[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Proposed Rules]
[Pages 2955-2957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01039]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0566: FRL-9973- 21--Region 10]


Air Plan Approval; ID, Crop Residue Burning; Revision to Ozone 
Requirement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the portions of Idaho's State Implementation Plan 
(SIP) related to agricultural crop residue burning. The Director of the 
Idaho Department of Environmental Quality (IDEQ) submitted the 
revisions to EPA on September 22, 2017. IDEQ supplemented the original 
submission with photochemical modeling analyses on October 23, 2017. 
The revisions change the ambient ozone concentration level at which 
IDEQ may approve a permittee's request to burn. EPA is proposing to 
approve the revisions because they satisfy the requirements of the 
Clean Air Act. This action is being taken under section 110 of the 
Clean Air Act (the Act or CAA).

DATES: Written comments must be received on or before February 21, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0566, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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 whose disclosure 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick, 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: 206-553-1999, email address: [email protected].

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

Table of Contents:

I. Background
    A. Idaho's Crop Residue Burning Program
    B. Idaho's Proposed SIP Revision
    C. 2015 Ozone NAAQS Background
II. EPA's Review of Idaho's Submittal
    A. Summary of Idaho's Demonstration
    B. Clean Air Act Sec.  110(l) Requirements
III. EPA's Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. Idaho's Crop Residue Burning Program

    Idaho's regulations at Idaho Administrative Procedures Act (IDAPA) 
58.01.01.617 through 624 contain the federally-approved State 
Implementation Plan (SIP) provisions regulating open burning of crop 
residue in Idaho. These rules were approved by EPA on August 1, 2008, 
(73 FR 44915) and were submitted to EPA in response to the Ninth 
Circuit Court of Appeals decision in Safe Air for Everyone v. USEPA, 
475 F.3d 1096, amended 488 F.3d 1088 (9th Cir 2007). More information 
regarding the Ninth Circuit Court of Appeals decision and the 
federally-approved requirements for crop residue burning can be found 
in EPA's proposed and final actions on the state's 2008 SIP submittal. 
73 FR 23155 (April 29, 2008) and 73 FR 44915 (August 1, 2008).
    In 2013, EPA approved revisions related to Idaho's open burning and 
crop residue burning requirements that established a streamlined 
permitting process for spot burns, baled agricultural residue burns, 
and propane flaming. The revisions also made minor changes to the 
existing crop residue burning rules to update cross references and 
clarify certain administrative information. More information regarding 
the revisions EPA approved in 2013 can be found in EPA's proposed and 
final actions on the state's 2011 SIP submittal. 78 FR 2359 (January 
11, 2013) and 78 FR 16790 (March 19, 2013).
    Idaho's federally-approved crop residue burning rules at IDAPA 
58.01.01.617 currently provide that the open burning of crop residue on 
fields where the crops were grown is an allowable form of open burning 
if conducted in accordance with the provisions at IDAPA 58.01.01.618 
through 624. In brief, these rules require that a person desiring to 
burn crop residue must register at least thirty days in advance of the 
date of the proposed burn, pay a fee at least seven days prior to the 
burn, contact the IDEQ for initial approval at least 12 hours prior to 
the burn, obtain final approval from the IDEQ the morning of the burn, 
and submit a post-burn report to the IDEQ. In addition, all persons 
intending to dispose of crop residue through burning must abide by all 
of the general provisions in IDAPA 58.01.01.622 which covers such items 
as training requirements, reporting requirements, and certain 
limitations on burning.
    The criteria according to which IDEQ may approve a request to burn 
crop residue are delineated in IDAPA 58.01.01.621. Importantly, the 
federally approved version currently in Idaho's SIP requires that IDEQ, 
before approving a permittee's request to burn, determine that ambient 
air quality levels do not exceed seventy-five percent of any NAAQS 
concentration level on the day when the burning will occur and are not 
projected to exceed such level over the next 24 hours. In addition, 
IDEQ must determine that ambient air quality levels have not reached, 
and are not forecasted to reach and persist at, eighty percent of the 
one-hour action criteria for particulate matter under IDAPA 
58.01.01.556.\1\ Thus, IDEQ will not approve a burn if these levels are 
expected to be exceeded as a result of the burn. In determining whether 
to approve the burn, IDEQ must also consider the expected emissions 
from the proposed burn, the proximity of the proposed burn to other 
burns, the moisture content of the fuels, the acreage, crop type and 
other fuel characteristics, existing and expected meteorological 
conditions, the proximity of the proposed burn to institutions with 
sensitive populations, public roadways, and airports, and other 
relevant factors. See IDAPA 58.01.01.621.01. IDEQ must also notify the 
public as to whether a given day is a burn or no-burn day; the location 
and number of acres permitted to be burned; meteorological conditions 
and any real time ambient air quality monitoring data, and a toll-free 
number to receive request for information. IDAPA 58.01.01.623.
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    \1\ The current one-hour action criteria under IDAPA 
58.01.01.556 is an average of 80 [micro]g/m\3\ for PM2.5 
and an average of 385 ug/m\3\ for PM10.

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B. Idaho's Proposed SIP Revision

    On September 22, 2017, Idaho submitted a SIP revision request to 
EPA. This SIP submittal contains one change to the federally-approved 
crop residue burning rules. Specifically, the September 22, 2017, SIP 
submittal revises the ozone concentration level at which IDEQ may 
authorize (authorization level) agricultural crop residue burning (CRB) 
at IDAPA 58.01.01.621.01 and Idaho Code 39-114 (codification of Idaho 
Senate Bill 1009, Section 3) from seventy-five to ninety percent of the 
Ozone NAAQS. This revision does not change the authorization levels for 
any other NAAQS and all other CRB requirements remain unchanged.
    IDEQ submitted this revision after concluding that an authorization 
level of seventy-five percent of the Ozone NAAQS was problematic 
because it prohibited IDEQ from allowing burning on what would 
otherwise be a desirable day to burn from a smoke management 
perspective--when smoke would rise well into the transport layer and 
disperse well. IDEQ asserts burning on days when smoke dispersion is 
better will further limit negative impacts on public health.
    In the September 22, 2017, submittal, the IDEQ described the 
process for making the rule changes and noted that the changes were 
drafted in conjunction with negotiated rulemaking involving persons 
having an interest in the development of this rule. IDEQ's negotiated 
rulemaking process \2\ did not result in a consensus regarding the SIP 
revisions Idaho submitted on September 22, 2017.
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    \2\ Idaho's negotiated rulemaking process is described in 
Section 67-5220, Idaho Code and IDAPA 04.11.01.810 through 819.
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C. 2015 Ozone NAAQS Background

    On October 1, 2015, EPA signed a notice of final rulemaking that 
revised the 8-hour primary and secondary Ozone NAAQS (80 FR 65292; 
October 26, 2015). While both standards retain the same general form 
and averaging time (annual fourth-highest daily maximum 8-hour average 
concentration, averaged over three years \3\), they were lowered from 
0.075 parts per million (ppm) to a level of 0.070 ppm.\4\ The revised 
2015 Ozone NAAQS provides greater protection of public health and the 
environment than the previous 2008 Ozone NAAQS.
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    \3\ See 80 FR 65296; October 26, 2015, for a detailed 
explanation of the calculation of the 3-year 8-hour average and 40 
CFR part 50, Appendix U.
    \4\ These levels are commonly referred to in parts per billion 
(ppb): 75 ppb and 70 ppb, respectively.
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    Following promulgation of a new or revised NAAQS, EPA is required 
by section 107(d)(1) of the CAA to designate areas throughout the 
United States as attainment, nonattainment, or unclassifiable for the 
NAAQS. Nonattainment areas include both areas that are violating the 
NAAQS, and nearby areas with emissions sources or activities that 
contribute to violations in those areas. States with areas designated 
nonattainment are required to prepare and submit a plan for attaining 
the NAAQS in the area as expeditiously as practicable.
    On November 6, 2017, EPA issued final designations for the 2015 
Ozone NAAQS for most areas in the United States. Specifically, we found 
that Idaho meets the standard statewide and issued a final designation 
of ``attainment/unclassifiable'' for Idaho statewide. This final 
designation became effective January 16, 2018.

II. EPA's Review of Idaho's Submittal

A. Summary of Idaho's Demonstration

    Idaho submitted a ``Weight of Evidence'' demonstration containing 
multiple analyses of ozone monitoring data; they also submitted 
photochemical modeling to demonstrate that the proposed SIP revision 
would not interfere with attainment of the 2015 Ozone NAAQS. (See 
Docket EPA-R10_OAR-2017-0566: 002_state submittals_Weight of Evidence 
SIP narrative CRBO3 crop residue burning ozone.pdf and 004_state 
submittals_2017ACQ100 final CRB Ozone Modeling SIP amendment Report EPA 
submittal.pdf respectively.) Idaho's demonstration uses several 
different approaches to evaluate existing ozone monitoring data from 
2011 through 2015 to attempt to quantify the impacts of crop residue 
burning during that period upon ambient ozone concentrations. Through 
this methodology, it attempts to demonstrate that the range of ambient 
impacts from historic crop residue burning have not exceeded levels 
that would be expected to cause a violation of the 2015 Ozone NAAQS. 
Idaho's demonstration further provides that the universe of sources 
participating in the crop residue burning program is stable and that 
ozone precursor emissions under the proposed revised SIP will not 
increase even though there is no provision in the SIP which explicitly 
limits the scope of CRB either in terms of a limit on acres burned or 
emissions generated by the practice. Finally, Idaho supplemented its 
``Weight of Evidence'' demonstration with a photochemical modeling 
demonstration that evaluated whether increasing the SIP's CRB 
authorization level to ninety percent of the Ozone NAAQS concentration 
would result in a violation of the NAAQS and concluded that Idaho would 
continue to attain the Ozone NAAQS at this higher authorization level. 
EPA's analysis of Idaho's demonstration is included in our Technical 
Support Document (Docket R10-OAR-2017-0566, 101_Technical Support 
Document_ID 2017 CRB Ozone Revision.pdf) and elsewhere in this Notice.

B. Clean Air Act Sec.  110(l) Requirements

    Approvals to revisions of SIPs are subject to the requirements of 
CAA Sec.  110(l). Under section 110(l), the Administrator may not 
approve a SIP revision ``if the revision would interfere with any 
applicable requirements concerning attainment and reasonable further 
progress, or any other applicable requirement of [the Act].''
    We considered all of the NAAQS pollutants and determined the most 
relevant pollutants for this evaluation are PM2.5, 
PM10, and ozone. PM and ozone are relevant because the EPA's 
recent review of the NAAQS for these pollutants resulted in more 
stringent standards (78 FR 3085, January 15, 2013; and 80 FR 65292; 
October 26, 2015). There are no nonattainment areas for carbon 
monoxide, sulfur dioxide, nitrogen dioxide or lead. AQS data show the 
levels for these pollutants are well below the standards.
    Idaho's CRB ozone authorization level SIP revision does not affect 
a change in Idaho's Regional Haze SIP (approved November 8, 2012, 77 FR 
66929) because it does not change or impose a limit on the quantity of 
light impairing pollutants emitted from crop residue burning. Idaho's 
5-Year Progress Report, submitted June 28, 2016, demonstrates 
visibility improvement at all three of the Class I area monitoring 
sites, Craters of the Moon National Monument, Sawtooth Wilderness, and 
Selway-Bitterroot Wilderness. Current regional haze plan strategies are 
sufficient for Idaho and its neighboring states to meet their 
reasonable progress goals.
    Our findings in the 2008 approval (73 FR 23155, April 29, 2008) 
that CRB was not the cause of PM nonattainment issues are still valid. 
The same reasoning applies to the West Silver Valley nonattainment area 
as well. Residential wood combustion in the cold, winter months during 
atmospheric inversions is most responsible for elevated particulate 
matter in these areas. Prescribed burning in the late autumn and early 
spring also contributes substantially. The CRB authorization level and 
control measures specific to PM2.5 and PM10 are

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not changing under this proposed SIP revision. The revision will not 
interfere in attainment or reasonable further progress or any other 
applicable requirement with respect to either PM NAAQS.
    To address 110(l) requirement for ozone, we reviewed Idaho's 
``Weight of Evidence'' demonstration submitted September 22, 2017, and 
their supplemental modeling analyses submitted October 23, 2017. Based 
on our review of Idaho's modeling and monitor data analyses we conclude 
that the proposed revision to Idaho's CRB ozone authorization level 
will not interfere with attainment or reasonable further progress with 
the 2015 Ozone NAAQS or any other applicable CAA requirement.
    Section 107(d)(1)(A)(i) of the CAA defines a ``nonattainment area'' 
as ``any area that does not meet (or that contributes to ambient air 
quality in a nearby area that does not meet) the national primary or 
secondary ambient air quality standard for the pollutant.'' If an area 
meets either prong of this definition, then the EPA is obligated to 
designate the area as ``nonattainment.'' There are no areas designated 
as nonattainment for ozone in the state of Idaho (82 FR 54232, November 
16, 2017), in part, because we do not believe Idaho is contributing to 
violations of the 2015 Ozone NAAQS in other states.

III. EPA's Proposed Action

    We have reviewed Idaho's demonstration that revising the CRB ozone 
authorization level from seventy-five percent to ninety percent of the 
Ozone NAAQS is still protective of the NAAQS, will not result in an 
increase of emissions, and will not interfere with attainment of the 
2015 Ozone NAAQS. We believe Idaho adequately justified its conclusions 
with respect to each of these. EPA's approval decision is based 
primarily on the photochemical modeling with secondary reliance on the 
weight of evidence demonstration put forth by Idaho. See Docket R10-
OAR-2017-0566, 101_Technical Support Document_ID 2017 CRB Ozone 
Revision.pdf for details on our review of the state submittal. Based on 
the information provided by Idaho, as discussed in our Technical 
Support Document, we propose to approve Idaho's SIP revision and amend 
the authorization level for CRB to 90% of the Ozone NAAQS. 
Authorization levels for CRB in Idaho's SIP will remain at 75% for all 
other NAAQS.
    Under CAA section 110(k), EPA is proposing to approve revisions to 
Idaho's SIP requested in their September 22, 2017, SIP submittal. 
Moreover, based on the factors discussed above, we also conclude that 
approval of the SIP submittal will not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable requirement of the Clean Air Act.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Idaho regulations for Burn Approval Criteria at IDAPA 
58.01.01.621.01 and Idaho Code 39-114, State Effective February 28, 
2018, discussed in Section I.B. of the preamble. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 10 Office (please contact the 
person identified in the ``For Further Information Contact'' section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed 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 an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted 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 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 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Volatile organic compounds.

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

    Dated: January 11, 2018.
Chris Hladick,
Regional Administrator, EPA Region 10.
[FR Doc. 2018-01039 Filed 1-19-18; 8:45 am]
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