[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]



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.


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 

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 
    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. 
    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 

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:


1. The authority citation for part 52 continues to read as follows:

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

Subpart N--Idaho

2. Section 52.670 is amended by:
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).''
b. In paragraph (d) by removing the entry for ``Louisiana Pacific 
Corporation, Sandpoint, Idaho.''
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.

* * * * *
    (c) * * *

                                   EPA-Approved Idaho Regulations and Statutes
                                                        State effective
         State citation              Title/subject           date          EPA approval date     Explanations
                                                  * * * * * * *
                                           City and County Ordinances
                                                  * * * * * * *
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.
                                                  * * * * * * *

* * * * *
    (e) * * *

                                        EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
       Name of SIP provision         geographic or non-        State        EPA approval date                           Comments
                                       attainment area    Submittal date
                                                                      * * * * * * *
Sandpoint PM10 Nonattainment Area   Bonner County:            12/14/2011  04/03/2013..........
 Limited Maintenance Plan.           Sandpoint Area.                      [Insert page number
                                                                           where the document

[[Page 20004]]

* * * * *


3. The authority citation for part 81 continues to read as follows:

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

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 

Sec.  81.313  Idaho.

* * * * *

                                                    Designation                         Classification
            Designated area            -------------------------------------------------------------------------
                                            Date              Type               Date              Type
                                                  * * * * * * *
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.
                                                  * * * * * * *

* * * * *
[FR Doc. 2013-07647 Filed 4-2-13; 8:45 am]