The Idaho submittal references IDAPA 58.01.01.107 
and IDAPA 58.01.01.576.05 in response to this requirement. These rules 
incorporate by reference 40 CFR part 50 National Primary and Secondary 
Air Quality Standards, 40 CFR part 52 Approval and Promulgation of 
Implementation Plans, 40 CFR part 53 Ambient Air Monitoring Reference 
and Equivalent Methods, and 40 CFR part 58 Appendix B Ambient Air 
Quality Surveillance Quality Assurance Requirements for Prevention of 
Significant Deterioration. The Idaho submittal certifies that under 
these rules Idaho meets the infrastructure requirement to implement 
ambient air monitoring surveillance systems in accordance with the 
requirements of the CAA.
    The Idaho submittal references the 2015 Idaho Annual Ambient Air 
Monitoring Network Plan, approved by the EPA on October 28, 2015. The 
Idaho submittal also references the Web site where the Idaho DEQ 
provides the network plan, air quality monitoring summaries, a map of 
the monitoring network and real-time air monitoring data.
    EPA analysis: A comprehensive air quality monitoring plan, intended 
to meet the requirements of 40 CFR part 58 was submitted by Idaho on 
January 15, 1980 (40 CFR 52.670) and approved by the EPA on July 28, 
1982. This air quality monitoring plan has been subsequently updated 
and most recently approved by the EPA on December 13, 2016.\4\ The plan 
includes, among other things, the locations for the particulate matter 
monitoring network. Idaho makes the plan available for public review on 
the Idaho DEQ Web site at http://www.deq.idaho.gov/air-quality/monitoring/monitoring-network.aspx. The Web site also includes an 
interactive map of Idaho's air monitoring network. Based on the 
foregoing, we are proposing to approve the Idaho SIP as meeting the 
requirements of CAA section 110(a)(2)(B) for the 2012 PM2.5 
NAAQS.
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    \4\ Idaho Air Quality Monitoring Network Plan Approval Letter, 
dated December 13, 2016.
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110(a)(2)(C): Program for Enforcement of Control Measures

    CAA section 110(a)(2)(C) requires states have a program providing 
for enforcement of all SIP measures and the regulation of construction 
of new or modified stationary sources, including a program to meet PSD 
and nonattainment NSR requirements.
    State submittal: The Idaho submittal refers to Idaho Code Section 
39-108 which provides Idaho DEQ with both administrative and civil 
enforcement authority with respect to the Idaho EPHA, or any rule, 
permit or order promulgated pursuant to the EPHA. Criminal enforcement 
is authorized at Idaho Code Section 39-109. Emergency order authority, 
similar to that under section 303 of the CAA, is located at Idaho Code 
Section 39-112. The Idaho submittal also refers to laws and regulations 
related to air quality permits at IDAPA 58.01.01.200-228 (permit to 
construct rules).
    The Idaho submittal also cites the annual incorporation by 
reference (IBR) rulemaking which updates Idaho's SIP to include federal 
changes to the NAAQS and PSD program. Idaho's submittal certifies that 
the annual IBR updates along with IDAPA sections

[[Page 42775]]

200-288 (permitting requirements for new and modified sources) and 575-
587 (air quality standards and area classification) meets the CAA 
infrastructure requirement to implement the PSD program.
    EPA analysis: With regard to the requirement to have a program 
providing for enforcement of all SIP measures, we are proposing to find 
that the Idaho provisions described above provide Idaho DEQ with 
authority to enforce the Idaho EPHA, air quality regulations, permits, 
and orders promulgated pursuant to the EPHA. Idaho DEQ staffs and 
maintains an administrative enforcement program to ensure compliance 
with SIP requirements. Idaho DEQ may issue emergency orders to reduce 
or discontinue emission of air contaminants where air emissions cause 
or contribute to imminent and substantial endangerment. Enforcement 
cases may be referred to the State Attorney General's Office for civil 
or criminal enforcement. Therefore, we are proposing to approve the 
Idaho SIP as meeting the requirements of CAA section 110(a)(2)(C) 
related to enforcement for the 2012 PM2.5 NAAQS.
    To generally meet the requirements of CAA section 110(a)(2)(C) with 
regard to the regulation of construction of new or modified stationary 
sources, a state is required to have PSD, nonattainment NSR, and minor 
NSR permitting programs adequate to implement the 2012 PM2.5 
NAAQS. Idaho has one designated nonattainment area for the 2012 
PM2.5 NAAQS (West Silver Valley). However, as noted above, 
this action does not address CAA section 110(a)(2)(C) with respect to 
nonattainment new source review (NSR).
    We most recently approved revisions to Idaho's PSD program on May 
12, 2017 (82 FR 22083) and August 12, 2016 (81 FR 53290). Idaho's SIP-
approved PSD program implements the 2012 PM2.5 NAAQS and 
incorporates by reference the federal PSD program requirements at 40 
CFR 52.21 as of July 1, 2015. As a result, we are proposing to approve 
the Idaho SIP as meeting the requirements of CAA section 110(a)(2)(C) 
with regard to PSD for the 2012 PM2.5 NAAQS.
    We note that on January 4, 2013, the U.S. Court of Appeals in the 
District of Columbia, in Natural Resources Defense Council v. EPA, 706 
F.3d 428 (D.C. Cir.), issued a judgment that remanded two of the EPA's 
rules implementing the 1997 PM2.5 NAAQS, including the 
``Implementation of New Source Review (NSR) Program for Particulate 
Matter Less Than 2.5 Micrometers (PM2.5),'' (May 16, 2008, 
73 FR 28321) (2008 PM2.5 NSR Implementation Rule). The court 
ordered the EPA to ``repromulgate these rules pursuant to Subpart 4 
consistent with this opinion.'' Id. at 437. Subpart 4 of part D, title 
I of the CAA establishes additional provisions for particulate matter 
nonattainment areas. The 2008 PM2.5 NSR Implementation Rule 
addressed by the court's decision promulgated NSR requirements for 
implementation of PM2.5 in both nonattainment areas 
(nonattainment NSR) and attainment/unclassifiable areas (PSD). As the 
requirements of subpart 4 only pertain to nonattainment areas, the EPA 
does not consider the portions of the 2008 PM2.5 NSR 
Implementation Rule that address requirements for PM2.5 
attainment and unclassifiable areas to be affected by the court's 
opinion. Moreover, the EPA does not anticipate the need to revise any 
PSD requirements promulgated in the 2008 PM2.5 NSR 
Implementation Rule in order to comply with the court's decision.
    To address the court's remand, the EPA promulgated a final rule for 
the ``Fine Particulate Matter National Ambient Air Quality Standards: 
State Implementation Plan Requirements'' on August 24, 2016 (81 FR 
58011). This rule sets requirements for major stationary sources in 
PM2.5 nonattainment areas. The EPA interprets the CAA 
section 110(a)(1) and (2) infrastructure submissions due three years 
after adoption or revision of a NAAQS to exclude nonattainment area 
requirements, including requirements associated with a nonattainment 
NSR program. Instead, these elements are typically referred to as 
nonattainment SIP or attainment plan elements, which are due by the 
dates statutorily prescribed under subparts 2 through 5 under part D, 
extending as far as ten years following designations for some elements. 
Accordingly, our proposed approval of elements 110(a)(2)(C), 
(D)(i)(II), and (J), with respect to the PSD requirements, does not 
conflict with the court's opinion.
    In addition, on January 22, 2013, the U.S. Court of Appeals for the 
District of Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir. 
2013), issued a judgment that, among other things, vacated the 
provisions adding the PM2.5 Significant Monitoring 
Concentration (SMC) to the federal regulations, at 40 CFR 
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c), that were promulgated as part 
of the ``Prevention of Significant Deterioration (PSD) for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)--Increments, 
Significant Impact Levels (SILs) and Significant Monitoring 
Concentration (SMC); Final Rule,'' (October 10, 2010, 75 FR 64864) 
(2010 PSD PM2.5 Implementation Rule). In its decision, the 
court held that the EPA did not have the authority to use SMCs to 
exempt permit applicants from the statutory requirement in section 
165(e)(2) of the CAA that ambient monitoring data for PM2.5 
be included in all PSD permit applications. Thus, although the 
PM2.5 SMC was not a required element of a state's PSD 
program, were a state PSD program that contains such a provision to use 
that provision to issue new permits without requiring ambient 
PM2.5 monitoring data, such application of the vacated SMC 
would be inconsistent with the court's opinion and the requirements of 
section 165(e)(2) of the CAA.
    This decision also, at the EPA's request, vacated and remanded to 
the EPA for further consideration the portions of the 2010 PSD 
PM2.5 Implementation Rule that revised 40 CFR 51.166 and 40 
CFR 52.21 related to Significant Impact Levels (SILs) for 
PM2.5. The EPA requested this vacatur and remand of two of 
the three provisions in the EPA regulations that contain SILs for 
PM2.5, because the wording of these two SIL provisions (40 
CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) is inconsistent with the 
explanation of when and how SILs should be used by permitting 
authorities that we provided in the preamble to the Federal Register 
publication when we promulgated these provisions. The third SIL 
provision (40 CFR 51.165(b)(2)) was not vacated and remains in effect. 
The court's decision does not affect the PSD increments for 
PM2.5 promulgated as part of the 2010 PSD PM2.5 
Implementation Rule.
    The EPA amended its regulations to remove the vacated 
PM2.5 SILs and SMC provisions from PSD regulations on 
December 9, 2013 (78 FR 73698). On August 12, 2016, we approved 
revisions to the Idaho SIP as being consistent with the court decision 
and revised EPA regulations (81 FR 53290).
    The EPA has also promulgated revisions to federal PSD requirements 
for greenhouse gas (GHG) emissions, in response to a court remand and 
vacatur. Specifically, on June 23, 2014, the United States Supreme 
Court, in Utility Air Regulatory Group (UARG) v. EPA,\5\ issued a 
decision that said the EPA may not treat GHGs as air pollutants for 
purposes of determining whether a source is a major source (or 
modification thereof) required to obtain a PSD permit. The Court also 
said the EPA could continue to require that PSD

[[Page 42776]]

permits otherwise required based on emissions of pollutants other than 
GHGs contain limits on GHG emissions based on the application of Best 
Available Control Technology (BACT).
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    \5\ 134 S.Ct. 2427 (2014).
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    In response to the UARG decision, and the subsequent Amended 
Judgment issued by the D.C. Circuit (Amended Judgment),\6\ the EPA 
revised the federal PSD rules to allow for the rescission of PSD 
permits that are no longer required under these decisions, (May 7, 
2015, 80 FR 26183), and to remove the regulatory provisions that were 
specifically vacated by the Amended Judgment, (August 19, 2015, 80 FR 
50199) (removing 40 CFR 51.166(b)(48)(v), 52.21(b)(49)(v), 52.22, 
70.12, and 71.13). In addition, the EPA proposed to revise provisions 
in the PSD permitting regulations applicable to GHGs to fully conform 
with UARG and the Amended Judgment, but those revisions have not been 
finalized (Oct. 3, 2016, 81 FR 68110).
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    \6\ Coalition for Responsible Regulation v. EPA, Nos. 09-1322, 
10-073, 10-1092, and 10-1167 (April 15, 2015).
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    The EPA anticipates that many states will revise their existing 
SIP-approved PSD programs in light of the Supreme Court's decision and 
the EPA's changes to federal PSD rules in response to the decision. At 
this juncture, the EPA is not expecting states to have revised their 
PSD programs for purposes of infrastructure SIP submissions and is only 
evaluating such submissions to assure that the state's program 
correctly addresses GHGs consistent with the Supreme Court's decision.
    At present, the EPA has determined the Idaho SIP is sufficient to 
satisfy CAA section 110(a)(2)(C), (D)(i)(II) and (J) with respect to 
GHGs because the PSD permitting program previously-approved by the EPA 
into the SIP continues to require that PSD permits (otherwise required 
based on emissions of pollutants other than GHGs) contain limitations 
on GHG emissions based on the application of BACT. Although the 
approved Idaho PSD permitting program may currently contain provisions 
that are no longer necessary in light of the Supreme Court decision, 
this does not render the infrastructure SIP submission inadequate to 
satisfy CAA section 110(a)(2)(C), (D)(i)(II) and (J) for purposes of 
the 2012 PM2.5 NAAQS.
    The SIP contains the necessary PSD requirements at this time, and 
the application of those requirements is not impeded by the presence of 
other previously-approved provisions regarding the permitting of 
sources of GHGs that the EPA does not consider necessary at this time 
in light of the Supreme Court decision. Accordingly, the Supreme Court 
decision does not affect our proposed approval of the Idaho SIP as 
meeting the requirements of CAA section 110(a)(2)(C), (D)(i)(II) and 
(J) as those elements relate to a comprehensive PSD program. In this 
action we are proposing to approve the Idaho SIP as meeting the 
requirements of CAA section 110(a)(2)(C), (D)(i)(II) and (J) as those 
elements relate to a comprehensive PSD program.
    With regard to the minor NSR requirement of this element, the EPA 
has determined that Idaho's minor NSR permitting program regulates 
direct PM2.5 and NOX and SO2 as 
precursors. On August 12, 2016, we approved revisions to the Idaho SIP 
as meeting the federal requirements of minor NSR permitting programs at 
40 CFR 51.160 through 164 (81 FR 53290).
    Based on the foregoing, we are proposing to approve the Idaho SIP 
as meeting the requirements of CAA section 110(a)(2)(C) for the 2012 
PM2.5 NAAQS.

110(a)(2)(D): Interstate Transport

    CAA section 110(a)(2)(D)(i) requires state SIPs to include 
provisions prohibiting any source or other type of emissions activity 
in one state from contributing significantly to nonattainment, or 
interfering with maintenance of the NAAQS in another state (CAA section 
110(a)(2)(D)(i)(I)). Further, this section requires state SIPs to 
include provisions prohibiting any source or other type of emissions 
activity in one state from interfering with measures required to 
prevent significant deterioration (PSD) of air quality, or from 
interfering with measures required to protect visibility (i.e. measures 
to address regional haze) in any state (CAA section 
110(a)(2)(D)(i)(II)).
    This action also does not address the requirements of CAA section 
110(a)(2)(D)(i)(I), which we will address in a future action. In this 
proposal, we are proposing to act on Idaho's submission relating to 
110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii).
    State submittal: For purposes of CAA 110(a)(2)(D)(i)(II), the 
submittal referenced Idaho's SIP-approved PSD program and Idaho's 
Regional Haze SIP submitted to the EPA on October 25, 2010. Idaho also 
cites IDAPA 58.01.01.209 that provides notice and comment procedures 
for various permit actions with regard to the public and to appropriate 
federal, state, international, and local agencies. CAA section 
110(a)(2)(D)(ii) is discussed below.
    EPA analysis: The EPA believes that the CAA section 
110(a)(2)(D)(i)(II) PSD sub-element may be met by the State's 
confirmation in the submittal that new major sources and major 
modifications in the State are subject to a SIP-approved PSD program. 
We most recently approved revisions to Idaho's PSD program on May 12, 
2017 (82 FR 22083) and August 12, 2016 (81 FR 53290). Idaho's SIP-
approved PSD program implements the 2012 PM2.5 NAAQS and 
incorporates the federal PSD program regulations at 40 CFR 52.21 by 
reference as of July 1, 2015. As discussed above in section 
110(a)(2)(C), we believe that our proposed approval of element 
110(a)(2)(D)(i)(II) is not affected by recent court vacaturs of EPA PSD 
implementing regulations. Therefore, we are proposing to approve the 
Idaho SIP as meeting the requirements of CAA section 
110(a)(2)(D)(i)(II) with regard to PSD for the 2012 PM2.5 
NAAQS.
    The EPA believes that, with regard to the CAA section 
110(a)(2)(D)(i)(II) visibility sub-element, the requirement may be 
satisfied by an approved SIP addressing regional haze. The EPA's 
reasoning is that the development of the regional haze SIPs was 
intended to occur in a collaborative environment among the states, and 
that through this process states would coordinate on emissions controls 
to protect visibility on an interstate basis.
    The Idaho submittal references the Idaho Regional Haze SIP, 
submitted to the EPA on October 25, 2010, which addresses visibility 
impacts across states within the region. On June 9, 2011, we approved a 
SIP revision which provides Idaho DEQ authority to address regional 
haze and to implement best available retrofit technology (BART) 
requirements (76 FR 33651). Subsequently on June 22, 2011, we approved 
portions of the Idaho Regional Haze SIP, including the requirements for 
BART (76 FR 36329). Finally, on November 8, 2012, we approved the 
remainder of the Idaho Regional Haze SIP, including those portions that 
address CAA provisions that require states to set Reasonable Progress 
Goals for their Class I areas, and to develop a Long Term Strategy to 
achieve these goals (77 FR 66929).
    The EPA is proposing to find that as a result of the prior approval 
of the Idaho Regional Haze SIP, the Idaho SIP contains adequate 
provisions to address 110(a)(2)(D)(i)(II) visibility requirements with 
respect to the 2012 PM2.5 NAAQS. Therefore, we are proposing 
to approve the Idaho SIP as meeting the requirements of CAA section 
110(a)(2)(D)(i)(II) as it applies to visibility for the 2012 
PM2.5 NAAQS.
    Furthermore, IDAPA 58.01.01.209 provides an opportunity for 
appropriate

[[Page 42777]]

federal, state, international, and local agencies to participate and 
identify any concerns in the permitting process.
    Interstate and international transport provisions: CAA section 
110(a)(2)(D)(ii) requires SIPs to include provisions ensuring 
compliance with the applicable requirements of CAA sections 126 and 115 
(relating to interstate and international pollution abatement). 
Specifically, CAA section 126(a) requires new or modified major sources 
to notify neighboring states of potential impacts from the source.
    EPA analysis: We most recently approved revisions to Idaho's SIP-
approved PSD program on May 12, 2017 (82 FR 22083) and August 12, 2016 
(81 FR 53290). Idaho's SIP-approved PSD program implements the 2012 
PM2.5 NAAQS and incorporates the federal PSD program 
regulations at 40 CFR 52.21 by reference as of July 1, 2015. As noted 
above, IDAPA 58.01.01.209 (procedures for issuing permits) includes 
required procedures for issuing permits for new sources, including 
procedures for public processes, and notice to appropriate federal, 
state and local agencies, consistent with the requirements of the 
federal PSD program. Idaho issues notice of its draft permits and 
neighboring states consistently receive copies of those drafts. Idaho 
also has no pending obligations under CAA section 115 or 126(b) of the 
CAA. Therefore, we are proposing to approve the Idaho SIP as meeting 
the requirements of CAA section 110(a)(2)(D)(ii) for the 2012 
PM2.5 NAAQS.

110(a)(2)(E): Adequate Resources

    CAA section 110(a)(2)(E) requires states to provide (i) necessary 
assurances that the state will have adequate personnel, funding, and 
authority under state law to carry out the SIP (and is not prohibited 
by any provision of federal or state law from carrying out the SIP or 
portion thereof), (ii) requirements that the state comply with the 
requirements respecting state boards under section 128 and (iii) 
necessary assurances that, where the state has relied on a local or 
regional government, agency, or instrumentality for the implementation 
of any SIP provision, the state has responsibility for ensuring 
adequate implementation of such SIP provision.
    State submittal: The Idaho submittal refers to Idaho Code Section 
39-106, which gives the Idaho DEQ Director authority to hire personnel 
to carry out duties of the department. In addition, the submittal 
references Idaho Code 39-107, which establishes the State's Board of 
Environmental Quality, Idaho Code Title 59 Chapter 7 (Ethics in 
Government Act), and Executive Order 2013-06 which addresses 
composition requirements of the Idaho Board of Environmental Quality. 
Finally, the Idaho submittal references Idaho Code Section 39-129, 
which authorizes Idaho DEQ to enter into binding agreements with local 
governments that are enforceable as orders.
    EPA analysis: We are proposing to find that the above-referenced 
provisions provide Idaho DEQ with adequate authority to carry out SIP 
obligations with respect to the 2012 PM2.5 NAAQS as required 
by CAA section 110(a)(2)(E)(i). With regard to CAA section 
110(a)(2)(E)(ii), we previously approved a revision to the Idaho SIP 
for purposes of meeting CAA section 128 and CAA section 
110(a)(2)(E)(ii) on October 24, 2013 (78 FR 63394). We note that Idaho 
renewed the Executive Order addressing certain board requirements for 
an additional four years on December 14, 2016 (Executive Order No. 
2016-07).\7\ Finally, we are proposing to find that Idaho has provided 
necessary assurances that, where Idaho has relied on a local or 
regional government, agency, or instrumentality for the implementation 
of any SIP provision, Idaho has responsibility for ensuring adequate 
implementation of the SIP with regard to the 2012 PM2.5 
NAAQS as required by CAA section 110(a)(2)(E)(iii). Therefore, we are 
proposing to approve the Idaho SIP as meeting the requirements of CAA 
section 110(a)(2)(E) for the 2012 PM2.5 NAAQS.
---------------------------------------------------------------------------

    \7\ Letter to EPA from John Tippits, Director of Department of 
Environmental Quality ``SIP Elements for State Boards Under Clean 
Air Act Section 110(a)(1)-(2). January 3, 2017.
---------------------------------------------------------------------------

110(a)(2)(F): Stationary Source Monitoring System

    CAA section 110(a)(2)(F) requires (i) the installation, 
maintenance, and replacement of equipment, and the implementation of 
other necessary steps, by owners or operators of stationary sources to 
monitor emissions from such sources, (ii) periodic reports on the 
nature and amounts of emissions and emissions-related data from such 
sources, and (iii) correlation of such reports by the state agency with 
any emission limitations or standards established pursuant to the CAA, 
which reports shall be available at reasonable times for public 
inspection.
    State submittal: The Idaho submittal states that the statutes and 
rules governing air quality permits provide DEQ with the ability to 
monitor stationary source emissions for compliance purposes and make 
data available to the public. The submittal references the following 
provisions: IDAPA 58.01.01.157, which includes source testing methods 
and procedures for source testing and reporting to the Idaho DEQ; IDAPA 
58.01.01.121, which outlines Idaho DEQ authority to require monitoring, 
recordkeeping and periodic reporting related to source compliance; 
IDAPA 58.01.01.122, which provides Idaho DEQ authority to issue 
information orders and orders to conduct source emissions monitoring, 
recordkeeping, reporting and other requirements; IDAPA 58.01.01.211, 
which contains conditions for permits to construct; IDAPA 58.01.01.209, 
which contains procedures for issuing permits to construct, including 
public processes; IDAPA 58.01.01.404, which contains procedures for 
issuing Tier II operating permits, including public processes; IDAPA 
58.01.01.405, which contains conditions for Tier II operating permits, 
including sampling ports, instrumentation to monitor and record, and 
performance testing; and Idaho Code 9-342A and IDAPA 58.01.21 which 
address public records. The Idaho submittal also states that Idaho 
reports emissions data for the six criteria pollutants to the EPA's 
National Emissions Inventory, which is updated every three years.
    EPA analysis: The provisions cited in the Idaho submittal 
establishes compliance requirements for sources subject to major and 
minor source permitting to monitor emissions, keep and report records, 
and collect ambient air monitoring data. The provisions cited also 
provide Idaho DEQ authority to issue orders to collect additional 
information as needed for Idaho DEQ to ascertain compliance. In 
addition, IDAPA 58.01.01.211 (conditions for permits to construct) and 
58.01.01.405 (conditions for Tier II operating permits) provide Idaho 
DEQ authority to establish permit conditions requiring instrumentation 
to monitor and record emissions data, and instrumentation for ambient 
monitoring to determine the effect emissions from the stationary source 
or facility may have, or are having, on the air quality in any area 
affected by the stationary source or facility. This information is made 
available to the public through public processes outlined at IDAPA 
58.01.01.209 (procedures for issuing permits) for permits to construct 
and 58.01.01.404 (procedures for issuing permits) for Tier II operating 
permits.
    Additionally, the State is required to submit emissions data to the 
EPA for purposes of the National Emissions

[[Page 42778]]

Inventory (NEI). The NEI is the EPA's central repository for air 
emissions data. All states are required to submit a comprehensive 
emissions inventory every three years and report emissions for certain 
larger sources annually through the EPA's online Emissions Inventory 
System. States report emissions data for the six criteria pollutants 
and their associated precursors--nitrogen oxides, sulfur dioxide, 
ammonia, lead, carbon monoxide, particulate matter, and volatile 
organic compounds. Many states also voluntarily report emissions of 
hazardous air pollutants. The EPA compiles the emissions data, 
supplementing it where necessary, and releases it to the general public 
through the Web site http://www.epa.gov/ttn/chief/eiinformation.html.
    Idaho's SIP and practices are adequate for the stationary source 
monitoring systems related to the 2012 PM2.5 NAAQS. The 
statutes and rules provide Idaho DEQ with the ability to monitor 
stationary source emissions for compliance purposes and make data 
publicly available. Based on the analysis above, we are proposing to 
approve the Idaho SIP as meeting the requirements of CAA section 
110(a)(2)(F) for the 2012 PM2.5 NAAQS.

110(a)(2)(G): Emergency Episodes

    CAA section 110(a)(2)(G) requires states to provide for authority 
to address activities causing imminent and substantial endangerment to 
public health, including adequate contingency plans to implement the 
emergency episode provisions in their SIPs.
    State submittal: The Idaho submittal cites Idaho Code 39-112 which 
provides emergency order authority comparable to that in CAA section 
303. In addition, the submittal cites the Idaho Air Pollution Emergency 
Rules (IDAPA 58.01.01.550-562).
    EPA analysis: CAA section 303 provides authority to the EPA 
Administrator to restrain any source from causing or contributing to 
emissions which present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' We find that Idaho Code 
Section 112 provides the Idaho DEQ Director with comparable authority.
    The Idaho air pollution emergency rules at IDAPA 58.01.01.550-562 
were previously approved by the EPA on January 16, 2003 (68 FR 2217). 
Idaho's air pollution emergency rules include PM2.5, 
establish stages of episode criteria, provide for public announcement 
whenever any episode stage has been determined to exist, and specify 
emission control actions to be taken at each episode stage, consistent 
with the EPA emergency episode SIP requirements set forth at 40 CFR 
part 51 subpart H (prevention of air pollution emergency episodes, 
sections 51.150 through 51.153) for particulate matter. Therefore, we 
are proposing to approve the Idaho SIP as meeting the requirements of 
CAA section 110(a)(2)(G) for the 2012 PM2.5 NAAQS.

110(a)(2)(H): Future SIP Revisions

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of 
such plan (i) from time to time as may be necessary to take account of 
revisions of such national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods of 
attaining such standard, and (ii), except as provided in paragraph 
110(a)(3)(C), whenever the Administrator finds on the basis of 
information available to the Administrator that the SIP is 
substantially inadequate to attain the NAAQS which it implements or to 
otherwise comply with any additional requirements under the CAA.
    State submittal: The Idaho submittal refers to Idaho Code Sections 
39-105(2) and (3)(d) which provide Idaho DEQ with broad authority to 
revise rules, in accordance with Idaho administrative procedures for 
rulemaking, to meet national ambient air quality standards as 
incorporated by reference in IDAPA 58.01.01.107. The Idaho submittal 
also refers to IDAPA 58.01.01.575 through 587 which establish and 
define acceptable ambient concentrations consistent with established 
criteria.
    EPA analysis: We find that Idaho has adequate authority to 
regularly update the SIP to take into account revisions of the NAAQS 
and other related regulatory changes. In practice, Idaho regularly 
updates the SIP for purposes of NAAQS revisions and other related 
regulatory changes. We most recently approved revisions to the Idaho 
SIP on May 12, 2017 (82 FR 22083) and August 12, 2016 (81 FR 53290). 
Idaho has incorporated by reference the 2012 PM2.5 NAAQS 
into the Idaho SIP. Therefore, we are proposing to approve the Idaho 
SIP as meeting the requirements of CAA section 110(a)(2)(H) for the 
2012 PM2.5 NAAQS.

110(a)(2)(I): Nonattainment Area Plan Revision Under Part D

    There are two elements identified in CAA section 110(a)(2) not 
governed by the three-year submission deadline of CAA section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area controls 
are not due within three years after promulgation of a new or revised 
NAAQS, but are rather due at the time of the nonattainment area plan 
requirements pursuant to section 172 and the various pollutant specific 
subparts 2-5 of part D. These requirements are: (i) Submissions 
required by CAA section 110(a)(2)(C) to the extent that subsection 
refers to a permit program as required in part D, title I of the CAA, 
and (ii) submissions required by CAA section 110(a)(2)(I) which pertain 
to the nonattainment planning requirements of part D, title I of the 
CAA. As a result, this action does not address infrastructure elements 
related to CAA section 110(a)(2)(C) with respect to nonattainment NSR 
or CAA section 110(a)(2)(I).

110(a)(2)(J): Consultation With Government Officials

    CAA section 110(a)(2)(J) requires states to provide a process for 
consultation with local governments and Federal Land Managers carrying 
out NAAQS implementation requirements pursuant to section 121. CAA 
section 110(a)(2)(J) further requires states to notify the public if 
NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances. Lastly, CAA section 
110(a)(2)(J) requires states to meet applicable requirements of part C, 
title I of the CAA related to prevention of significant deterioration 
and visibility protection.
    State submittal: The Idaho submittal refers to laws and regulations 
relating to public participation processes for SIP revisions and 
permitting programs. The submittal refers to IDAPA 58.01.01.209, 364, 
and 404 which provide for public processes related to new source 
construction permits and operating permits. The submittal also refers 
to Idaho Code Section 39-105(3)(c) which promotes outreach with local 
governments and Idaho Code Section 39-129 which provides authority for 
Idaho DEQ to enter into agreements with local governments. In addition, 
the Idaho submittal references the Idaho transportation conformity 
rules and regional haze rules which provide for consultation processes. 
With regard to public notification, the Idaho submittal states that 
Idaho DEQ submits information to EPA's AIRNOW program and provides 
daily air quality index scores for many locations throughout Idaho. 
Finally, with regard to PSD, the submittal references the Idaho rules 
for major source permitting at IDAPA 58.01.01.200 through 223, 
including PSD requirements for sources in attainment and unclassifiable 
areas.
    EPA analysis: The Idaho SIP includes specific provisions for 
consulting with

[[Page 42779]]

local governments and Federal Land Managers as specified in CAA section 
121, including the Idaho rules for major source PSD permitting. The EPA 
most recently approved Idaho permitting rules at IDAPA 58.01.01.209 and 
58.01.01.404, which provide opportunity and procedures for public 
comment and notice to appropriate federal, state and local agencies, on 
November 26, 2010 (75 FR 47530). We most recently approved Idaho's 
rules that define transportation conformity consultation on April 12, 
2001 (66 FR 18873), and Idaho's regional haze rules on June 9, 2011 (76 
FR 33651). In practice, Idaho DEQ routinely coordinates with local 
governments, states, Federal Land Managers and other stakeholders on 
air quality issues including permitting action, transportation 
conformity, and regional haze. Therefore, we are proposing to find that 
the Idaho SIP meets the requirements of CAA section 110(a)(2)(J) for 
consultation with government officials for the 2012 PM2.5 
NAAQS.
    CAA section 110(a)(2)(J) also requires the public be notified if 
NAAQS are exceeded in an area and to enhance public awareness of 
measures that can be taken to prevent exceedances. The EPA calculates 
an air quality index for five major air pollutants regulated by the 
CAA: Ground-level ozone, particulate matter, carbon monoxide, sulfur 
dioxide, and nitrogen dioxide. The EPA AIRNOW program provides this air 
quality index daily to the public, including health effects and actions 
members of the public can take to reduce air pollution. Idaho actively 
participates and submits information to the AIRNOW program, in addition 
to the EPA's Enviroflash Air Quality Alert program. Idaho DEQ also 
provides the daily air quality index to the public on the DEQ Web site 
at http://www.deq.idaho.gov/air/aqindex.cfm, as well as measures that 
can be taken to prevent exceedances. Therefore, we are proposing to 
find that the Idaho SIP meets the requirements of CAA section 
110(a)(2)(J) for public notification for the 2012 PM2.5 
NAAQS.
    Turning to the requirement in CAA section 110(a)(2)(J) that the SIP 
meet the applicable requirements of part C of title I of the CAA, we 
have evaluated this requirement in the context of CAA section 
110(a)(2)(C) with respect to permitting. The EPA most recently approved 
revisions to Idaho's PSD program on May 12, 2017 (82 FR 22083) and 
August 12, 2016 (81 FR 53290). Idaho's SIP-approved PSD program 
implements the 2012 PM2.5 NAAQS and incorporates by 
reference the federal PSD program regulations at 40 CFR 52.21 as of 
July 1, 2015. We believe that our proposed approval of element 
110(a)(2)(J) is not affected by recent court vacaturs of EPA PSD 
implementing regulations. Please see our discussion at section 
110(a)(2)(C). Therefore, we are proposing to approve the Idaho SIP as 
meeting the requirements of CAA section 110(a)(2)(J) with respect to 
PSD for the 2012 PM2.5 NAAQS.
    With regard to the applicable requirements for visibility 
protection, the EPA recognizes that states are subject to visibility 
and regional haze program requirements under part C of the CAA. In the 
event of the establishment of a new NAAQS, however, the visibility and 
regional haze program requirements under part C do not change. Thus we 
find that there is no new applicable requirement relating to visibility 
triggered under CAA section 110(a)(2)(J) when a new NAAQS becomes 
effective. Based on the above analysis, we are proposing to approve the 
Idaho SIP as meeting the requirements of CAA section 110(a)(2)(J) for 
the 2012 PM2.5 NAAQS.

110(a)(2)(K): Air Quality and Modeling/Data

    CAA section 110(a)(2)(K) requires that SIPs provide for (i) the 
performance of such air quality modeling as the Administrator may 
prescribe for the purpose of predicting the effect on ambient air 
quality of any emissions of any air pollutant for which the 
Administrator has established a national ambient air quality standard, 
and (ii) the submission, upon request, of data related to such air 
quality modeling to the Administrator.
    State submittal: The Idaho submittal states that air quality 
modeling is conducted during development of revisions to the SIP, as 
appropriate for Idaho to demonstrate attainment with required air 
quality standards. Idaho cites IDAPA 58.01.01.202.02 and IDAPA 
58.01.01.402.03 which address permit to construct and Tier II operating 
permit application procedures and modeling requirements for estimating 
ambient concentrations, respectively. Modeling is also addressed in 
Idaho's source permitting process as discussed at section 110(a)(2)(A) 
above. Estimates of ambient concentrations are based on requirements 
specified in 40 CFR part 51, Appendix W (Guidelines on Air Quality 
Models) which is incorporated by reference at IDAPA 58.01.01.107.
    EPA analysis: We most recently approved IDAPA 58.01.01.107 
(incorporations by reference) on May 12, 2017 (82 FR 22083). This rule 
incorporates by reference the following EPA regulations: Requirements 
for Preparation, Adoption, and Submittal of Implementation Plans, 40 
CFR part 51; National Primary and Secondary Ambient Air Quality 
Standards, 40 CFR part 50; Approval and Promulgation of Implementation 
Plans, 40 CFR part 52; Ambient Air Monitoring Reference and Equivalent 
Methods, 40 CFR part 53; and Ambient Air Quality Surveillance, 40 CFR 
part 58 revised as of July 1, 2015. Idaho has incorporated by reference 
the 2012 PM2.5 NAAQS into Idaho regulations. Idaho models 
estimates of ambient concentrations based on 40 CFR part 51 Appendix W 
(Guidelines on Air Quality Models). To cite an example of a SIP 
supported by substantial modeling, the EPA approved the PM10 
Second Ten-Year Maintenance Plan for Northern Ada County/Boise Idaho 
Area on October 2, 2014 (79 FR 59435). Therefore, we are proposing to 
approve the Idaho SIP as meeting the requirements of CAA section 
110(a)(2)(K) for the 2012 PM2.5 NAAQS.

110(a)(2)(L): Permitting Fees

    CAA section 110(a)(2)(L) requires SIPs to require each major 
stationary source to pay permitting fees to cover the cost of 
reviewing, approving, implementing and enforcing a permit, until such 
time as the SIP fee requirement is superseded by the EPA's approval of 
the state's title V operating permit program.
    State submittal: The Idaho submittal refers to IDAPA 58.01.01.387-
397, which set the requirements for the annual registration of Tier I 
(title V) sources and the annual assessment and payment of fees to 
support the Tier I permitting program. The EPA approved Idaho's title V 
permitting program on October 4, 2001 (66 FR 50574). The submittal also 
references IDAPA 58.01.01.407-409 which set the requirements for Tier 
II operating permit processing fees and usage.
    EPA analysis: We approved Idaho's title V program on October 4, 
2001 (66 FR 50574) with an effective date of November 5, 2001. While 
Idaho's operating permit program is not formally approved into the 
State's SIP, it is a legal mechanism the State can use to ensure that 
Idaho DEQ has sufficient resources to support the air program, 
consistent with the requirements of the SIP. Before the EPA can grant 
full approval, a state must demonstrate the ability to collect adequate 
fees. Idaho's title V program included a demonstration the State will 
collect a fee from title V sources above the presumptive minimum in 
accordance with 40 CFR 70.9(b)(2)(i). Idaho regulations require 
permitting fees for major sources subject to new source

[[Page 42780]]

review, as specified at IDAPA 58.01.01.224-227. Therefore, we are 
proposing to conclude that Idaho has satisfied the requirements of CAA 
section 110(a)(2)(L) for the 2012 PM2.5 NAAQS.

110(a)(2)(M): Consultation/Participation by Affected Local Entities

    CAA section 110(a)(2)(M) requires states to provide for 
consultation and participation in SIP development by local political 
subdivisions affected by the SIP.
    State submittal: The Idaho submittal references IDAPA 58.01.01.209, 
364 and 404 which provide for the public processes related to 
developing and issuing air quality permits. In addition, the submittal 
references the transportation conformity consultation and public 
processes at IDAPA 58.01.01.563-574. Finally, the submittal references 
the consultation and participation process outlined in 40 CFR 51.102, 
incorporated by reference at IDAPA 58.01.01.107.
    EPA analysis: The EPA most recently approved IDAPA 58.01.01.107 
(incorporations by reference), which incorporates by reference EPA 
regulations at 40 CFR part 51--Requirements for Preparation, Adoption, 
and Submittal of Implementation Plans on May 12, 2017 (82 FR 22083). In 
addition, we most recently approved Idaho permitting rules at IDAPA 
58.01.01.209 and 58.01.01.404, which provide opportunity and procedures 
for public comment and notice to appropriate federal, state and local 
agencies, on November 26, 2010 (75 FR 47530). Finally, we approved the 
State rules that define transportation conformity consultation on April 
12, 2001 (66 FR 18873). Therefore, we are proposing to approve the 
Idaho SIP as meeting the requirements of CAA section 110(a)(2)(M) for 
the 2012 PM2.5 NAAQS.

V. Proposed Action

    The EPA is proposing to find that the Idaho SIP meets the following 
CAA section 110(a)(2) infrastructure elements for the 2012 
PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), 
(G), (H), (J), (K), (L), and (M). This action is being taken under 
section 110 of the CAA.

VI. Statutory and Executive Orders Review

    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 
proposed action merely approves the state's law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by the state's 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 the requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because the 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).
    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 
Idaho, 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: August 28, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-19346 Filed 9-11-17; 8:45 am]
 BILLING CODE 6560-50-P


