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Approval and Promulgation of State Implementation Plans and Designation of Areas for Air Quality Planning Purposes: Ada County/ Boise, ID Area
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 30, 2003 (Volume 68, Number 146)]
[Proposed Rules]
[Page 44715-44722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy03-28]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[ID-02-003; FRL -7537-8]
Approval and Promulgation of State Implementation Plans and
Designation of Areas for Air Quality Planning Purposes: Ada County/
Boise, ID Area
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA, Agency, or we)
proposes to rescind its earlier finding that the PM10
standards promulgated on July 1, 1987 and the accompanying
nonattainment designation and classification are no longer applicable
in the Ada County/Boise, Idaho area, and simultaneously, to approve a
PM10 SIP maintenance plan for the Ada County/Boise Idaho
area and to redesignate the area from nonattainment to attainment.
PM10 air pollution is suspended particulate matter with a
diameter less than or equal to a nominal ten micrometers.
DATES: Written comments must be received on or before August 29, 2003.
ADDRESSES: Written comments should be addressed and mailed to Donna
Deneen, Office of Air Quality, (OAQ-107), EPA Region 10, 1200 Sixth
Avenue, Seattle, Washington, 98101. Copies of documents relevant to
this action are available for public review during normal business
hours (8 a.m. to 4:30 p.m.) at this same address. Comments may also be
submitted electronically, or through hand delivery/courier. Detailed
instructions for submitting comments are described in the Supplementary
Information section, under ``How can comments be made on this
rulemaking?''
FOR FURTHER INFORMATION CONTACT: Donna Deneen, Office of Air Quality
(OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle, Washington,
98101, (206) 553-6706.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
1. What is the purpose of this rulemaking?
2. What is a State Implementation Plan (SIP)?
3. What National Ambient Air Quality Standards (NAAQS) are
considered in today's rulemaking?
4. What is the background information for this action?
5. What are the air quality characteristics of the area?
6. What criteria did EPA use to review the redesignation request
and maintenance plan?
7. How does the State show that the area has attained the
PM10 NAAQS?
8. Does the area have a fully approved nonattainment SIP?
9. Are the improvements in air quality which warrant this
redesignation permanent and enforceable?
10. Has the State met all the planning requirements applicable
to this area?
11. How does the State meet Section 110 requirements?
12. How does the State meet Part D requirements?
13. How does the State meet the Section 172(c) plan provisions
requirements?
14. How does the State meet Subpart 4 requirements?
15. Has the State submitted a fully approvable maintenance plan
for the area?
16. How has the State met the attainment year emission inventory
requirement?
17. How does the State demonstrate maintenance of the
PM10 standards in the future?
18. How will the State monitor air quality to verify continued
attainment?
19. What contingency measure will the State rely upon to correct
any future violation of the NAAQS?
20. How does this action affect Transportation Conformity?
II. How Can Comments Be Made on This Rulemaking?
III. Statutory and Executive Order Reviews
I. Background
1. What Is the Purpose of This Rulemaking?
This rulemaking proposes to take certain actions related to the
PM10 designation and classification of the Ada County/Boise,
Idaho area.\1\ First, EPA is proposing to rescind the March 12, 1999
finding (64 FR 12257) that the PM10 standards promulgated on July 1,
1987 (52 FR 24634) and the accompanying designation and classification
for PM10 no longer apply in the Ada County/Boise, Idaho
area. The intended effect of this proposal is to restore the
applicability of the current PM10 standards in the Ada
County/Boise, Idaho area as well as the nonattainment designation and
moderate classification associated with those standards. Secondly, EPA
is proposing to approve the PM10
[[Page 44716]]
maintenance plan for the Ada County/Boise, Idaho area as a SIP revision
and to redesignate the area to ``attainment'' for PM10.
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\1\ Although the State's maintenance plan and redesignation
request refers to ``Northern Ada County,'' we are using the term
``Ada County/Boise, Idaho'' or ``Ada County/Boise, Idaho area'' for
consistency with 40 CFR 81.313.
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The proposed redesignation to attainment is based on valid
monitoring data and projections of ambient air quality made in the
demonstration that accompanies the maintenance plan. EPA believes the
area will continue to meet the National Ambient Air Quality Standards
(NAAQS) for PM10 for at least ten years beyond this
redesignation, as required by the Act.
2. What Is a State Implementation Plan (SIP)?
The Clean Air Act requires states to attain and maintain ambient
air quality equal to or better than standards that provide an adequate
margin of safety for public health and welfare. These ambient air
quality standards are established by EPA and are known as the National
Ambient Air Quality Standards, or NAAQS.
The state's plans for attaining and maintaining the NAAQS are
outlined in the State Implementation Plan (or SIP) for that state. The
SIP is a planning document that, when implemented, is designed to
ensure the achievement of the NAAQS. Each state currently has a SIP in
place, and the Act requires that states make SIP revisions periodically
as necessary to provide continued compliance with the standards.
SIPs include, among other things, the following: (1) An inventory
of emission sources; (2) statutes and regulations adopted by the state
legislature and executive agencies; (3) air quality analyses that
include demonstrations that adequate controls are in place to meet the
NAAQS; and (4) contingency measures to take effect if an area fails to
attain the standards or to make reasonable progress toward attainment
by the required date.
The state must make the SIP available for public review and comment
through a public hearing. It also must be adopted by the state, and
submitted to EPA by the Governor or his appointed designee. After EPA
approves the SIP submission, the rules and regulations are rendered
federally enforceable. The approved SIP serves as the state's plan to
take actions that will reduce or eliminate air quality problems. Any
subsequent revisions to the SIP must go through the formal SIP revision
process specified in the Act.
The Idaho Department of Environmental Quality (Idaho DEQ, the
State, or Idaho) submitted a SIP for particulate matter in the Ada
County/Boise, Idaho nonattainment area in three parts on November 14,
1991, December 30, 1994, and July 13, 1995 (the 1991 PM10
SIP) and EPA approved it on May 30, 1996. Other SIP revisions, e.g.,
state-wide revisions affecting the area, have been submitted over the
intervening years and have likewise been approved. See 40 CFR 52.670.
The State submitted the maintenance plan and redesignation request for
the Ada County/Boise, Idaho area to EPA on September 27, 2002, and
provided supplemental information on July 10, 2003 and July 21, 2003,
as a revision to the SIP.
3. What National Ambient Air Quality Standards (NAAQS) Are Considered
in Today's Rulemaking?
This action by EPA pertains to Idaho's compliance with the
PM10 NAAQS. PM10 is particulate matter with an
aerodynamic diameter of less than ten micrometers (PM10).
The NAAQS are national standards for certain ambient air pollutants set
by EPA to protect public health and welfare. PM10 is among
the ambient air pollutants for which EPA has established health-based
standards.
PM10 causes adverse health effects by penetrating deep
in the lungs, aggravating the cardiopulmonary system. Children, the
elderly, and people with asthma and heart conditions are the most
vulnerable.
On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for
particulate matter with an indicator that includes only those particles
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM10). (See 40 CFR 50.6). The 24-hour primary
PM10 standard is 150 micrograms per cubic meter (ug/
m3), with no more than one expected exceedance per year over
a three year period. The annual primary PM10 standard is 50
ug/m3 as an expected annual arithmetic mean over a three
year period. The secondary PM10 standards, promulgated to protect
against adverse welfare effects, are identical to the primary
standards.
4. What Is the Background Information for This Action?
On August 7, 1987 (52 FR 29383), EPA identified the Ada County/
Boise, Idaho area as a PM110 ``Group I'' area of concern,
i.e., an area with a 95% or greater likelihood of violating the
PM10 NAAQS and requiring substantial SIP revisions. The area
was subsequently designated as a moderate PM10 nonattainment
area upon enactment of the Clean Air Act Amendments of 1990 (November
15, 1990).
The State developed a nonattainment area SIP revision designed to
bring about the attainment of the PM10 NAAQS. This was
submitted to EPA in three parts on November 14, 1991, December 30,
1994, and July 13, 1995. EPA fully approved this plan as a revision to
the Idaho SIP in a Federal Register Notice published on May 30, 1996
(61 FR 27019).
On July 18, 1997 (62 FR 38856), EPA revised the NAAQS standard for
PM10. Also, on July 18, 1997, we announced that the existing
PM10 standards and associated designations and
classifications would continue to apply for an interim period. In
addition, we identified the criteria for determining that the pre-
existing PM10 NAAQS would no longer be applicable for an
area. On March 12, 1999 (64 FR 12257), we issued final rules approving
Idaho's request that EPA revoke the pre-existing PM10 NAAQS,
along with the associated nonattainment designation and classification
for the Ada County/Boise, Idaho area because it had met the criteria.
The Environmental Defense Fund (EDF) and others filed a Petition for
Review in the U.S. Court of Appeals for the 9th Circuit opposing the
revocation of the existing PM10 standard in Idaho. Before
EPA responded to the petition, in a separate legal action, the U.S.
Court of Appeals for the District of Columbia vacated the revised 1997
PM10 standard. American Trucking Association, et al., v.
EPA, et al., and consolidated cases. Thus, because the pre-existing
PM10 standards were revoked for the Ada County/Boise, Idaho
area, and the revised 1997 PM10 standards were vacated, the
Ada County/Boise, Idaho area was left without federally applicable
PM10 standards. On June 26, 2000, EPA proposed to rescind
the finding that the pre-existing PM10 standards and the
accompanying designation and classification were no longer applicable
in the Ada County/Boise, Idaho area. 65 FR 39321.\2\ Soon after, the
EDF, Community Planning Association of Southwest Idaho, Idaho
Department of Environmental Quality (Idaho DEQ) and EPA reached a
settlement agreement that called for the submission of a maintenance
demonstration and plan containing motor vehicle emissions budgets for
the Ada County/Boise, Idaho area and other measures necessary to meet
the requirements of CAA section 175A as part of a petition for
redesignation of the area to attainment under section 107(d)(3)(E) of
the Clean Air Act. See 66 FR 8229 (January 30, 1999). On September 27,
2002, Idaho
[[Page 44717]]
DEQ submitted to EPA a maintenance plan and a request for redesignation
of the area to attainment.\3\ Idaho provided supplemental information
on July 10, 2003 and July 21, 2003.
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\2\ EPA extended the comment period for this rulemaking on July
26, 2000 (65 FR 45953) and later reopened the comment period on
September 11, 2000 (65 FR 54828). EPA took final action on only the
portion of the proposal related to the deletion of 40 CFR 50.6(d) on
December 22, 2000. 65 FR 80779.
\3\ Title I, section 107(d)(3)(D) of the Act and the general
preamble to Title I, 57 FR 13498 (April 16, 1992), allow the
Governor of a State to request the redesignation of an area from
nonattainment to attainment.
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5. What Are the Air Quality Characteristics of the Area?
The Ada County/Boise, Idaho area is located in the southwestern
part of Idaho and encompasses the northern half of Ada County. For a
legal description of the boundaries, see 40 CFR 81.313. The area
includes the City of Boise and some, but not all, of the surrounding
suburbs. The Boise Metropolitan Statistical Area, which includes Ada
County and Canyon County, is currently one of the fastest growing
metropolitan regions in the nation with a 2001 population of over
452,000. Four additional counties make up the remainder of a larger
region known as the Treasure Valley.
Located in the Boise River Valley, the Ada County/Boise, Idaho area
is prone to periods of air stagnation conditions due to atmospheric
inversions, especially during the winter. Stagnation periods, combined
with primary and secondary emissions of PM10, have lead to
exceedances of the PM10 NAAQS. As a result, the maintenance
plan submitted by the State focuses particularly on periods of air
stagnation when high levels of PM10 in the area are most
likely.
Since 1991, only one exceedance of the 24-hour standard in the Ada
County/Boise, Idaho area has been recorded. There have been six other
exceedances, all measured in winter months and recorded in 1991 or
earlier. There have been no exceedances of the annual PM10
standard since the PM10 standard was promulgated in 1987.
6. What Criteria Did EPA Use To Review the Redesignation Request and
Maintenance Plan?
The criteria used to review the maintenance plan and redesignation
request are derived from the Act, the General Preamble, and a policy
and guidance memorandum from John Calcagni, September 4, 1992,
Procedures for Processing Requests to Redesignate Areas to Attainment.
Section 107(d)(3)(E) of the Act states that the EPA can be redesignate
an area to attainment if the following conditions are met:
1. The Administrator has determined the area has attained the
NAAQS.
2. The Administrator has fully approved the applicable
implementation plan under Section 110(k).
3. The Administrator has determined that the improvement in air
quality is due to permanent and enforceable reductions in emissions.
4. The State has met all applicable requirements for the area under
Section 110 and Part D.
5. The Administrator has fully approved a maintenance plan,
including a contingency plan, for the area under Section 175A.
7. How Does the State Show That the Area Has Attained the
PM10 NAAQS?
Demonstrating that an area has attained the PM10 NAAQS
involves submission of ambient air quality data from an ambient air
monitoring network representing peak PM10 concentrations.
The data should be stored in the EPA Air Quality System. The 24-hour
PM10 NAAQS is 150 ug/m3. An area has attained the
24-hour standard when the average number of expected exceedances per
year is less than or equal to one, when averaged over a three year
period. (40 CFR 50.6) To make this determination, three consecutive
years of complete ambient air quality data must be collected in
accordance with federal requirements (40 CFR part 58, including
appendices).
An attainment determination was made for 1999-2001 (to include the
1999 baseline inventory year) as well as 2000-2002 (to reflect most
recent data). The data in EPA's Air Quality System show no exceedances
of the 24-hour PM10 standard in the Ada County/Boise, Idaho
Area during any of those four years (1999, 2000, 2001, or 2002).
Therefore, the average annual number of expected exceedances of the 24
hour standard for both periods, 1999-2001 and 2000-2002 is zero. Thus,
the Ada County/Boise, Idaho Area is in attainment with the 24-hour
PM10 NAAQS.
The annual PM10 NAAQS is 50 ug/m3. To
determine attainment, the standard is compared to the expected annual
mean, which is the average of the weighted annual mean for three
consecutive years. The weighted annual mean for each year, 1999 through
2002, is below 50 ug/m3 at all monitoring sites (it ranged
from 18 ug/m3 to 34 ug/m3). Consequently the
three year weighted annual mean is below 50 ug/m3. Thus the
Ada County/Boise, Idaho Area is in attainment with the annual
PM10 NAAQS.
8. Does the Area Have a Fully Approved Nonattainment SIP?
States containing initial moderate PM10 nonattainment
areas were required to submit a SIP by November 15, 1991, which
implemented reasonably available control measures (RACM) by December
10, 1993, and demonstrated attainment of the PM10 NAAQS by
December 31, 1994. The SIP for the area must be fully approved under
Section 110(k) of the Act, and must satisfy all requirements that apply
to the area. On May 30, 1996, (61 FR 27019), EPA fully approved the Ada
County/Boise, Idaho PM10 nonattainment area SIP originally
submitted by the State on November 14, 1991, and supplemented on
December 30, 1994 and July 13, 1995. The Part D NSR rules for
PM10 nonattainment areas were approved on July 23, 1993 (58
FR 39445) and amended on January 16, 2003 (68 FR 2217). The Ada County/
Boise, Idaho PM10 nonattainment SIP demonstrated attainment
of the PM10 NAAQS by December 31, 1994. Thus, the area has a
fully approved nonattainment SIP.
9. Are the Improvements in Air Quality Which Warrant This Redesignation
Permanent and Enforceable?
The State must be able to reasonably attribute the improvement in
air quality to permanent and enforceable emission reductions. In making
this showing, the State must demonstrate that air quality improvements
are the result of actual enforceable emission reductions. This showing
should consider emission rates, production capacities, and other
related information. The analysis should assume that sources are
operating at permitted levels (or historic peak levels) unless evidence
is presented that such an assumption is unrealistic.
Idaho has demonstrated that the air quality improvements in the Ada
County/Boise, Idaho area are the result of permanent enforceable
emission reductions and not a result of either economic trends or
meteorology. EPA concludes that the modeling demonstration shows that
the area will meet the NAAQS, even under worst case meteorological
conditions. The modeling demonstration assumes emission rates
corresponding to the control measures relied on by the 1991
PM10 SIP for the area (which are still being implemented and
relied on by the maintenance plan) as well as the terms and conditions
limiting primary and secondary particulate matter emissions in newly-
issued Tier II operating permits for twelve industrial sources. EPA
approved the control measures relied on for the 1991 PM10
SIP as
[[Page 44718]]
meeting the enforceability requirements on September 22, 1994 and May
30, 1996. 59 FR 48582 and 61 FR 27019. The Tier II Operating Permits
are issued under federally-approved IDAPA 58.01.01 and are enforceable
because they contain provisions that would result in penalties for not
meeting the terms and conditions limiting particulate matter.
Accordingly, Idaho can reasonably attribute improvement in air quality
to emission reductions from these permanent and enforceable measures.
Finally, with respect to economic trends, with the Ada County/Boise,
Idaho area currently one of the fastest growing metropolitan regions in
the nation, it is unlikely that air quality improvements are due to
this factor. Even though the economic trend is positive, air quality
improvements can still be expected because of the control measures that
are in place in combination with motor vehicle technology improvements.
In short, EPA believes that Idaho DEQ has demonstrated air quality
improvements are the result of permanent enforceable emission
reductions and not a result of economic trends or meteorological
conditions and has met the enforceability requirements of Section 175.
10. Has the State Met All the Planning Requirements Applicable to This
Area?
The September 1992 Calcagni memorandum directs states to meet all
of the applicable Section 110 and Part D planning requirements for
redesignation purposes. Thus, EPA interprets the Act to require state
adoption and EPA approval of the applicable programs under Section 110
and Part D that were due prior to the submission of a redesignation
request, before EPA may approve a redesignation request. How the State
has met these requirements is discussed below.
11. How Does the State Meet Section 110 Requirements?
Section 110(a)(2) of the Act contains general requirements for
nonattainment plans. These requirements include, but are not limited
to, submission of a SIP that has been adopted by the State after
reasonable notice and public hearing; provisions for establishment and
operation of appropriate apparatus, methods, systems and procedures
necessary to monitor ambient air quality; implementation of a permit
program; provisions for Part C--Prevention of Significant Deterioration
(PSD) and Part D--New Source Review (NSR) permit programs; criteria for
stationary source emission control measures, monitoring and reporting,
provisions for modeling; and provisions for public and local agency
participation. See the General Preamble for further explanation of
these requirements. 57 FR 13498 (April 16, 1992).
For purposes of redesignation, review of the Idaho SIP shows that
the State has satisfied all requirements under the Act. Further, in 40
CFR 52.673, EPA has approved Idaho's SIP for the attainment and
maintenance of the national standards under Section 110.
12. How Does the State Meet Part D Requirements?
Part D consists of general requirements applicable to all areas
which are designated nonattainment based on a violation of the NAAQS.
The general requirements are followed by a series of subparts specific
to each pollutant. All PM10 nonattainment areas must meet
the applicable general provisions of Subpart 1 and the specific
PM10 provisions in Subpart 4, ``Additional Provisions for
Particulate Matter Nonattainment Areas.'' The following paragraphs
discuss these requirements as they apply to the Ada County/Boise, Idaho
area.
13. How Does the State Meet the Section 172(c) Plan Provisions
Requirements?
Subpart 1, section 172(c) contains general requirements for
nonattainment plans. A thorough discussion of these requirements may be
found in the General Preamble. 57 FR 13538 (April 16, 1992). The
requirements for reasonable further progress, identification of certain
emissions increases, and other measures needed for attainment were
satisfied with the initial attainment plan for the Ada County/Boise,
Idaho area. The requirement for an emission inventory is satisfied by
the completion of the inventory required for the maintenance plan. The
requirements of the Part D New Source Review (NSR) program will be
replaced by the Part C Prevention of Significant Deterioration (PSD)
program for PM10 upon the effective date of this
redesignation action. The federally-approved PSD regulations for Idaho
can be found at IDAPA 16.01.012,07, as incorporated by reference by EPA
on July 28, 1982 (47 FR 32531), and most recently amended on January
16, 2003 (68 FR 2217).
14. How Does the State Meet Subpart 4 Requirements?
Part D, Subpart 4, Section 189(a), (c) and (e) requirements apply
to any moderate nonattainment area before the area can be redesignated
to attainment. The requirements which were applicable prior to the
submission of the request to redesignate the area must be fully
approved into the SIP before redesignating the area to attainment.
These requirements are discussed below:
(a) Provisions to assure that RACM was implemented by December 10,
1993;
(b) Either a demonstration that the plan provided for attainment as
expeditiously as practicable but not later than December 31, 1994, or a
demonstration that attainment by that date was impracticable;
(c) Quantitative milestones which were achieved every 3 years and
which demonstrate reasonable further progress (RFP) toward attainment
by December 31, 1994; and
(d) Provisions to assure that the control requirements applicable
to major stationary sources of PM10 also apply to major
stationary sources of PM10 precursors, except where the
Administrator determined that such sources do not contribute
significantly to PM10 levels which exceed the NAAQS in the
area.
As previously stated, EPA approved the 1991 PM10 SIP for
the Ada County/Boise, Idaho area containing the elements meeting
requirements (a) through (d) above on May 30, 1996 (61 FR 27019). Other
requirements were due at a later date.
States with PM10 nonattainment areas were required to
submit a permit program for the construction and operation of new and
modified major stationary sources of PM10 by June 30, 1992.
States also were to submit contingency measures by November 15, 1993,
which become effective without further action by the State or EPA, upon
a determination by EPA that the area has failed to achieve RFP or to
attain the PM10 NAAQS by the applicable statutory deadline.
See Sections 172(c)(9) and 189(a) and 57 FR 13543-13544.
Idaho has presented an adequate demonstration that it has met the
requirements applicable to the area under Section 110 and Part D. The
Part D NSR rules for PM10 nonattainment areas in Idaho were
approved by EPA on July 23, 1993 (58 FR 39445) and amended provisions
were approved by EPA on January 16, 2003 (68 FR 2217). The Clean Air
Act requires that contingency measures take effect if the area fails to
meet reasonable further progress requirements or fails to attain the
NAAQS by the applicable attainment date. The Ada County/Boise, Idaho
area attained the NAAQS for PM10 by the applicable
attainment date of December 31, 1994 (i.e., the average
[[Page 44719]]
annual number of expected exceedances of the 24-hour standard for the
three year period 1992-1994 was less than one and the average weighted
annual mean for the same period was below 50 ug/m3). Therefore,
contingency measures no longer are required under Section 172(c)(9) of
the Act. Contingency measures are also required for maintenance plans
under Section 175A(d). Idaho has provided contingency measures in the
maintenance plan for the Ada County/Boise, Idaho area to meet this
requirement. The contingency measures in the maintenance plan are
discussed below.
15. Has the State Submitted a Fully Approvable Maintenance Plan for the
Area?
Section 107(d)(3)(E) of the Act stipulates that for an area to be
redesignated to attainment, EPA must fully approve a maintenance plan
which meets the requirements of Section 175A. Section 175A defines the
general framework of a maintenance plan, which must provide for
maintenance, i.e., continued attainment, of the relevant NAAQS in the
area for at least ten years after redesignation. The following is a
list of core provisions required in an approvable maintenance plan.
1. The State must develop an attainment emissions inventory to
identify the level of emissions in the area which is sufficient to
attain the NAAQS.
2. The State must demonstrate maintenance of the NAAQS.
3. The State must verify continued attainment through operation of
an appropriate air quality monitoring network.
4. The maintenance plan must include contingency provisions to
promptly correct any violation of the NAAQS that occurs after
redesignation of the area.
As explained below, Idaho has complied with each of these
requirements in the PM10 maintenance plan for the Ada
County/Boise, Idaho area.
16. How Has the State Met the Attainment Year Emission Inventory
Requirement?
The State should develop an attainment year emissions inventory to
identify the level of emissions in the area which is sufficient to
attain the NAAQS. Where the State has made an adequate demonstration
that air quality has improved as a result of the central measures in
the SIP, the attainment inventory will generally be an inventory of
actual emissions at the time the area attained the standards. This
inventory should be consistent with EPA's most recent guidance on
emission inventories for nonattainment areas available at the time and
should include the emissions during the time period associated with the
monitoring data showing attainment.
Idaho used monitoring data from 1999, 2000, and 2001 to show
attainment of the NAAQS. The maintenance plan includes an attainment
year emissions inventory for 1999. The State chose 1999 for the
attainment year inventory because, among other things, it was the most
recent year in which an air stagnation episode occurred and for which
inventory data was available for collection. Based on the methodologies
used to develop the inventory and EPA's review of assumptions and
calculations, the inventory meets the inventory requirement in section
175a of the Act.
17. How Does the State Demonstrate Maintenance of the PM10
Standards in the Future?
A State may generally demonstrate maintenance of the NAAQS either
by showing that future emissions of a pollutant or its precursors will
not exceed the level of the attainment inventory, or by modeling to
show that the future anticipated mix of sources and emission rates will
not cause a violation of the NAAQS. Under the Act, PM10
areas were required to submit modeled attainment demonstrations to show
that proposed reductions in emissions will be sufficient to attain the
applicable NAAQS. For these areas, the maintenance demonstration should
be based upon the same level of modeling.
Because of the contribution of precursors to the formation of
PM10 in the Ada County/Boise, Idaho area, a dispersion model
that could account for PM10 formation chemistry was
necessary to demonstrate whether maintenance of the 24-hour standard
would be achieved in the future. After evaluation of three different
dispersion models, the State selected, and EPA agreed to, the selection
of CAMx as an appropriate model to use for this projection. It was
later shown to meet verification testing criteria.
To demonstrate attainment, Idaho used the model with meteorological
conditions corresponding to a period of air stagnation experienced in
1991 in the Ada County/Boise, Idaho area. We believe that Idaho
appropriately selected this event because it corresponded with one of
the area's highest PM10 episodes. The meteorological
conditions for this period, in combination with emissions projected for
future years 2010, 2015, and 2020 (reflecting control measures approved
under the 1991 PM10 SIP and newly issued Tier II operating
permits for twelve industrial sources), resulted in modeling results
showing no exceedances of the 24-hour PM10 standard of 150
ug/m3. Thus, these results demonstrate maintenance of the
24-hour NAAQS for PM10 in the Ada County/Boise, Idaho area
for at least ten years after redesignation to attainment.
For the PM10 annual standard, Idaho used a speciated
linear rollback technique for the demonstration. This analysis
indicates that the annual PM10 standard also is not expected
to exceed the annual PM10 standard for at least ten years
after redesignation to attainment.
After review and analysis of the attainment demonstration, EPA has
concluded that the plan is adequate to maintain the PM10
standards for at least ten years from designation of the Ada County/
Boise, Idaho area to attainment. See the Technical Support Document
accompanying this notice for further detail.
18. How Will the State Monitor Air Quality To Verify Continued
Attainment?
Once an area has been redesignated, the State must continue to
operate an appropriate air quality monitoring network, in accordance
with 40 CFR Part 58, to verify the attainment status of the area. The
maintenance plan should contain provisions for continued operation of
air quality monitors that will provide such verification. In its
submission, Idaho DEQ commits to continue to operate and maintain the
network of PM10 monitoring stations necessary to verify
ongoing compliance with the PM10 NAAQS in the Ada County/
Boise, Idaho area.
19. What Contingency Measures Will the State Rely Upon to Correct Any
Future Violation of the NAAQS?
Section 175A of the Act also requires that a maintenance plan
include contingency provisions, as necessary, to promptly correct any
violation of the NAAQS that occurs after redesignation. These
contingency measures are distinguished from those generally required
for nonattainment areas under Section 172(c)(9), which are discussed
above. At a minimum, the contingency measures must include a commitment
that the State will implement all measures contained in the
nonattainment SIP prior to redesignation.
[[Page 44720]]
The maintenance plan explains how the contingency plan requirements
are being met. First, the plan explains that the contingency measures
used for meeting contingency requirements in the 1991 PM10
SIP are being carried over to the maintenance plan. In the 1991
PM10 SIP, these measures (the mandatory residential wood
burning ban control measures and a fugitive road dust reduction
agreement) qualified as contingency measures because they provided for
more than the total contingency measure reductions necessary to
demonstrate attainment with the NAAQS. 61 FR 27022. In the maintenance
plan, these measures continue to provide for more than the total
reductions necessary to demonstrate attainment with the NAAQS since
neither the mandatory burn ban nor the fugitive road dust reduction
agreement were relied on fully to demonstrate maintenance of the NAAQS.
The maintenance plan also identifies a list of additional measures
that are being developed or can be implemented in Ada and/or Canyon
counties if there is a measured exceedance of the federal
PM10 standards. These additional measures, which are listed
below, are in various stages of implementation and development.\4\
---------------------------------------------------------------------------
\4\ For the purposes of section 175A, the State is not required
to have fully adopted contingency measures that will take effect
without further action by the State in order for the maintenance
plan to be approved.
---------------------------------------------------------------------------
1. Adopt local ordinances that require the covering of all loads of
material that may have the potential to contribute to particulate
matter pollution.
2. Adopt local ordinances that require no track-out onto paved
roads from sites.
3. Adopt local ordinances that require no burning of household
garbage.
4. Eliminate local permits that allow any kind of uncontrolled,
outdoor burning not specifically allowed under Idaho State law.
5. Expand the existing Vehicle Inspection and Maintenance Program
to include the testing of all registered vehicles in Ada County.
6. Expand mandatory burning restrictions to include clean burning
woodstoves during air quality alerts.
7. Adopt local ordinances that prohibit the construction of any
unpaved private roads, driveways or parking lots.
See the TSD accompanying this notice for additional information on
the status of each of the above measures.
By carrying over all the control and contingency measures from the
1991 PM10 SIP, the State has not removed or reduced the
stringency of the control measures relied on to demonstrate attainment
in the 1991 PM10 SIP. Therefore, the State meets the
requirement to implement all measures contained in the nonattainment
SIP prior to redesignation. In light of the control measures and
contingency measures carried over from the 1991 PM10 SIP,
the development and implementation of the additional measures listed
above, and the new control measures (i.e., the Tier II operating
permits) relied on for demonstrating maintenance of the NAAQS, we
believe the State meets the requirements for contingency measures in
the maintenance plan.
20. How Does This Action Affect Transportation Conformity?
Under Section 176(c) of the Act, transportation plans, programs,
and projects in nonattainment or maintenance areas that are funded or
approved under the Federal Transit Act, must conform to the applicable
SIPs. In short, a transportation plan is deemed to conform to the
applicable SIP if the emissions resulting from implementation of that
transportation plan are less than or equal to the motor vehicle
emission level established in the SIP for the maintenance year and
other analysis years.
In this maintenance plan, procedures for estimating motor vehicle
emissions are well documented. Accordingly, we propose to approve the
following motor vehicle emissions budgets (MVEB) for PM10
and its precursors for use in conformity determinations for
PM10 on future Transportation Improvement Programs and
Regional Transportation Plans. These mobile source emissions represent
a combination of vehicle exhaust, tire wear, and road dust.
Ada County/Boise, Idaho Area Motor Vehicle Emissions Budget
------------------------------------------------------------------------
PM10 NOX VOC
Year (tons/ (tons/ (tons/
day) day) day)
------------------------------------------------------------------------
1999...................................... 153.0 21.0 10.4
2010...................................... 153.0 11.2 6.1
2015...................................... 153.0 7.8 5.0
------------------------------------------------------------------------
The motor vehicle emissions budget applies as a ceiling on
emissions in the year for which it is defined, and for all subsequent
years until another year for which a different budget is defined or
until a SIP revision modifies the budget. Thus, the 1999 MVEB will
apply for any conformity horizon year through 2009, and the 2010 MVEB
will apply for any conformity horizon year from 2010 through 2014, and
the 2015 MVEB will apply for all subsequent years. The TSD summarizes
how the PM10 motor vehicle emissions budget meets the
criteria contained in the conformity rule (40 CFR 93.118(e)(4)).
II. How Can Comments Be Made on This Rulemaking?
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under ID-02-003. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. The official public rulemaking
file is available for public viewing at the Office of Air Quality (OAQ-
107), EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. A copy of
the file, as it exists on the date of proposal, is available for public
viewing at EPA's Idaho Operations Office at EPA Region 10, Idaho
Operations Office, 1435 N. Orchard St., Boise, ID 83706. EPA requests
contacting the contact listed in the ``For Further Information
Contact'' section to schedule your inspection. EPA's official hours of
business are Monday through Friday, 8:30 AM to 4:30 PM, excluding
Federal Holidays.
2. Copies of the State submission and EPA's technical support
document are also available for public inspection during normal
business hours, by appointment at the State Air Agency. State of Idaho
Department of Environmental Quality, 1445 North Orchard, Boise, ID
83706-2239.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulation.gov Web site located at http://
www.regulations.gov 
where you can find, review, and submit
comments on Federal rules that have been published in the Federal
Register, the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or on paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
[[Page 44721]]
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking ID-02-003'' in the subject line
on the first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. You may send comments by electronic mail (e-mail) to
r10.aircom@epa.gov, please including the text ``Public comment on
proposed rulemaking ID-2002-003'' in the subject line. EPA's e-mail
system is not an ``anonymous access'' system. If you send an e-mail
comment directly without going through Regulations.gov, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket.
ii. Regulation.gov. You may use Regulation.gov as an alternative
method to submit electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then select
Environmental Protection Agency at the top of the page and use the
``go'' button. The list of current EPA actions available for comment
will be listed. Please follow the online instructions for submitting
comments. The system is an ``anonymous access'' system, which means EPA
will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Donna Deneen, Office of Air
Quality, (OAQ-107), EPA Region 10, 1200 Sixth Avenue, Seattle,
Washington, 98101. Please include the text ``Public comment on proposed
rulemaking ID-02-003'' in the subject line on the first page of your
comment.
3. By Hand Delivery or Courier. Deliver your comments to: Donna
Deneen, Office of Air Quality, (OAQ-107), EPA Region 10, 1200 Sixth
Avenue, Seattle, Washington, 98101. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m. excluding Federal holidays.
C. How Should I Submit CBI to the EPA?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
to be CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). EPA will not disclose information so
marked except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely
[[Page 44722]]
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (59 FR 22951, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: July 23, 2003.
Ronald A. Kreizenbeck,
Acting Regional Administrator, EPA, Region 10.
[FR Doc. 03-19355 Filed 7-29-03; 8:45 am]
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