[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14067-14073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06873]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0766; FRL-9991-85-Region 10]


Air Plan Approval; Idaho: Infrastructure Requirements for the 
2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, the Clean Air Act requires each State 
to submit a plan for the implementation, maintenance, and enforcement 
of the standard, commonly referred to as infrastructure requirements. 
The Environmental Protection Agency (EPA) is proposing to approve the 
Idaho State Implementation Plan (SIP), submitted on September 27, 2018, 
as meeting infrastructure requirements for the 2015 ozone NAAQS.

DATES: Comments must be received on or before May 9, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0766, 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 at (206) 553-0340, or 
[email protected].

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

Table of Contents

I. Background
II. Infrastructure Elements
III. EPA Approach To Review of Infrastructure SIP Submissions
IV. EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On October 26, 2015 (80 FR 65292) the EPA published a rule revising 
the 8-hour ozone NAAQS from 0.075 parts per million (ppm) to a new, 
more protective level of 0.070 ppm. After a new or revised standard is 
promulgated, the Clean Air Act (CAA) requires each State to submit a 
plan for the implementation, maintenance, and enforcement of the 
standard, commonly referred to as an infrastructure SIP. On September 
27, 2018, the Idaho Department of Environmental Quality (IDEQ) 
submitted a SIP revision to meet the 2015 ozone NAAQS infrastructure 
requirements.\1\
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    \1\ The September 27, 2018, submission also addressed all 
interstate transport requirements at CAA section 110(a)(2)(D) for 
the 2015 ozone NAAQS. However, this publication proposes action on 
only a portion of those requirements, specifically CAA sections 
110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii). We intend to address the 
remainder of the interstate transport requirements in a separate, 
future action. See section 110(a)(2)(D) below.
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II. 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 each 
State must meet related to a newly established or revised NAAQS. The 
EPA has issued guidance to help States address these requirements, most 
recently on September 13, 2013, (2013 Guidance).\2\ As noted in the 
2013 Guidance, to the extent an existing SIP already meets the CAA 
section 110(a)(2) requirements, States may certify that fact in their 
submissions to the EPA. The requirements, with corresponding CAA 
subsections, are listed below:
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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 (available at https://www.epa.gov/air-quality-implementation-plans/infrastructure-sip-requirements-and-guidance).
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     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.
     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.

III. EPA Approach To Review of Infrastructure SIP Submissions

    The EPA's 2013 Guidance restated our interpretation that two 
elements are not governed by the three-year submission deadline in CAA 
section 110(a)(1) because SIPs incorporating necessary local 
nonattainment area controls are due on separate schedules, pursuant to 
CAA section 172 and the various pollutant-specific subparts 2 through 5 
of part D. These are submissions required by: (i) 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) CAA section 
110(a)(2)(I). As a result, this action does not address CAA section 
110(a)(2)(C) with respect to nonattainment new source review (NSR) or 
CAA section 110(a)(2)(I). The EPA has also determined that the CAA 
section 110(a)(2)(J) provision on visibility is not triggered by a new 
NAAQS because the visibility requirements in part C, title I of the CAA 
are not changed by a new NAAQS.
    Due to ambiguity in some of the language of CAA section 110(a)(2), 
the EPA believes that it is appropriate to

[[Page 14068]]

interpret these provisions in the specific context of acting on 
infrastructure SIP submissions. The EPA has previously provided 
comprehensive guidance on the application of these provisions in the 
2013 Guidance and through regional actions on infrastructure 
submissions.\3\ Unless otherwise noted below, we are following that 
existing approach in acting on this submission. In addition, in the 
context of acting on such infrastructure submissions, the EPA evaluates 
the submitting State's SIP for facial compliance with statutory and 
regulatory requirements, not for the State's implementation of its 
SIP.\4\ The EPA has other authority to address any issues concerning a 
state's implementation of the rules, regulations, consent orders, etc. 
that comprise its SIP.
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    \3\ The EPA explains and elaborates on these ambiguities and its 
approach to address them in its 2013 Guidance, as well as in 
numerous agency actions, including the EPA's prior action on Idaho's 
infrastructure SIP submission to address the 2010 nitrogen dioxide 
and 2010 sulfur dioxide NAAQS (August 11, 2014, 79 FR 46707). Please 
see our associated April 17, 2014, proposed rule for this discussion 
(79 FR 21669, at page 21670).
    \4\ See U.S. Court of Appeals for the Ninth Circuit decision in 
Montana Environmental Information Center v. EPA, No. 16-71933 (Aug. 
30, 2018).
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IV. EPA Evaluation

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 submission: The submission 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: The State regulations identified above were 
previously approved by the EPA into the Idaho SIP and demonstrate that 
the Idaho SIP includes enforceable emission limits and other control 
measures to implement the 2015 ozone NAAQS. We recently approved 
updates to the IDAPA regulations to account for the 2015 ozone NAAQS 
(83 FR 42033, August 20, 2018). Idaho has no areas designated 
nonattainment for the 2015 ozone NAAQS. We note, as stated earlier, 
that 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 CAA section 110(a)(1). 
Regulations and other control measures for purposes of attainment 
planning under part D, title I of the CAA are due on a different 
schedule than infrastructure SIPs.
    Idaho regulates emissions of ozone precursors through, among other 
things, its SIP-approved new source review (NSR) permitting program. 
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 permitting provisions, Idaho's SIP contains rules 
that limit emissions of nitrogen oxides (NOX) and volatile 
organic compounds (VOC) as precursors to ozone formation. These rules 
include requirements to reduce pollutants that reduce visibility and 
contribute to regional haze (IDAPA 58.01.01.665-668) and emission 
limits for hot mix asphalt plants (IDAPA 58.01.01.805-808) and other 
industries. As a result, we are proposing to approve the Idaho SIP as 
meeting the requirements of CAA section 110(a)(2)(A) for the 2015 ozone 
NAAQS.

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 submission: The submission 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 submission 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 submission references the 2017 Idaho Annual Ambient Air 
Monitoring Network Plan, approved by the EPA on November 8, 2017. The 
Idaho submission also references the website 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. The plan includes statutory and regulatory authority to establish 
and operate an air quality monitoring network, including ozone 
monitoring. Idaho's SIP-approved regulations in IDAPA 58.01.01.200--228 
(permit to construct rules) and IDAPA 58.01.01.400-410 (operating 
permit rules) govern source-specific monitoring and emissions testing 
for ozone precursors in accordance with federal reference methods. 
Idaho regularly assesses the adequacy of the state monitoring network 
and submits that assessment to the EPA for review. In practice, Idaho 
operates a comprehensive monitoring network,

[[Page 14069]]

including ozone monitoring, compiles and analyzes collected data, and 
submits the data to the EPA's Air Quality System on a quarterly basis. 
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 2015 ozone 
NAAQS.

110(a)(2)(C): Program for Enforcement of Control Measures

    CAA section 110(a)(2)(C) requires each State to include 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 submission: The submission 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 submission also refers to laws and 
regulations related to air quality permits at IDAPA 58.01.01.200-228 
(permit to construct rules).
    The submission 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 submission certifies that the 
annual IBR updates along with IDAPA sections 200-228 (permit to 
construct rules) 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 2015 ozone 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 2015 ozone NAAQS. 
Idaho's SIP-approved PSD program is codified in IDAPA 58.01.01.200-228 
(permits to construct) and governed by IDAPA 58.01.01.205 (permit 
requirements for new major facilities or major modifications in 
attainment or unclassifiable areas). We most recently approved 
revisions to Idaho's PSD program on August 20, 2018 (83 FR 42033), May 
12, 2017 (82 FR 22083) and August 12, 2016 (81 FR 53290). The SIP-
approved program incorporates by reference certain Federal PSD program 
requirements at 40 CFR 52.21 as of July 1, 2017, and implements the 
2015 ozone NAAQS. 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 2015 ozone NAAQS.
    Turning to minor NSR, the EPA approved a consolidated pre-
construction permitting program, including minor NSR, into the Idaho 
SIP on June 23, 1986 (51 FR 22810). Over the years, we have approved 
revisions to the program as consistent with the CAA and Federal minor 
NSR requirements codified at 40 CFR 51.160 through 40 CFR 51.164, most 
recently on August 12, 2016 (81 FR 53290). We have determined that the 
program regulates construction of new and modified minor sources for 
purposes of the 2015 ozone NAAQS.
    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 2015 
ozone NAAQS.

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

    CAA section 110(a)(2)(D)(i) addresses four separate elements, or 
``prongs.'' CAA section 110(a)(2)(D)(i)(I) requires SIPs to contain 
adequate provisions prohibiting emissions which will contribute 
significantly to nonattainment of the NAAQS in any other State (prong 
1), and adequate provisions prohibiting emissions which will interfere 
with maintenance of the NAAQS by any other State (prong 2). CAA section 
110(a)(2)(D)(i)(II) requires SIPs to contain adequate provisions 
prohibiting emissions which will interfere with any other State's 
required measures to prevent significant deterioration (PSD) of its air 
quality (prong 3), and adequate provisions prohibiting emissions which 
will interfere with any other State's required measures to protect 
visibility (prong 4).
    CAA section 110(a)(2)(D)(ii) states SIPs must include provisions 
ensuring compliance with the applicable requirements of CAA sections 
126 and 115 (relating to interstate and international pollution 
abatement). CAA section 126 requires notification to neighboring States 
of potential impacts from a new or modified major stationary source and 
specifies how a State may petition the EPA when a major source or group 
of stationary sources in a State is thought to contribute to certain 
pollution problems in another State. CAA section 115 governs the 
process for addressing air pollutants emitted in the United States that 
cause or contribute to air pollution that may reasonably be anticipated 
to endanger public health or welfare in a foreign country.
    State submission: The submission addresses all interstate transport 
requirements of the CAA. This proposed action, however, addresses only 
CAA sections 110(a)(2)(D)(i)(II), and 110(a)(2)(D)(ii). We intend to 
address the remainder of the interstate transport requirements in a 
separate, future action.
    For purposes of CAA 110(a)(2)(D)(i)(II), the submission 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 PSD sub-element of CAA 
section 110(a)(2)(D)(i)(II) (prong 3) is satisfied where major new and 
modified stationary sources in attainment and unclassifiable areas are 
subject to a SIP-approved PSD program. We most recently approved 
revisions to Idaho's SIP-approved PSD program on August 20, 2018 (83 FR 
42033), May 12, 2017 (82 FR 22083), and August 12, 2016 (81 FR 53290). 
Idaho's SIP-approved PSD program is up-to-date with current Federal 
requirements, including implementing the 2015 ozone NAAQS. Therefore, 
we are proposing to approve the Idaho SIP as meeting CAA section 
110(a)(2)(D)(i)(II) prong 3 with respect to PSD for the 2015 ozone 
NAAQS.
    The EPA believes, as noted in the 2013 Guidance, where a State's 
regional

[[Page 14070]]

haze plan has been approved as meeting all current obligations, a State 
may rely upon those provisions in support of its demonstration that it 
satisfies CAA section 110(a)(2)(D)(i)(II) as it relates to visibility 
(prong 4). 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). Because we approved the Idaho plan as meeting regional haze 
requirements, we are proposing to approve the Idaho SIP as meeting CAA 
section 110(a)(2)(D)(i)(II) prong 4 visibility requirements with 
respect to the 2015 ozone NAAQS.
    IDAPA 58.01.01.209 provides an opportunity for appropriate Federal, 
State, international, and local agencies to participate and identify 
any concerns in the permitting process. 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 2015 ozone NAAQS.

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

    CAA section 110(a)(2)(E) requires each State 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 State board provisions under CAA 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 submission: The submission 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 submission 
references Idaho Code 39-107, which establishes the State's Board of 
Environmental Quality, and Executive Order 2016-07 which addresses 
composition requirements of the Idaho Board of Environmental Quality. 
Finally, the Idaho submission 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 with adequate authority to carry out SIP 
obligations with respect to the 2015 ozone 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). Idaho renewed the Executive Order addressing 
certain board requirements for an additional four years on December 14, 
2016 (Executive Order No. 2016-07).\5\ We note that the Idaho Code 
Title 59 Chapter 7 (Ethics in Government Act), relied on for previous 
SIP Infrastructure actions, was relocated to Idaho Code Title 74 
Chapter 4. Importantly, the relevant, substantive components of the 
law, approved for purposes of SIP authority, were retained.\6\ 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 2015 ozone 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 2015 
ozone NAAQS.
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    \5\ 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.
    \6\ See Idaho House Bill 90, effective July 1, 2015.
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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 submission: The submission states that the statutes and rules 
governing air quality permits provide Idaho DEQ with the ability to 
monitor stationary source emissions for compliance purposes and make 
data available to the public. The submission 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 58.01.01.122, which provides Idaho DEQ authority to 
issue information orders and orders to conduct source emissions 
monitoring, record keeping, 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 submission 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 submission 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

[[Page 14071]]

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 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 website https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.
    Idaho's SIP and practices are adequate for the stationary source 
monitoring systems related to the 2015 ozone 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 2015 
ozone 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 submission: The Idaho submission cites Idaho Code 39-112 
which provides emergency order authority comparable to that in CAA 
section 303. In addition, the submission 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 ozone, 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 ozone. Therefore, we are proposing to 
approve the Idaho SIP as meeting the requirements of CAA section 
110(a)(2)(G) for the 2015 ozone NAAQS.

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

    CAA section 110(a)(2)(H) requires that SIPs provide for revision of 
a State plan (i) from time to time as may be necessary to take account 
of revisions of a national primary or secondary ambient air quality 
standard or the availability of improved or more expeditious methods of 
attaining the standard, and (ii), except as provided in paragraph 
110(a)(3)(C), whenever the Administrator finds 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 submission: The submission 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.
    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 August 20, 2018 (83 FR 422033). Idaho has incorporated by 
reference the 2015 ozone 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 2015 ozone 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 due on nonattainment area plan schedules pursuant to section 172 
and the various pollutant-specific subparts 2 through 5 of part D. 
These are submissions required by: (i) 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) 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 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 CAA 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 submission: The submission refers to laws and regulations 
relating to public participation processes for SIP revisions and 
permitting programs. The submission 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 submission 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 submission references the Idaho transportation conformity 
rules and regional haze rules which provide for consultation processes. 
With regard to public notification, the Idaho submission 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 submission 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 local governments and Federal Land Managers as 
specified in CAA section 121, including the Idaho rules for major

[[Page 14072]]

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 
2015 ozone 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 website 
at http://www.deq.idaho.gov/air-quality/monitoring/daily-reports-and-forecasts.aspx, 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 2015 ozone 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 August 20, 2018 (83 FR 42033). 
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 2015 ozone 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 2015 ozone 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 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 NAAQS, and (ii) the submission, upon request, of data 
related to such air quality modeling to the Administrator.
    State submission: The submission 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 August 20, 2018 (83 FR 42033). 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's incorporation by reference of 40 CFR part 51 as of July 1, 
2017 captures the EPA's recent changes to the Federal Guidelines on Air 
Quality Models codified in 40 CFR part 51, appendix W (Appendix W) 
(January 17, 2017, 82 FR 5182). Idaho's SIP requires modeled estimates 
of ambient concentrations based on the current version of Appendix W, 
consistent with the EPA's implementing regulations in 40 CFR part 51. 
Therefore, we are proposing to approve the Idaho SIP as meeting the 
requirements of CAA section 110(a)(2)(K) for the 2015 ozone NAAQS.

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

    CAA section 110(a)(2)(L) directs SIPs to require each major 
stationary source to pay permitting fees to cover the cost of 
reviewing, approving, implementing and enforcing a permit.
    State submission: The submission 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 submission 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 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 2015 ozone 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

[[Page 14073]]

local political subdivisions affected by the SIP.
    State submission: The submission 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 submission references 
the transportation conformity consultation and public processes at 
IDAPA 58.01.01.563--574. Finally, the submission 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 August 20, 2018 (83 FR 42033). 
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 2015 ozone 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 2015 ozone 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 Order Reviews

    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 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 it 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 27, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-06873 Filed 4-8-19; 8:45 am]
 BILLING CODE 6560-50-P


