[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Rules and Regulations]
[Pages 27019-27023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12888]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ID-1-1-5528a; FRL-5449-2]
Approval and Promulgation of State Implementation Plans: Idaho
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) approves the State
Implementation Plan submitted by the State of Idaho for the purpose of
bringing about the attainment of the National Ambient Air Quality
Standards (NAAQS) for particulate matter with an aerodynamic diameter
less than or equal
[[Page 27020]]
to a nominal 10 micrometers (PM10) in the Northern Ada County
PM10 nonattainment area.
DATES: This action is effective on July 29, 1996 unless adverse or
critical comments are received by July 1, 1996. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Copies of the State's request and other information
supporting this action are available for inspection during normal
business hours at the following locations: EPA, Region 10, Office of
Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 98101,
and State of Idaho Division of Environmental Quality, 1410 N. Hilton,
Boise, ID 83720.
Written comments should be addressed to: Montel Livingston, EPA,
Region 10, Office of Air Quality, 1200 Sixth Avenue, OAQ-107, Seattle,
Washington, 98101.
FOR FURTHER INFORMATION CONTACT: Doug Cole, EPA, Region 10, Idaho
Operations Office, 1435 North Orchard, Boise, Idaho 83706, (208) 334-
9555.
SUPPLEMENTARY INFORMATION:
I. Background
On September 22, 1994, EPA issued a proposed rulemaking action on
the State Implementation Plan (SIP) for the Northern Ada County
PM10 nonattainment area. See 59 FR 48582, Sept. 22, 1994. The plan
was submitted for the purpose of satisfying the moderate area planning
requirements for PM10 nonattainment areas, as set forth in
subparts 1 and 4 of Title I of the Clean Air Act (CAA or Act). In that
proposed rulemaking, EPA proposed to grant full approval of the
emissions inventory and PM10 precursor exclusion elements, limited
approval of the control measures submitted by the State for the limited
purpose of making them Federally enforceable, and disapproval of the
control measures, attainment demonstration and quantitative milestones,
and reasonable further progress elements of the SIP. Disapproval of
these elements was based on the State's failure to adopt into the SIP
and submit to EPA the wood smoke control ordinances for the cities of
Garden City, Meridian, and Eagle, and for unincorporated Ada County,
which the State had relied on to implement the residential wood burning
program identified in the SIP. In addition, the State had failed to
adequately address in the SIP the enforceability of its control
measures. EPA received no comments on its proposal.
On December 30, 1994, the State of Idaho, Department of Health and
Welfare, Division of Environmental Quality (IDEQ or State) submitted to
EPA additional information which included the wood smoke control
ordinances for these areas; an explanation of the enforcement
procedures, responsibilities, and sources of funding for each of the
adopted ordinances; and the State's assurance of responsibility for
adequate implementation of the local control measures. As described in
more detail below, EPA believes the Northern Ada County PM10 SIP
is now fully approvable and therefore fully approves the State's plan.
II. Analysis of State Submission
A detailed analysis of the SIP is contained in the September 22,
1994, Federal Register document proposing action on the Northern Ada
County PM10 SIP. (59 FR 48582) That analysis evaluated each of the
SIP elements, and concluded that certain elements were approvable and
that certain elements had deficiencies requiring resolution. A summary
of the analysis, and additional analysis of information contained in
the December 30, 1994, submittal follows.
1. Procedural Background
IDEQ conducted public hearings and adopted the SIP consistent with
Section 110 of Clean Air Act. The initial public hearing was held on
October 11, 1990, and a second public hearing was held on November 14,
1991, on a plan modification. The additional information submitted on
December 30, 1994, included four implementing ordinances that had each
been adopted by the responsible agency after having gone through the
public hearing process required by State and local law. EPA has
determined that notice and public hearing, meeting the requirements of
40 CFR 51.102, is not required for the December 30, 1994, submittal
because the ordinances and other information submitted by the State do
not differ materially from the control measures outlined in the SIP
that went through notice and public hearing.
2. Accurate Emissions Inventory
The September 22, 1994 Federal Register document discussed the
emissions inventory contained in the November 15, 1991, SIP and
concluded it was consistent with the requirements of Sections 172(c)(3)
and 110(a)(2)(K) of the Act. The additional information submitted on
December 30, 1994, did not change the emissions inventory. Thus, for
the reasons set forth in the September 22, 1994 Federal Register
document, EPA is fully approving the emission inventory.
3. Control Measures
In the September 22, 1994 Federal Register document, EPA determined
that the November 14, 1991, SIP did not provide for the timely
implementation of reasonably available control measures (RACM),
including reasonably available control technology (RACT). To achieve
required emission reductions, the SIP relied upon a residential wood
burning program, which consisted of four elements: an episodic wood
burning curtailment program, a wood smoke public education/awareness
program, a wood stove certification program, and a wood stove change-
out program. The principal element of the residential wood burning
program was the episodic wood burning curtailment program. The SIP
stated that this program would be implemented at the local level
through the adoption of local ordinances by Ada County, and by the
cities of Boise, Garden City, Eagle, and Meridian. However, as noted in
the September 22, 1994, Federal Register document, the State had not
adopted and submitted all of these ordinances as part of the SIP
submittal and the SIP therefore did not satisfy the RACM/RACT
requirement.
The additional information submitted to EPA on December 30, 1994,
included the required ordinances for Ada County, and for the cities of
Garden City, Eagle, and Meridian. Each ordinance describes the
procedures for instituting a wood stove curtailment program, including
the monitored level at which an ``alert'' is called (100 g/m
\3\), and provisions for exemptions from the program. The additional
information also included a description of the procedures by which each
local agency in the nonattainment area which has passed a wood smoke
control ordinance will issue wood stove permits, determine exemptions
from the curtailment program, enforce the program, and fund
implementation.
EPA believes that the State's December 30, 1994, submittal
addresses the deficiencies identified in the September 22, 1994,
Federal Register document, with one exception which does not bar full
approval of the State's control measures as meeting the RACM/RACT
requirement. The State's initial SIP submittal stated that all cities
in the nonattainment area and the unincorporated areas of Ada County
had ordinances prohibiting the sale and installation of uncertified
wood stoves. The initial SIP submittal, however, only included the
ordinance for the City of Boise, and EPA proposed limited approval of
that control measure. As stated above, the additional information
[[Page 27021]]
submitted on December 30, 1994, included wood smoke control ordinances
for Garden City, Eagle, Meridian, and unincorporated Ada County. Only
the Garden City and Ada County ordinances, however, have prohibitions
on the sale and installation of non-certified wood stoves. EPA does not
believe that the failure of the Cities of Meridian and Eagle to
prohibit the sale and installation of uncertified wood stoves poses a
bar to full approval of the control measures identified in the SIP as
meeting the RACM/RACT requirement. As stated in the September 22, 1994,
Federal Register document, the State did not take any emission
reduction credit for the wood stove certification program. See 59 FR
48585. RACM/RACT does not require the implementation of all available
control measures where an area demonstrates timely attainment of the
NAAQS and implementation of additional control measures would not
expedite attainment. See 57 FR 13498, 13540-13544 (April 10, 1992).
The September 22, 1994 document discussed whether, assuming the
implementation of control measures on wood smoke as identified in the
SIP, RACM/RACT required the imposition of controls on emissions of
other sources of PM10 in the nonattainment area, such as road
dust, prescribed silvicultural and agricultural burning, and stationary
sources. See 59 FR 48585. EPA preliminarily concluded that additional
controls on these sources would not be necessary, assuming
implementation of the proposed wood smoke controls, either because
emissions from such sources were insignificant or because additional
controls on such sources were not necessary for and would not expedite
attainment. Now that the State has fully implemented the wood smoke
controls discussed in the SIP and demonstrated that such controls
result in timely attainment of the PM10 standard, EPA concludes
that RACM/RACT does not require additional controls on sources other
than wood smoke.1 Accordingly, for the reasons set forth in the
September 22, 1994, Federal Register document and the reasons set forth
herein, EPA is approving the State's control measures as meeting the
RACM/RACT requirement.
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\1\ As discussed in Section II.6 below, the State has recently
identified in the nonattainment area two major sources of NOX,
which is a precursor to particulate formation under certain
meteorological conditions. Whether RACM requires the implementation
of additional controls on these major sources of NOX is
discussed in Section II.6 below.
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4. Attainment Demonstration
As discussed in the September 22, 1994, Federal Register document,
IDEQ conducted modeling which demonstrated the nonattainment area will
be in attainment of the 24-hour PM10 NAAQS during the period of
1993 through 2000. However, because IDEQ had not demonstrated to EPA
that it had adopted the wood smoke control measures necessary to
achieve the emission reductions identified in the SIP, EPA proposed to
disapprove the attainment demonstration. See 59 FR 48586. Now that IDEQ
has demonstrated that the necessary control measures have been adopted
and implemented and EPA is approving those measures as meeting the
RACM/RACT requirement, EPA is giving full approval to the State's
attainment demonstration.
A review of monitored data in the Northern Ada County NAA indicates
that no exceedences of the standard have occurred since January 7,
1991. Over time, the expected exceedence rate for the 24-hour standard
has been steadily decreasing, from a high of 4.5 during the three-year
period 1986-1988 to 0.0 for the period 1992-1994. Based on the
monitored data, it appears the nonattainment area has attained the 24-
hour PM10 standard.
5. Quantitative Milestones and Reasonable Further Progress
The State's initial SIP submittal also met the requirements for
quantitative milestones and Reasonable Further Progress (RFP). In the
September 22, 1994, Federal Register document, however, EPA proposed
disapproving these requirements because attainment and maintenance of
the standard was predicated on control measures that had not been
incorporated into the SIP. See 59 FR 48586-48587. Now that this
deficiency has been corrected by the December 31, 1994, submittal, EPA
is fully approving State's plan as meeting the quantitative milestones
and RFP requirements.
6. PM10 Precursors
The September 22, 1994, Federal Register document proposed to grant
the exclusion from controls authorized under Section 189(e) of the Act
for major stationary sources of PM10 precursors in the
nonattainment area. See 59 FR 48587. EPA proposed a finding that major
stationary sources of PM10 precursors did not contribute
significantly to PM10 levels in excess of the NAAQS in the
nonattainment area. IDEQ has subsequently submitted information
identifying in the nonattainment area two major stationary sources of
NOx, a PM10 precursor under certain meteorological
conditions. Northwest Pipeline has a potential to emit 314 tons of
NOx per year and St. Alphonsus Hospital has the potential to emit
116 tons of NOx per year. The SIP provides an adequate
demonstration that implementation of RACT will be sufficient to attain
the PM10 by the applicable attainment date. In addition, EPA
reviewed the ambient air quality data from 1992, 1993, and 1994 and
determined that the area attained the NAAQS by December 31, 1994. Thus,
although there are two major stationary sources of PM10 precursors
in the nonattainment area, EPA believes these sources do not contribute
significantly to PM10 levels in excess of the NAAQS in the
nonattainment area. Therefore, Section 189(e) of the Clean Air Act does
not require the imposition of control requirements on major stationary
sources of PM10 precursors in the nonattainment area.
7. Enforceability of Control Measures
In the September 22, 1994, Federal Register document, EPA reserved
judgment on the enforceability of the identified control measures
because several of the control measures relied on by the State in its
SIP submittal had not been submitted to EPA. See 59 FR 48587. As
discussed in Section II.3 above, IDEQ has now submitted those control
measures to EPA, and EPA has determined the control measures meet the
RACM/RACT requirement. The December 31, 1994, submittal includes a
description of each implementing ordinance, the agency responsible for
enforcement, enforcement procedures and penalties, and the steps the
State of Idaho would take should an agency fail to implement or enforce
its respective ordinance, as required by Section 110(a)(2)(E) of the
Clean Air Act. Specifically, IDEQ has committed to impose Tier II
operating permits on all owners and operators of wood stoves within the
nonattainment area should a local agency fail to implement its
ordinance, and IDEQ has demonstrated its authority to do so. In
summary, EPA believes that IDEQ has satisfied the enforceability
requirements of Title I of the Act, including the requirements of
Section 110(a)(2)(E), and is therefore fully approving the State's SIP
as meeting these requirement.
8. Contingency Measures
Section 172(c)(9) of the Act requires that contingency measures be
included in each moderate area PM10 nonattainment plan. These
measures must take effect without further action by the State or EPA
upon a
[[Page 27022]]
determination that the area has failed to make Reasonable Further
Progress (RFP) or attain the PM10 NAAQS by the applicable
statutory deadline, and should result in emission reductions
approximately equal to the emissions reductions necessary to
demonstrate RFP. See generally 57 FR 13510-13512 and 13543-13544. For a
moderate PM10 nonattainment area, such as Northern Ada County,
with a three to four year period between SIP development and the
attainment date, this would mean that contingency measures should
result in emission reductions equal to at least 25 percent of the
emission reductions in the total control strategy. 57 FR 13544. A State
may rely on ``over control'' as a contingency measure, that is, rely on
control measures that are part of the core control strategy in the SIP,
if such control measures result in emission reductions greater than
those required to achieve the 24-hour NAAQS standard of 150 g/
m3.
On July 13, 1995, IDEQ submitted contingency measures to EPA for
approval which were a combination of over control from the wood smoke
control measures and new controls on fugitive road dust. Modeling of
the core control measures in the SIP for the Northern Ada County
nonattainment area indicates a 17 g/m\3\ reduction in the 24-
hour standard (from 164 g/m\3\ to 147 g/m\3\). This
means that the core control measures in the SIP result in over control
of 18 percent (ratio of the difference between 147 g/m\3\ and
150 g/m\3\ to 17 g/m\3\). To obtain the additional 7
percent of emission reductions needed for 25 percent reduction of
emissions through contingency measures, the State has adopted a program
for the reduction of fugitive road dust. The State's submittal includes
a signed agreement between the Idaho Transportation Department, Ada
County Highway District, and IDEQ, which details a road sweeping
program designed to reduce particulate emissions by prioritizing road
sanding such that streets with the highest potential to emit PM10,
in the form of re-entrained dust, are swept first, and more frequently.
IDEQ retains the authority to review and approve any changes to the
plan. The State anticipates that this road dust program will result in
an additional 9 percent reduction in PM10 emissions. Together with
the 18 percent in emission reductions achieved through over control,
the State's contingency measures are predicted to result in more than
25 percent of the total reductions necessary for attainment. EPA
therefore approves the contingency measures submitted by the State on
July 13, 1995.
9. New Source Review
States with initial moderate PM10 nonattainment areas were
required to submit a permit program for the construction and operation
of new and modified stationary sources of PM10 by June 30, 1992.
See Section 189(a) of the Clean Air Act. This permit program element,
known as the New Source Review (NSR) program, was submitted by the
State of Idaho on May 17, 1994. EPA notified the State on June 10,
1994, that its NSR program submittal was complete. EPA is currently
reviewing Idaho's NSR program submittal to determine if the program
meets the requirements of the Act. EPA intends to take action on
Idaho's NSR program in another rulemaking after EPA has completed its
review.
III. This Action
EPA is granting full approval to the November 14, 1991, Northern
Ada County PM10 SIP, as supplemented by additional information
which IDEQ has submitted since that time. IDEQ has demonstrated that
the SIP meets the applicable requirements of the Act.
IV. Administrative Review
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under Section 110 and Subchapter I, Part D, of the
CAA do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval process does not impose any new requirements, I certify that
it does not have a significant impact on any small entities affected.
Moreover, due to the nature of the Federal-State relationship under the
CAA, preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
Under Section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate; or to the private sector, of $100
million or more. Under Section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely affected by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 Clean Air
Act Amendments enacted on November 15, 1990. The EPA has determined
that this action conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, EPA Assistant
Administrator for Air and Radiation. The Office of Management and
Budget has exempted this regulatory action from Executive Order 12866
review.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective July 29, 1996
[[Page 27023]]
unless, by July 1, 1996 adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective July 29, 1996.
Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 29, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See Section 307(b)(2), 42 U.S.C.
7607(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.
Note: Incorporation by reference of the Implementation Plan for
the State of Idaho was approved by the Director of the Office of
Federal Register on July 1, 1982.
Dated: March 20, 1996.
Chuck Clarke,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart N--Idaho
2. Section 52.670 is amended by adding paragraph (c)(31) to read as
follows:
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
(31) On November 14, 1991, and on December 30, 1994, the Idaho
Department of Health and Welfare (IDHW) submitted revisions to the
Idaho State Implementation Plan (SIP) for the Northern Ada County/Boise
Particulate (PM10) Air Quality Improvement Plan.
(i) Incorporation by reference.
(A) November 14, 1991, letter from the IDHW Administrator to the
EPA Region 10 Regional Administrator submitting a revision to the Idaho
SIP for the Northern Ada County/Boise Particulate Air Quality
Improvement Plan; The Northern Ada County Boise Particulate (PM10)
Air Quality Improvement Plan adopted on November 14, 1991.
(B) December 30, 1994, letter from the IDHW Administrator to the
EPA Region 10 Regional Administrator including a revision to the Idaho
SIP for the Northern Ada County/Boise PM10 Air Quality Improvement
Plan; Appendix C-1, Supplemental Control Strategy Documentation,
Northern Ada County/Boise PM10 Air Quality Improvement Plan,
adopted December 30, 1994, with the following attachments: Garden City
Ordinances #514 (May 14, 1987), #533 (January 10, 1989) and #624
(September 13, 1994); Meridian Ordinance #667 (August 16, 1994); Eagle
Ordinance #245 (April 26, 1994); Ada County Ordinance #254 (November 3,
1992); and Table Ordinance-1 (December 30, 1994).
[FR Doc. 96-12888 Filed 5-29-96; 8:45 am]
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