[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Rules and Regulations]
[Pages 59435-59438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23365]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2013-0247; FRL-9917-38-Region 10]
Revision to the Idaho State Implementation Plan; Approval and
Promulgation of Air Quality Implementation Plans: Idaho, Northern Ada
County PM10 Second Ten-Year Maintenance Plan and Pinehurst
PM10 Contingency Measures
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Northern Ada County PM10 Second Ten-Year Maintenance Plan
submitted by the Idaho Department of Environmental Quality (IDEQ) on
March 11, 2013, for particulate matter with an aerodynamic diameter
less than or equal to ten micrometers (PM10). Northern Ada
County was identified as an area of concern for PM10 with
the promulgation of the PM10 NAAQS in 1987, and was formally
designated as a moderate PM10 nonattainment area upon
passage of the 1990 Clean Air Act (CAA) amendments. In October 2003,
the EPA approved the Northern Ada County PM10 Maintenance
Plan and redesignated the area to attainment for PM10. This
revised Maintenance Plan addresses maintenance of the PM10
standard for a second ten-year period beyond redesignation through
2023, extends the horizon years, and contains revised transportation
conformity budgets. The EPA is also approving the February 15-16, 2011
high wind exceptional event at the Boise Fire Station monitor, as well
as contingency measures for the Pinehurst PM10 Air Quality
Improvement Plan. The EPA is approving the second ten-year
PM10 Maintenance Plan for Northern Ada County and the
Pinehurst PM10 contingency measures pursuant to section 110
of the CAA. The EPA is approving the February 2011 exceptional event
pursuant to 40 CFR 50.14. The EPA received one set of adverse comments
focused primarily on proposed coal export terminals that may be built
in Oregon and Washington that may affect Northern Ada County.
DATES: This final rule is effective on November 3, 2014.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2013-0247. All documents in the
docket are listed on the http://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 http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington
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 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lucy Edmondson at (360)753-9082 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. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Northern Ada County was identified as an area of concern for
PM10 with the promulgation of the PM10 NAAQS in
1987, and was formally designated as a moderate PM10
nonattainment area upon passage of the 1990 CAA amendments. Idaho
developed a state implementation plan (SIP) and submitted it to the EPA
in November 1991, later submitting revisions in December 1994 and July
1995. The EPA approved the Northern Ada County PM10 SIP on
May 30, 1996 (61 FR 27019). Idaho submitted a maintenance plan and a
request to redesignate the area to attainment on September 27, 2002,
and provided supplemental information on July 10 and 21, 2003. On
October 27, 2003, the EPA approved the Northern Ada County
PM10 Maintenance Plan and redesignated the area to
attainment status for PM10 (68 FR 61106).
In actions dated August 25, 1994 (59 FR 43475) and May 26, 1995 (60
FR 27891), the EPA conditionally approved the SIP for the Pinehurst,
Idaho PM10 nonattainment area. The conditional approval
concluded that IDEQ had not satisfied the requirement for contingency
measures for both the City
[[Page 59436]]
of Pinehurst and the Pinehurst Expansion area. The EPA set a deadline
of July 20, 1995 for IDEQ to submit the required contingency measures.
IDEQ met the established deadline with its submission ``Contingency
Measures for the Pinehurst PM10 Air Quality Improvement
Plan,'' dated July 13, 1995.
On September 23, 2013, IDEQ submitted documentation in accordance
with the Exceptional Events Rule (40 CFR 50.14) to demonstrate that the
monitored PM10 values on February 15-16, 2011 at the Boise
monitor were due to a high wind event and resulting dust storm that
originated in Nevada. The EPA proposed approval of this maintenance
plan and the Pinehurst Contingency Measures on February 20, 2014 (79 FR
9697).
II. Response to Comments
On March 24, 2014, the EPA received one set of comments opposing
the EPA's proposed approval of Northern Ada County PM10
Second Ten-Year Maintenance Plan (Ada County PM10 plan). The
comments were focused on the potential impact that possible coal export
terminals, proposed to be built in the Pacific Northwest, could have on
PM10 concentrations in the maintenance area. These comments
are similar to comments previously submitted on February 22, 2013,
related to emissions impacts of locomotive coal transport in the
emissions inventory for the Tacoma fine particulate (PM2.5)
nonattainment area (78 FR 32131, May 29, 2013) and comments submitted
on March 10, 2014, related to the Kent, Seattle, and Tacoma Second 10-
Year PM10 Limited Maintenance Plan (79 FR 49239, August 20,
2014). The EPA responded to these comments in the May 29, 2013 and
August 20, 2014 final rulemakings. Due to the specific focus of today's
action, the EPA is only addressing those comments directly relevant to
the Ada County PM10 plan.
A. Calculating Growth in Locomotive Traffic
Comment: The commenter requested that the EPA disapprove the Ada
County PM10 plan because the plan relied on general growth
factors in estimating future railroad traffic without consideration of
future growth associated with proposed coal export terminals that may
be built in Oregon and Washington.
Response: The EPA guidance regarding development of emissions
inventories requires states to consider reasonably anticipated growth
in emission sources such as increased vehicle miles traveled,
population growth, and possible emissions growth at permitted
stationary sources.\1\ None of the projects in question are far enough
along in their development that the scope or impact of their emissions
can be estimated with any degree of certainty. In this case, the
Washington State Environmental Policy Act (SEPA) and/or the National
Environmental Policy Act (NEPA) processes for coal export proposals
cited in the March 24, 2014 letter are ongoing. It is not known whether
the facilities will be constructed, and if they are constructed, the
size and scope of operations that would be authorized. In addition, as
the commenter notes, there are several possible rail routes that could
be used in the future and it is not known whether locomotive traffic
associated with coal shipments would traverse or bypass the Ada County
maintenance area or, as may be the case, whether routes would
constantly vary based on decisions by the rail operator. Given the
range of uncertainty surrounding the proposed terminals, including
whether the terminals will be constructed, the location (s) of such
terminals and decisions of terminal and railway operators that would
affect rail routes, the EPA believes it would be unreasonable to
disapprove the Ada County PM10 plan on the basis that the
emissions inventory did not estimate potential future events that may
or may not impact the maintenance area. Should any of these coal export
facilities be built in the future, both the EPA and the State have the
authority under the EPA's longstanding guidance regarding contingency
measures to reexamine emissions inventories and establish additional
control measures if a noticeable impact on PM10 levels in
Ada County were to occur.\2\
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\1\ Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter NAAQS and Regional Haze Regulations--EPA-454/R-
05-001. August, 2005, updated November 2005 (hereafter ``emissions
inventory guidance'' or ``guidance'').
\2\ Procedures for Processing Requests to Redesignate Areas to
Attainment. John Calcagni, Director, Air Quality Management Division
to Regional Air Directors, September 4, 1992.
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B. Calculating Fugitive Dust Impacts From Coal Export Locomotive
Traffic
Comment: The commenter noted Washington State's Kent, Seattle, and
Tacoma Second 10-Year PM10 Limited Maintenance Plan
submittal which included a calculation of estimated fugitive coal dust
emissions as part of the 2011 baseline emissions inventory for that
area (Docket No. EPA-R10-OAR-2013-0713)(Kent, Seattle, and Tacoma
PM10 plan). The commenter requested that the EPA disapprove
the Ada County PM10 plan because it did not contain a
comparable estimate of fugitive coal dust emissions.
Response: A key difference between the Washington and Idaho plans
is that there is already coal-related locomotive activity through the
Washington maintenance areas on the way to export through Canada,
captured as part of the 2011 baseline emissions inventory. The
commenter provides no compelling evidence to suggest that Ada County
experiences similar Canadian export traffic like Kent, Seattle, and
Tacoma. Instead the commenter's focus is on proposed export terminals
that may or may not be built in Oregon and Washington. As noted above,
consideration of potential, future impacts of projects that may or may
not be built is not a reasonable basis for disapproving the Ada County
PM10 plan. The EPA also notes that the commenter raised
several issues specific to the Kent, Seattle, and Tacoma
PM10 plan fugitive dust estimation methodology which are not
germane to the Ada County PM10 plan and therefore not
addressed here.
Comment: The Commenter noted that modeling conducted by the Sierra
Club of the potential impacts of the proposed Ambre Energy Coyote
Island Terminal in Morrow predicts elevated PM2.5 emissions.
The commenter indicates that results for PM2.5 could be
assumed to be PM10 and that this information is enough to
conclude that there would be high levels of PM10 emissions
that could result in exceedances in Ada County.
Response: The Tran Modeling analysis evaluated potential emissions
from the proposed Ambre Energy Coyote Island Terminal in Morrow, Oregon
and calculated emissions near the facility at values above the NAAQS.
Given the uncertainty surrounding the proposed Morrow Terminal,
including whether the facility will be constructed, the EPA believes it
would be unreasonable to disapprove the Ada County PM10
Maintenance Plan on the basis of this modeling analysis. In addition,
because the modeling predicts emission levels near the facility in
Oregon, the EPA believes it is unreasonable to draw conclusions about
how these emissions could affect Ada County, Idaho. Should this
facility be built in the future, both the EPA and the state have the
authority under the EPA's longstanding guidance regarding contingency
measures to establish additional control measures if a noticeable
impact on PM10 levels in Ada County were to occur.
[[Page 59437]]
III. Final Action
The EPA is taking final action to approve the Northern Ada County
PM10 Second Ten-Year Maintenance Plan and Pinehurst
PM10 Contingency Measures. This action approves and
incorporates into the SIP the PM10 control measures
submitted by IDEQ on March 11, 2013 and July 13, 1995, respectively.
The EPA is also approving the February 15-16, 2011 high wind
exceptional event at the Boise Fire Station monitor. Provisions
describing state or local enforcement authority are not incorporated
into the SIP to avoid potential conflict with the EPA's independent
authorities.
IV. 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 CAA; 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).
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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
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 December 1, 2014. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 11, 2014.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. In Sec. 52.670, paragraph (e), the table entitled ``EPA-APPROVED
IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES'' is
amended by adding two new entries at the end of the table.
The additions read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable
Name of SIP provision geographic or State EPA approval date Comments
nonattainment area submittal date
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* * * * * * *
Northern Ada County PM10 Second Northern Ada County 3/11/13 10/2/14 [Insert FR
Ten-Year Maintenance Plan. citation].
Pinehurst PM10 Contingency Pinehurst/Shoshone 7/13/95 10/2/14 [Insert FR
Measures. County. citation].
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0
3. Section 52.672 is amended by revising paragraph (e)(2) and adding
paragraph (e)(3) to read as follows:
Sec. 52.672 Approval of plans.
* * * * *
(e) * * *
(2) EPA approves as a revision to the Idaho State Implementation
Plan, the Northern Ada County PM10 Second Ten-Year
Maintenance Plan adopted by the State on March 11, 2013.
(3) EPA approves as a revision to the Idaho State Implementation
Plan, the Pinehurst PM10 Contingency Measures, adopted by
the State on July 13, 1995.
* * * * *
[FR Doc. 2014-23365 Filed 10-1-14; 8:45 am]
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