[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Rules and Regulations]
[Pages 20001-20004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07647]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[Docket No.: EPA-R10-OAR-2012-0017; FRL-9796-5]
Approval and Promulgation of Implementation Plans; Idaho:
Sandpoint PM10 Nonattainment Area Limited Maintenance Plan and
Redesignation Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving in part and disapproving in part the
Limited Maintenance Plan (LMP) submitted by the State of Idaho on
December 14, 2011, for the Sandpoint nonattainment area (Sandpoint NAA)
for particulate matter with an aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM10), and approving the
State's request to redesignate this area to attainment for the
PM10 National Ambient Air Quality Standards (NAAQS). The EPA
is disapproving a separable part of the Sandpoint NAA LMP that does not
meet LMP eligibility criteria or applicable requirements under the
Clean Air Act (CAA). The part of the Sandpoint NAA LMP that the EPA is
approving complies with applicable requirements and meets the
requirements of the CAA for full approval. The EPA is also approving
the State's redesignation request because it meets CAA requirements for
redesignation.
DATES: This final rule is effective on May 3, 2013.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2012-0017. All documents in the
docket are listed on the www.regulations.gov Web site. Although listed
in the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357,
[email protected], or the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Information is organized as follows:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
[[Page 20002]]
I. Background
On July 1, 1987, the EPA promulgated National Ambient Air Quality
Standards (NAAQS) for particulate matter with a nominal aerodynamic
diameter less than or equal to 10 micrometers (PM10) (52 FR
24634). The EPA established a 24-hour standard of 150 [micro]g/m\3\ and
an annual standard of 50 [micro]g/m\3\, expressed as an annual
arithmetic mean. The EPA also promulgated secondary PM10
standards that were identical to the primary standards. In a rulemaking
action dated October 17, 2006, the EPA retained the 24-hour
PM10 standard but revoked the annual PM10
standard (71 FR 61144, effective December 18, 2006).
On August 7, 1987, the EPA designated the Sandpoint area as a
PM10 nonattainment area due to measured violations of the
24-hour PM10 standard (52 FR 29383). The notice announcing
the designation upon enactment of the 1990 CAA Amendments was published
on March 15, 1991 (56 FR 11101). On November 6, 1991, the Sandpoint
nonattainment area (Sandpoint NAA) was subsequently classified as
moderate under sections 107(d)(4)(B) and 188(a) of the CAA (56 FR
56694).
After the Sandpoint NAA was designated nonattainment for
PM10, the State worked with the communities of Sandpoint,
Kootenai, and Ponderay to develop a plan to bring the area into
attainment no later than December 31, 1996. The State submitted the
plan to the EPA on August 16, 1996, as a moderate PM10 State
Implementation Plan (SIP) under section 189(a) of the CAA. The moderate
PM10 SIP included a comprehensive residential wood
combustion program, controls on fugitive road dust and emission
limitations on industrial sources. The EPA took final action to approve
the Sandpoint moderate PM10 SIP on June 26, 2002 (67 FR
43006). Subsequently on June 22, 2010, the EPA determined that the
Sandpoint NAA attained the PM10 NAAQS (75 FR 35302).
On December 14, 2011, the State submitted to the EPA the Sandpoint
PM10 Limited Maintenance Plan (LMP) and requested that the
EPA redesignate the Sandpoint NAA to attainment for the PM10
NAAQS. The State also requested to revise control measures in the
Sandpoint PM10 SIP. On February 1, 2013, the EPA published a
Notice of Proposed Rulemaking (NPR) addressing the State's December 14,
2011 submittal (78 FR 7340). In the NPR, the EPA proposed to approve in
part and disapprove in part the Sandpoint NAA LMP submitted by the
State and to approve the State's request to redesignate this area to
attainment for the PM10 NAAQS. A detailed description of the
proposed partial approval and partial disapproval can be found in the
NPR. The EPA provided a 30-day review and comment period on the NPR,
published on February 1, 2013 (78 FR 7340). The public comment period
for the EPA's NPR closed on March 4, 2013. The EPA received no comments
on the proposed action.
II. Final Action
The EPA is approving in part and disapproving in part the Sandpoint
NAA LMP submitted by the State on December 14, 2011, and approving the
State's request to redesignate this area to attainment for the
PM10 NAAQS. The Sandpoint NAA LMP submittal included a
request to approve revisions to the control measures included in the
PM10 attainment SIP for the Sandpoint NAA. The EPA is
approving the revised Sandpoint City Ordinance 965 for control of
residential burning because it strengthens the SIP. The EPA is also
approving the State's request to remove the Louisiana-Pacific
Corporation--Sandpoint operating permit control measure from the SIP
because the facility has ceased operations and has been dismantled.
However, the EPA is disapproving the State's request to remove the
operating permits for two other sources because these sources are still
in operation and the State did not provide a demonstration that removal
of the two permits would not interfere with attainment or maintenance
of the NAAQS. In addition, the removal of controls that were relied on
to demonstrate attainment would disqualify the Sandpoint NAA for LMP
eligibility and require that the State submit a full maintenance plan.
Because the State submitted the Sandpoint NAA LMP intending to qualify
for the LMP option, and did not submit a full maintenance plan, the EPA
is disapproving the separable portion of the submittal that is not
consistent with the LMP qualifying criteria. This partial disapproval
does not prevent the State from submitting a request for approval of a
SIP revision demonstrating that the removal of the two operating
permits does not interfere with attainment or maintenance of the NAAQS.
The EPA's partial disapproval will be simultaneously corrected
because the EPA is, in this same action, fully approving the Sandpoint
NAA LMP with all control measures in place. Therefore, a fully approved
LMP is in place and no further submittal is required from the State to
address the partial disapproval.
III. Statutory and Executive Order Reviews
Under the CAA, 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to 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 the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and the EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
[[Page 20003]]
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 3, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate Matter, and Reporting and recordkeeping
requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 18, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart N--Idaho
0
2. Section 52.670 is amended by:
0
a. In paragraph (c) by removing the entry for ``City of Sandpoint
Ordinance No. 965'' and adding in its place the following entry for
``City of Sandpoint Chapter 8 Air Quality (4-8-1 through 4-8-14).''
0
b. In paragraph (d) by removing the entry for ``Louisiana Pacific
Corporation, Sandpoint, Idaho.''
0
c. In paragraph (e) by adding an entry to the end of the table.
The additions read as follows:
Sec. 52.670 Identification of plan.
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(c) * * *
EPA-Approved Idaho Regulations and Statutes
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State effective
State citation Title/subject date EPA approval date Explanations
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* * * * * * *
City and County Ordinances
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* * * * * * *
City of Sandpoint Chapter 8 Air Solid Fuel Heating 09/21/11 (City 04/03/13.......... Codified version
Quality (4-8-1 through 4-8-14). Appliances. adoption date). [Insert page of City of
number where the Sandpoint
document begins]. Ordinance No. 965
as amended by
Ordinance No.
1237 and
Ordinance No.
1258. Sandpoint
PM10 Limited
Maintenance Plan.
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(e) * * *
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable
Name of SIP provision geographic or non- State EPA approval date Comments
attainment area Submittal date
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* * * * * * *
Sandpoint PM10 Nonattainment Area Bonner County: 12/14/2011 04/03/2013..........
Limited Maintenance Plan. Sandpoint Area. [Insert page number
where the document
begins].
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[[Page 20004]]
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.313, the table entitled ``Idaho-PM-10'' is amended by
revising the entry for ``Bonner County: Sandpoint Area'' to read as
follows:
Sec. 81.313 Idaho.
* * * * *
Idaho-PM-10
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Designation Classification
Designated area -------------------------------------------------------------------------
Date Type Date Type
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Bonner County: Sandpoint Area: Section 06/3/13 Attainment
1-3, 9-12, 15, 16, 21, 22, 27, 28 of
range 2 west and Township 57 north;
and the western [frac34] of Sections
14, 23 and 26 of the same Township
and range coordinates.
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[FR Doc. 2013-07647 Filed 4-2-13; 8:45 am]
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