[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65535-65537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27607]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0170; FRL-9988-17-Region 10]


Air Plan Approval; ID, West Silver Valley PM2.5 Clean Data 
Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
determination that the West Silver Valley, Idaho nonattainment area has 
clean data for the 2012 annual fine particulate matter 
(PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS). This 
clean data determination (CDD) is based upon quality-assured, quality-
controlled, and certified ambient air monitoring data showing the area 
has attained the 2012 PM<INF>2.5</INF> NAAQS based on the 2015-2017 
data available in the EPA's Air Quality System (AQS) database. The EPA 
also is taking final agency action on the September 2017 wildfire 
exceptional event at the Pinehurst monitoring station as having 
affected PM<INF>2.5</INF> and PM<INF>10</INF> values. Based on this 
clean data determination, the EPA determines that the obligation for 
Idaho to make submissions to meet certain Clean Air Act (CAA or the 
Act) requirements related to attainment of the NAAQS for this area is 
suspended for as long as the area continues to attain the 2012 annual 
PM<INF>2.5</INF> NAAQS. Additionally, the sanctions and Federal 
Implementation Plan (FIP) clocks triggered by the March 26, 2018 
Finding of Failure to Submit action will be suspended. No adverse 
comments were received on this action.

DATES: This action is effective on January 22, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2017-0170. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
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 through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Justin Spenillo at (206) 553-6125, or 
<a href="/cdn-cgi/l/email-protection#8dfefde8e3e4e1e1e2a3e7f8fef9e4e3cde8fdeca3eae2fb"><span class="__cf_email__" data-cfemail="592a293c373035353677332c2a2d3037193c2938773e362f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``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 Orders Review

I. Background

    On December 14, 2012, the Environmental Protection Agency (EPA) 
revised the level of the primary annual PM<INF>2.5</INF> standard, 
lowering the level from 15.0 micrograms per cubic meter ([micro]g/m\3\) 
to 12.0 [micro]g/m\3\. Effective April 15, 2015, the EPA made 
designation determinations for the 2012 annual PM<INF>2.5</INF> 
NAAQS.\1\ In that action, EPA designated the West Silver Valley area in 
Shoshone County, Idaho (WSV NAA) as moderate nonattainment for the 2012 
annual PM<INF>2.5</INF> NAAQS. See 40 CFR 81.313.
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    \1\ 80 FR 2206.
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    On March 26, 2018, the EPA issued a finding of failure to submit 
under section 110(k) of the CAA finding that several states, including 
Idaho, failed to submit specific moderate area SIP elements for the 
2012 annual PM<INF>2.5</INF> NAAQS required under subpart 4 of part D 
of Title I of the CAA.\2\ In particular, Idaho failed to submit the 
following specific moderate area SIP elements for the WSV NAA: An 
attainment demonstration; control strategies, including reasonably 
available control measures (``RACM'') and reasonably available control 
technologies (``RACT''); a reasonable further progress (RFP) plan; 
quantitative milestones; and contingency measures. This finding 
triggered the sanctions clock under Section 179 of the CAA, as well as 
an obligation under Section 110(c) of the CAA for EPA to promulgate a 
FIP no later than 2 years from the effective date of the finding.
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    \2\ 83 FR 14759.
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    On October 22, 2018 (83 FR 53201), the EPA proposed to determine, 
based on the most recent 3 years (2015-2017) of valid data, that the 
WSV NAA has attained the 2012 PM<INF>2.5</INF> annual NAAQS. The EPA 
also proposed to take final agency action on the September 2017 
wildfire exceptional event at the Pinehurst monitoring station as 
having affected PM<INF>2.5</INF> and PM<INF>10</INF> values on 
September 4 through September 8, 2017 as described in Table 1.

  Table 1--24-Hr PM2.5 and PM10 Values at the Pinehurst Monitoring Station That Meet the EPA Exceptional Event
                                                    Criteria
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                                                           24-hr PM2.5 Concentration   24-hr PM10 Concentration
                          Date                              ([micro]g/m\3\) 16-079-     ([micro]g/m\3\) 16-079-
                                                                   0017 POC1                   0017 POC3
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9/4/2017................................................                      144.9   ..........................
9/5/2017................................................                      222.2   ..........................
9/6/2017................................................                      147.1                       169.6
9/7/2017................................................                      123.8                       149.8
9/8/2017................................................                      116.7                       143.7
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[[Page 65536]]

    Based on the clean data determination (CDD), the EPA also proposed 
to determine that the obligation to submit the attainment planning 
elements for the PM<INF>2.5</INF> NAAQS are not applicable so long as 
the area continues to attain the 2012 annual PM<INF>2.5</INF> NAAQS. 
Additional detail can be found in the October 22, 2018, proposed action 
(83 FR 53201). Finally, the action proposed to suspend the sanctions 
and FIP clocks triggered by the March 26, 2018, Finding of Failure to 
Submit action.

II. Response to Comments

    The comment period for the proposed action closed on November 21, 
2018. The EPA received seven supportive comments regarding this action. 
The EPA received no adverse comments. All comments can be found in the 
docket for this action.

III. Final Action

    The EPA is finalizing this action as proposed. Pursuant to 40 CFR 
51.1015(a), the EPA determines that based on 3-years of certified, 
valid monitoring data between 2015 and 2017, the WSV NAA has attained 
the 2012 annual PM<INF>2.5</INF> NAAQS. Pursuant to 50 CFR 50.14, the 
EPA is also taking final action excluding the 2017 24-hr 
PM<INF>2.5</INF> and PM<INF>10</INF> values listed in Table 1, above, 
at the Pinehurst monitoring station because those NAAQS exceedances 
were caused by a wildfire exceptional event. Pursuant to 40 CFR 
51.1015(a), and based upon our determination that the WSV NAA has 
attained the standard, the EPA determines that the obligation to submit 
any attainment-related SIP revisions arising from classification of the 
WSV NAA as a moderate nonattainment area under subpart 4 of part D, of 
title I of the Act for the 2012 annual PM<INF>2.5</INF> NAAQS is not 
applicable for so long as the area continues to attain the 2012 annual 
PM<INF>2.5</INF> NAAQS. In particular, the obligation for Idaho to 
submit attainment demonstrations, projected emissions inventories, RACM 
(including RACT), RFP plans, motor vehicle emissions budgets, 
quantitative milestones, and contingency measures for the WSV NAA are 
suspended until such time as: (1) The area is redesignated to 
attainment, after which such requirements are permanently discharged; 
or (2) the EPA determines that the area has re-violated the 
PM<INF>2.5</INF> NAAQS, at which time the state shall submit such 
attainment plan elements for the Moderate nonattainment area by a 
future date to be determined by the EPA and announced through 
publication in the Federal Register at the time the EPA determines the 
area is violating the PM<INF>2.5</INF> NAAQS.
    Although the obligation has been suspended, this action does not 
preclude Idaho from submitting, nor the EPA from acting on the 
suspended attainment plan elements. As a result of this final action, 
the sanctions and FIP clocks triggered by the EPA's March 26, 2018, 
Finding of Failure to Submit are suspended. See 83 FR 14759.
    Today's final action does not constitute a redesignation of the WSV 
NAA to attainment for the 2012 annual PM<INF>2.5</INF> NAAQS under CAA 
section 107(d)(3) because we have not yet approved a maintenance plan 
for WSV NAA as meeting the requirements of section 175A of the CAA or 
determined that the area has met the other CAA requirements for 
redesignation. The classification and designation status in 40 CFR part 
81 remains Moderate nonattainment for this area until such time as the 
EPA determines that Idaho has met the CAA requirements for 
redesignation to attainment for the WSV NAA.

IV. Statutory and Executive Orders Review

    This action finalizes a determination of attainment based on air 
quality and suspends certain federal requirements, and thus will not 
impose additional requirements beyond those imposed by state law. For 
this reason, this final action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
    <bullet> Is not expected to be an Executive Order 13771 (82 FR 
9339, February 2, 2017) regulatory action because this action is not 
significant under Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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 and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 19, 2019. 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)).

[[Page 65537]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: December 4, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2018-27607 Filed 12-20-18; 8:45 am]
 BILLING CODE 6560-50-P


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