### DATE: March 19,2012 

### SUBJECT: Technical Support Document: Approval and Promulgation ofImplementation Plans; Idaho: Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standard; Prevention ofSignificant Deterioration Greenhouse Gas PermittingAuthority and Tailoring Rule 

### FROM: Kristin Hall 

### THRU: Debra Suzuki, 

### TO: Docket File EPA-RlO-OAR-2010-0724 

# 1

nit Manager,

# STA~U MEMORANDUM

A. INTRODUCTION
EPA is proposingto approve the State Implementation Plan (SIP) submittals from the State of Idaho to demonstrate that the SIP meets the requirements ofsection 110(a)(1) and (2) ofthe Clean AirAct (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone onJuly 18, 1997. EPA is proposing to find that the current Idaho SIP meets the following 110(a)(2) infrastructure elements for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M). EPA istaking no action on CAA section 110(a)(2)(E)(ii) at this time. We will address the requirements ofthe 11O(a)(2)(E)(ii) in a separate action. EPA is also proposing to concurrently approve a SIP revision that applies Idaho's Prevention ofSignificant Deterioration (PSD) Program to greenhouse gas (GHG) emitting sources above certain thresholds. As a result, EPA is proposing to rescind the Federal Implementation Plan (FIP) putin place to ensure the availability ofa permitting authority for greenhouse gas emitting sources in Idaho. Finally, EPA is proposing to approve revisions to Idaho's SIP to update incorporationbyreference citations for specific federal regulations, including PSD regulations, and remove language from the SIP that hasbecome unnecessary as a result ofIdaho's incorporation byreference ofthe federal NAAQS and PSD regulations. 

### B. BACKGROUND
Section 1l0(a)(1) and (2):
OnJuly 18, 1997, EPApromulgated a new NAAQS for ozone. EPA revised the ozone NAAQS toprovide an 8-hour averagingperiod whichreplaced theprevious I-hour averagingperiod, and the level ofthe NAAQS was changed from 0.12 parts permil1ion (ppm) to 0.08 ppm (62 FR 38856).
The CleanAirAct (CAA orAct) requires State Implementation Plans (SIPs) meeting the requirements ofsections 11O(a)(1) and (2) be submittedby states within 3 years after promulgation ofa new orrevised standard. Sections 11O(a)(1) and (2) require states to address

1basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance ofthe standards, so-called "infrastructure" requirements. States were required to submit such SIPs for the 1997 8-hour ozoneNAAQS to EPA no later than June 2000. However, intervening litigation overthe 1997 8-hour ozone standard created uncertainty about how to proceed, and many states did notprovidethe required infrastructure SIP submissions for the newly promulgated standard.
To help states meet this statutoryrequirement, EPA issued guidance to address infrastructure SIP elements under section 11O(a)(l) and (2).1 This guidance provides that to the extent an existing SIP already meets the section 110(a)(2) requirements, states need only to certify that fact via a letter to EPA. Section 11O(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents ofthat submission may vary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the state develops and submits the SIP for a new or revised NAAQS affects the content ofthe submission. The contents ofsuch SIP submissions may also vary depending upon what provisions the state's existing SIP already contains. 

### In the case ofthe 1997 8-hour ozone NAAQS, states typically have met the basic program elements required in section 11O(a)(2) through earlier SIP submissions in connection with previous ozone standards.
PSD GHG Permitting Authority and Tailoring Rule:
This sectionbriefly summarizes EPA's recent GHG-related actions that provide the background for this action. More detailed discussion ofthebackground is found in the preambles for those actions.
EPA has recently undertaken a series ofactions pertainingto the regulation ofGHGs that, although for the most part are distinct from one another, establish the overall framework for the proposed action onthe Idaho SIP. Fourofthese actions include, as they are commonly called, the "Endangerment Finding" and "Cause or Contribute Finding," which EPA issued in a single final action (74 FR 66496), the "JohnsonMemo Reconsideration" (75 FR 17004), the "LightDuty Vehicle Rule" (75 FR 25324), and the "Tailoring Rule." Taken together and in conjunction with the CAA, these actions established regulatory requirements for GHGs emitted from new motorvehicles and new motor vehicle engines; determined that suchregulations, when they took effect on January 2,2011, subjected GHGs emitted from stationary sources to PSD requirements; and limited the applicability ofPSD requirements to GHG sources on a phased-in basis, EPA took this last action in the Tailoring Rule, which more specifically, established appropriate GHG emission thresholds for determining the applicability ofPSD requirements to GHG-emitting sources. Annual Incorporation byReference (IBR) ofFederal Regulations:
Idaho incorporatesbyreference various portions ofFederal regulations codified in the Code of Federal Regulations (CFR). However, when a Federal regulation originally incorporated by

1 William T. Harnett, Director, Air Quality Policy Division, Office ofAir Quality Planning and Standards. "Guidance on SIP Elements Required Under Sections 1l0(a)(1) and (2) for the 1997 8-hour Ozone and PM 2
.s National Ambient Air Quality Standards." Memorandum to EPA Air Division Directors, Regions I-X, October 2,2007. 2reference into the Idaho SIP at IDAPA 58.01.01 on a specific date is subsequently changed, IDAPA 58.01.01 becomes out ofdate, and in some cases, inconsistent with the revised version of theFederal regulation. To avoid potential inconsistencies and keep IDAPA 58.01.01 up to date with changes in Federal regulations, Idaho submits a revision to its SIP on an annual basis, updating the IBR citations in IDAPA 58.01.01 so theyreflect any changes madeto the Federal regulations during that year. Idaho's current SIP includes the approved incorporationby reference ofspecific federal regulations revised as ofJuly 1, 2008. In Idaho's June 20, 2011, SIP revision, the state has submitted to EPA the 2009 and 2010 annual IBR updates. Therevisions contained in the 2009 annual IBR update are supersededbythe 2010 annual IBR update which revises the citation dates for specific federal regulations in IDAPA 58.01.01 as ofJuly 1, 2010. The 2010 annual IBR update also removes unnecessary language inthe Idaho SIP as a result of the incorporation byreference ofthe federal NAAQS and PSD regulations and adds the IBR of two additional federal rules that were effective after the July 1, 2010, citation date. Specifically, these rules are the final rule for Primary National Ambient Air Quality Standards for Sulfur Dioxide (75 FR 35520) and the final rule for Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule (75 FR 31514).



### C. IDAHO SUBMITTAL
The State ofidaho submitted a certification letter to EPA on September 15,2008, certifying that Idaho's SIP meets the infrastructure obligations for the 1997 8-hour ozone and 1997 PM2 .5 NAAQS. The certification letter included an analysis ofIdaho's SIP as it relates to each section ofthe infrastructure requirements with regard to the 1997 8-hour ozone and 1997 PM2.5 NAAQS. Subsequently, on June 24, 2010, Idaho submitted an updated certification letterto EPA for sections 110(a)(2)(D) and 110(a)(2)(G) for multiple NAAQS, including the 1997 8-hour ozone NAAQS. At this time, EPA is acting on the infrastructure SIP submittal for the 110(a)(2) required elements as they relate to the 1997 8-hour ozone standard. This action does not address infrastructurerequirements with respect to the 1997 PM2

.5NAAQS, which EPA intends to act on at a latertime.
On June 20,2011, Idaho DEQ submitted a SIP revision to EPA which includes updates to the incorporationbyreference ofcertain federal regulations, changes to Idaho's rules onthe sulfur content offuels, and revisions to sections ofthe Idaho SIP that have becomeunnecessary due to the update offederal regulations incorporatedbyreference. In this action, EPA isproposing to approve the portion ofthe SIP revision that adds the incorporation byreference ofthe Tailoring Rule into the Idaho SIP. This proposedrevision addresses the flaws discussed in EPA's SIP call to states which found that several state SIPs, including Idaho'S, did not apply PSD to GHGemitting sources. 2 EPA subsequentlyissued a FIP which included Idaho. 3 In conjunction with this proposed approval ofidaho's PSD program for GHG-emitting sources, EPA is proposingto rescind the FIP at 40 CFR 52.37 whichprovides for EPA to bethe PSD permitting authority for GHG-emitting sources in Idaho.

2 Action to Ensure Authority to Issue Permits Under the PSD Program to Sources of GHG Emissions: Finding of Substantial Inadequacy and SIP Call (75 FR 77698).
3 Action to Ensure Authority to Issue Permits underthe PSD Program to Sources ofGHG Emissions: Federal Implementation Plan (75 FR 82246). 3EPA is also proposing to approve portions ofthe June 20, 2011, SIP revision that update the Idaho SIP's incorporationbyreference citations at IDAPA 58.01.01.107.03 as ofJuly 1, 2010, consolidate some citations, and renumberthe subsections. Specifically, EPA is proposing to approve the incorporation byreference ofthe following regulations revised as ofJuly 1,2010: Requirements for Preparation, Adoption, and Submittal ofImplementation Plans, 40 CFRPart 51; National Primary and Secondary Ambient Air Quality Standards, 40 CFR Part 50; Approval and Promulgation ofImplementation Plans, 40 CFR Part 52; Ambient AirMonitoring Reference and Equivalent Methods, 40 CFRPart 53; and Ambient Air Quality Surveillance, 40 CFRPart 58. EPA is not acting on ofthe incorporation byreference ofsubsections 107.03(f) through (m) and (0), as renumbered, because they are not related to the criteriapollutants regulated undertitle I ofthe Act orthe requirements for SIPs under section 110 ofthe Act. In addition, EPA is proposing to approve the addition ofthe incorporationbyreference ofthe final rule for the Primary National Air Quality Standards for Sulfur Dioxide (June 22,2010, effective August 23, 2010) at IDAPA 58.01.01.107.03p because it became effective after the citation date ofJuly 1, 2010, and therefore the changes that this rule makes to 40 CFR Part 50, 40 CFR Part 53, and 40 CFR Part 58 were not capturedbythe annual IBR. Finally, EPA is proposing to approve the removal oflanguage from the Idaho SIP that has becomeunnecessarydue to Idaho's incorporationbyreference ofthe federal NAAQS at 40 CFR Part 50 and the federal PSD regulations at 40 CFR 52.21. EPA is proposing to approve the removal ofsubsections (1), (2), (3), (4), (5), and (7) at IDAPA 58.01.01.577 Ambient Air Quality Standards for Specific Pollutants, in orderto take out language that is unnecessary due to incorporationbyreference oftheNAAQS at IDAPA 58.01.01.107. EPA is also proposing to approve the changes to IDAPA 58.01.01.581.01 to remove the increments table in its entirety and to insteadreference the Class I, 

### II, and 

### III area PSD increment requirements contained in40 CFR 52.21(c) incorporated byreference at IDAPA 58.01.01.107. Therevision to IDAPA 58.01.01.008 is not being acted on since it is related to Idaho'sTier I Operating Permit Program required undertitle V ofthe Act and is not part ofthe SIP. In addition, the revision to IDAPA 58.01.01.751 is notbeing acted on since it is related to a non-criteria pollutant and is not part of the SIP. Theproposed revisions to Idaho'srules for the sulfur content offuels are notbeing acted on at this time. EPA intends to address theremainder oftheJune 20,2011, SIP revision in
a subsequentrulemaking.

D. EPA REQUIREMENTS
Section 11O(a)(1) provides theprocedural and timingrequirements for SIP submissions after a new orrevised NAAQS is promulgated. Section 110(a)(2) lists specific elements that states must meet for "infrastructure" SIP requirements related to a newly established orrevised NAAQS. These requirements include SIP infrastructure elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance ofthe NAAQS. Therequirements, with their corresponding CAA subsection, are listed below:

• 11O(a)(2)(A): Emission limits and othercontrol measures. • 110(a)(2)(B): Ambient air quality monitoring/data system. • 110(a)(2)(C): Program for enforcement ofcontrol measures. • 11O(a)(2)(D): Interstate transport.
4• 110(a)(2)(E): Adequate resources. • 110(a)(2)(F): Stationary source monitoring system. • 110(a)(2)(G): Emergency power. • 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(I): Areas designated nonattainment and meet the applicable requirements of part D.
• 110(a)(2)(J): Consultationwith government officials; public notification; and Prevention ofSignificant Deterioration (PSD) and visibilityprotection.
• 11O(a)(2)(K): Air quality modeling/data.
• 11O(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/participationby affected local entities.
EPA's October2,2007, guidance clarified that two elements identified in section 110(a)(2) are not governedbythe 3 year submission deadline ofsection 11O(a)(l) because SIPs incorporating necessary local nonattainment area controls are not due within 3 years afterpromulgation ofa new orrevised NAAQS, butrather due at the time the nonattainment areaplanrequirements are duepursuant to CAA section 172. Theserequirements are: (i) Submissions required bysection 110(a)(2)(C) to the extent that subsectionrefers to a permit program as required inpart D Title I ofthe CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain to the nonattainmentplanning requirements ofpartD, Title I ofthe CAA. As a result, this action does not address infrastructure elements related to section 11O(a)(2)(C) withrespect to nonattainment new sourcereview (NSR) or 110(a)(2)(I).
This action also does not address the requirements of 110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS which havebeen approved bytwo separate actions finalized byEPA. OnNovember 26, 2010, EPA approved the SIP submittal ofthe Idaho Department ofEnvironmental Qualityto address interstate transportprovisions ofClean Air Act section 110(a)(2)(D)(i) for the 1997 8­ hour ozoneNAAQS (75 FR 72705). Theprovisions approved in the action included three prongs of 11O(a)(2)(D)(i): significant contribution to nonattainment ofthese NAAQS in any other state (prong 1); interference withmaintenance ofthese NAAQS by any other state (prong 2); and interference with anyother state's required measures to prevent significant deterioration (PSD) ofits air quality with respect to theseNAAQS (prong 3). Subsequentlyon June 22, 2011, EPA approved portions ofa SIP revision submitted by Idaho related to Clean Air Act section 110(a)(2)(D)(i) visibilityprotection for the 1997 8-hour ozone NAAQS (prong 4) (76 FR 36329).

In addition, this action does not address the requirements ofCAA 11O(a)(2)(E)(ii) regarding state boards. EPA will address this sub-element in a separate action. Furthermore, EPA interprets the section 110(a)(2)(J) provision onvisibility as not being triggered by a new NAAQS because the visibilityrequirements inpart C are not changed by a new NAAQS.
E. EVALUATION OF STATE SUBMITTAL
TheIdaho infrastructure submittal lists specificprovisions ofthe Idaho Environmental Protection and Health Act, Idaho Code Section 39-101; the Rules for the Control ofAir Pollution, IDAPA 58.01.01; the Idaho SIP; and the Idaho Public Records Act, Idaho Code Section 9-342(A). The

5specific sections are listed below, with a discussion ofhow the Idaho submittal meets the requirements. llO(a)(2)(A): Emission limits and other control measures: Section 11O(a)(2) requires SIPs to include enforceable emission limits and**ot~er** control measures, means, ortechniques, and schedules for compliance. EPA notes that the specific nonattainment area plan requirements of Section 110(a)(2)(I) are subject to the timing requirement ofSection 172, not the timing requirement ofSection 110(a)(I).
Idaho's submittal: The Idaho SIP submittal cites an overview ofthe Idaho air quality laws and regulations includingportions ofthe Idaho Environmental Protection and Health Act (EPHA) and the Rules ofthe Control ofAir Pollution in Idaho. Idaho Department ofEnvironmental Quality (DEQ) annually updates and refers to EPA for incorporationbyreference ofall NAAQS and updates to 40 CFR Part 51 Appendix W Guidelines onAir QualityModels. Therelevant laws and regulations are as follows: Idaho Code Section 39-105(3)(d): This section provides Idaho DEQ with thebroad powerto supervise and administer a system to safeguard air quality. "Thepowers and duties ofthe director shall include, but not belimited to, the following

...(d) the supervision and administration ofa system to safeguard air quality and for limiting and controlling the emission ofair contaminants."
Idaho Code Section 

### 39-115: This section provides Idaho DEQ with specific authority for the issuance ofair qualitypermits and to "charge and collect a fee for processing applications for industrial orcommercial airpollution source permits."
IDAPA 58.01.01.107.3.a: Incorporates byreference EPA Requirements for Preparation, Adoption, and Submittal ofImplementation Plans, 40 CFR Part 51 reVised as ofJuly 1, 2008.
IDAPA 58.01.01.107.3.b: Incorporates byreference EPA regulations at 40 CFR Part 50National Primary and SecondaryAmbient Air Quality Standards revised as ofJuly 1,2008. Idaho has incorporated the 1997 8-hourozoneNAAQS byreference into Idaho regulations.
IDAPA 58.01.01.202: This section ofthe Idaho regulations specifies requirements for new or modified major sources applying for a permit to construct, includingbut not limited to emission controls information, air quality analyses, air monitoring data, design and operatingplans and specifications.
IDAPA 58.01.01.202.02: This section ofthe Idaho regulations requires that all estimates of ambient concentrations bebased on airqualitymodels, databases and otherrequirements specifiedby EPA in 40 CFR 51, Appendix W (Guidelines on Air Quality Models).
IDAPA 58.01.01.203: This section ofthe Idaho regulations establishes permit requirements for new and modified stationary sources. To obtain a permit to construct or a Tier II operating pennit, the applicant must demonstrate to the satisfaction ofDEQ that "the stationary source or modification would comply with all applicable local, state orfederal emission standards" and "not cause or significantly contribute to a violation ofany ambient air quality standard."

6IDAPA 58.01.01.204: This section ofthe Idaho regulations establishes pennitrequirements for new and modified stationary sources innon-attainment areas. Idaho has no nonattainment areas for the 1997 8-hour ozone standard.
IDAPA 58.01.01.205: This section ofthe Idaho regulations establishes pennitrequirements for new and modified stationary sources in attainment orunclassifiable areas. Section 205 references theincorporation byreference ofsections ofthe federal PSD programrules at 40 CFR 52.21.
IDAPA 58.01.01.209: This section ofthe Idaho regulations establishes procedures for issuing and denying pennits to construct including but not limited to procedures for specific sources and public notice processes.
IDAPA 58.01.01.221.01: This section ofthe Idaho regulations establishes sources below regulatory concern. Specifically, "themaximum capacityofa source to emit an airpollutant under its physical and operational design considering limitations on emissions such as air pollution control equipment, restrictions on hours ofoperation and restrictions on the type and amount ofmaterial combusted, stored orprocessed shall be less than ten percent (10%) ofthe significant emission rates set outin the definition ofsignificant at Section 006."
IDAPA 58.01.01.006: This section includes the definition ofsignificant emission rates for ozone precursors.
IDAPA 58.01.01.401.03: This section ofthe Idaho regulations provides DEQ with the authority to require a TierII operatingpennitifit detennines that "emissionrate reductions are necessary to attain ormaintain any ambient air quality standard or applicableprevention ofsignificant deterioration increment; or specific emission standards, orrequirements on operation or maintenance are necessaryto ensure compliance with any applicable emission standard orrule."
IDAPA 58.01.01.402.03: This section ofthe Idaho regulations sets forth pennit application procedures for Tier II operating pennits including but not limited to site plans and specification, the nature and amount ofemissions, the mannerinwhich the source will be operated and controlled, and estimates ofambient concentrations.
IDAPA 58.01.01.403: Pennitrequirements for TierII sources. This rule requires that stationary sources complywith all applicable local, state or federal emissions standards. This rule also requires that the source not cause orcontribute significantlyto a violation ofany ambient air quality standard.
EPA analysis: EPA mostrecently approved IDAPA 58.01.01.107, which incorporates by reference EPA regulations at 40 CFR Part 50 for the National Primary and Secondary Ambient Air Quality Standards, revised as ofJuly 1, 2008, on November 26,2010 (75 FR 72719). As discussed above, we are proposing to concurrently approve the portion ofthe June 20, 2011, SIP revision which updates the incorporationbyreference 40 CFR Part 50, 40 CFR Part 51, 40 CFR Part 52, 40 CFR Part 53, and 40 CFR Part 58, at IDAPA 58.01.01.107.03, as ofJuly 1,2010.

7Idaho has no areas designated nonattainment for the 1997 8-hour ozone NAAQS. As a result, Idaho regulates emissions ofozone and its precursors through its SIP-approved major and minor sourcepennittingprograms. Therefore, EPA is proposing to approve the Idaho SIP as meeting the requirements ofsection 11O(a)(2)(A) for the 1997 8-hourozone NAAQS.
In this action, EPA is not proposing to approve ordisapprove any existing state provisions with regard to excess emissions during startup, shutdown, ormalfunction (SSM) ofoperations at a facility. EPAbelieves that a number ofstates mayhave SSM provisions that are contraryto the Clean AirAct and existing EPA guidance4 and the Agencyplans to address such state regulations in the future. In the meantime, EPA encourages any state having a deficient SSM provision to take steps to correct it as soon as possible.
In this action, EPA is not proposing to approve or disapprove any existing state rules withregard to director's discretion or variance provisions. EPA believes that a number ofstates mayhave such provisions that are contrary to the Clean AirAct and existing EPA guidance (52 FR 45109), November 24, 1987, and the Agencyplans to take action in the future to address such stateregulations. In the meantime, EPA encourages any state having a director's discretion or variance provision that is contrary to the Clean Air Act and EPA guidance to take steps to correct the deficiency as soon as possible. llO(a)(2)(B): Ambient air quality monitoring/data system: Section 11O(a)(2)(B) requires SIPs to include provisions to provide for establishment and operation ofambient airquality monitors, collecting and analyzing ambient air quality data, and makingthese data available to EPA upon request.
Idaho's submittal: The Idaho SIP submittal references IDAPA 58.01.01.107 and IDAPA 58.01.01.576.05 inresponse to this requirement. These rules incorporate byreference 40 CFR Part 50 National Primary and Secondary Air Quality Standards, 40 CFR Part 52 Approval and Promulgation ofImplementationPlans, 40 CFR Part 53 Ambient Air Monitoring Reference and Equivalent Methods, and 40 CFR Part 58 Appendix B Ambient Air Quality Surveillance Quality Assurance Requirements for Prevention ofSignificantDeterioration. These rules give Idaho authority to implement ambient airmonitoring surveillance systems in accordance with the requirements ofreferenced sections ofthe CAA.
Idaho DEQ collects and reports to EPA ambient air quality data for PM2.5, PMIO, NOx , CO, ozone and SOx' These data are reviewed, verified and validated priorto being submitted to EPA'sAir Quality System, orAQS, no laterthan 90 days from the end ofthecalendar quarter from which the data was collected. OnJuly 1 ofeach year, the previous year's ambient air monitoring datais certified bythe Idaho DEQ Air Division Administrator as being true, accurate and complete.

4 Steven Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, Assistant Administratorfor Air and Radiation. "State Implementation Plans (SIPs): Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown." Memorandum to EPA Air Division Directors, August 11, 1999. 8

### EPA analysis: A comprehensive air quality monitoringplan, intended to meet requirements of 40 CFR part 58 was submitted byIdaho to EPA on January 15, 1980 (40 CFR 52.670) and approved byEPA onJuly 28, 1982. This air quality monitoring plan has been subsequently updated, with the most recent submittal dated July 1,2011. EPA approved the plan on September 6, 2011. This planincludes, among otherthings, the locations for the ozone monitoring network. Idaho makes this plan available for public review on Idaho DEQ's website at http://www.deg.idaho.gov/air-guality/monitoring/monitoring-network.aspx. Thewebsite also includes an interactive map ofIdaho's air monitoring network. As discussed above, we are proposingto concurrently approve theportion ofthe June 20, 2011, SIP revision which updates the incorporation byreference of40 CFR Part 50, 40 CFR Part 51, 40 CFR Part 52, 40 CFR Part 53, and 40 CFR Part 58 at IDAPA 58.01.01.107.03 as ofJuly 1, 2010. Therefore, EPA is proposing to approve the Idaho SIP as meetingthe requirements ofCAA Section IIO(a)(2)(B) for the 1997 8-hour ozoneNAAQS. 

### llO(a)(2)(C): Programfor enforcement ofcontrol measures: Section IIO(a)(2)(C) requires states to include a program providing for enforcement ofall SIP measures and the regulation of construction ofnew ormodified stationary sources, including a program to meet PSD and nonattainment NSRrequirements.


### Idaho's submittal: The Idaho SIP submittal refers to Idaho Code Section 39-108 which provides DEQ withthe authority to enforceboth administratively and civilythe Idaho Environmental Protection and Health Act (EPHA), or anyrule, permit or orderpromUlgated pursuantto the EPHA. Criminal enforcement is authorized at Idaho Code Section 39-109. Emergency order authority, similarlyto that under Section 303 ofthe Clean Air Act, is located at Idaho Code Section 39-112. Idaho Code Section 39-112 states "ifthe director finds that a generalized condition ofairpollution exists and that it creates animminent and substantial endangerment to thepublic health orwelfare constituting an emergency requiring immediate action to protect human health or safety, the director.

..shall orderpersons causing or contributingto the air pollution to reduce ordiscontinue immediatelythe emission ofair contaminants

..." The Idaho submission also refers to laws and regulations requiring stationary source compliance with the NAAQS discussed in their response to 110(a)(2)(A).


### EPA analysis: To generallymeettherequirements ofsection IIO(a)(2)(C), a state is required to have PSD, nonattainment NSR, and minorNSR permittingprograms adequate to implement the 1997 8-hour ozoneNAAQS. As explained above, in this action EPA is not evaluating nonattainmentrelated provisions, such as the nonattainment NSRprogram required bypart D of the CAA. In addition, Idaho has no nonattainment areas for the 1997 ozone NAAQS.
EPA believes Idaho code provides DEQ with the authority to enforce the Idaho EPHA, air qualityregulations, permits, and orders promulgated pursuant to the EPHA. Idaho DEQ staffs and maintains an enforcement program to ensure compliance with SIP requirements. Idaho DEQ may issue emergency orders to reduce or discontinue emission ofair contaminants where air emissions cause or contribute to imminent and substantial endangerment. Enforcement cases maybereferred to the state Attorney General's Office for civil or criminal enforcement. EPA therefore proposes to approve the Idaho SIP as meetingthe requirements of 110(a)(2)(C) related to enforcement for the 1997 8-hour ozone NAAQS.

9EPA most recently approved revisions to Idaho's PSD program onNovember 26,2010 (75 FR 72719). Idaho's PSD program includes NOx as a precursor for ozone. EPA believes that Idaho's SIP meets the requirements ofCAA Section 110(a)(2)(C) for PSD with the following exception, which is currentlybeing addressed. EPApreviously noted that Idaho's PSD program had a deficiency because the state did not have the authority to implement the PSDpennitting program with respect to GHG emissions (75 FR 77698). Since that time, Idaho undertook rule revisions and submitted a SIP revision to EPA onJune 20,2011, a portion ofwhich addresses this deficiency. The Idaho SIP revision includes an update to the state's incorporation by reference of40 CFR Part 52, including the federal PSDprogram regulations in 40 CFR 52.21 as ofJuly 1, 2010, and adds a new incorporationbyreference oftheTailoring Rule, which became effective after the July 1,2010, citation date. These federal rules are incorporated byreference into Idaho rules at IDAPA 58.01.01.107.03. As a result, Idaho's SIP will apply to GHG emitting sources as specified in the amended definition of"subject to regulation" in 40 CFR 52.21(b)(49). In this action EPA proposes to approve the portion ofIdaho's June 20,2011, SIP revision to apply Idaho's PSD program to GHG emitting sources at the emissions thresholds and in the same time frames as those specified in the Tailoring Rule. In conjunction with this proposed approval ofIdaho's PSD program for GHG-emitting sources, EPA is proposing to rescind the FIP at 40 CFR 52.37 whichprovides for EPA to be the PSD pennitting authority for GHG-emitting sources in Idaho. EPA is also proposingto approve Idaho's SIP submittal for 110(a)(2)(C) for the 1997 8-hour ozoneNAAQS with regards to PSD for the 1997 8-hourozoneNAAQS.
In this action, EPA is not proposing to approve or disapprove any state rules related to NSR Refonn requirements for major sources. EPA most recently approved changes to Idaho's NSR program (PSD and nonattainment NSR) including NSRRefonn, onNovember 26, 2010 (75 FR 72719). EPA has detennined that Idaho's minor NSRprogram adopted pursuant to section 11O(a)(2)(C) ofthe Act regulates emissions ofozone and its precursors. In this action, EPA is not proposing to approve or disapprove the state's existing minorNSR program itselfto the extent that it maybe inconsistent with EPA's regulations governing this program. EPA believes that a number ofstates may have minorNSR provisions that are contrary to the existing EPA regulations for this program. EPA intends to work with states to reconcile state minor NSR programs with EPA's regulatory provisions for the program. The statutory requirements of section 11O(a)(2)(C) provide for considerable flexibility indesigning minor NSR programs, and EPA believes it maybe time to revisit the regulatory requirements for this program to give the states an appropriate level offlexibility to design a program that meets their particular air quality concerns, while assuring reasonable consistency across the country in protecting the NAAQS with respect to new and modified minor sources.
Based onthe foregoing, EPA is proposing to approve the Idaho SIP as meetingthe requirements ofCAA Section 110(a)(2)(C) for the 1997 8-hour ozone NAAQS.

llO(a)(2)(D): Interstate transport: Section 110(a)(2)(D) requires SIPs to includeprovisions prohibiting any source orothertype ofemissions activity in one state from contributing significantly to nonattainment, orinterfering with maintenance ofthe NAAQS in another state,

10or from interfering with measures required to prevent significant deterioration ofair quality orto protect visibility in another state.
As noted above, this action does not address the requirements of 110(a)(2)(D)(i) for the 8-hour ozone NAAQS which havebeen addressed bytwo separate findings issued byEPA on November 26,2010 (75 FR 72705) and June 22, 2011 (76 FR 36329).
Interstate and International transport provisions: Section 11O(a)(2)(D)(U) requires SIPs to include provisions insuring compliance with the applicablerequirements ofsections 126 and 115 (relating to interstate and international pollution abatement). Specifically, section 126(a) requires new ormodified major sources to notify neighboring states ofpotential impacts from the source.
EPA analysis: EPA mostrecently approved revisions to Idaho's PSD program onNovember 26,2010 (75 FR 72719). Idaho's PSD regulations provide for notice consistent with the requirements ofthe EPA PSD program. Idaho issues notice ofits draft permits and neighboring states consistentlyreceive copies ofthose drafts. The state also has no pending obligations under section 115 or 126(b) ofthe Act. Therefore, EPA is proposing to approve the Idaho SIP as meeting the requirements ofCAA Section 11O(a)(2)(D)(ii) for the 1997 8-hourozoneNAAQS. llO(a)(2)(E): Adequate resources: Section 110(a)(2)(E) requires states to provide (i) necessary assurances that the state will have adequate personnel, funding, and authority under state law to carry out the SIP (and is not prohibited by anyprovision ofFederal or state law from carrying out the SIP orportionthereof), (ii) requires that the state complywith the requirements respecting state boards under section 128 and (iii) necessary assurances that, where the statehas relied on a local orregional government, agency, orinstrumentality for the implementation of any SIP provision, the statehas responsibility for ensuring adequate implementation ofsuch SIP provision.
Idaho's submittal: The Idaho SIP submittal addresses 110(a)(2)(E)(i) regarding adequate personnel, funding and authority and refers to specific Idaho statutory authority:
Idaho Code Section 39-106: Idaho Code Section 39-106 gives the Idaho DEQ Director the authorityto hirepersonnel to carry out duties ofthe department. With regards to personnel, the director ofthe Idaho DEQ "shall exercise the following powers and duties in addition to all other powers and duties inherent inthe position:

... Employ suchpersonnel as maybe deemed necessary, prescribe their duties and fix their compensation within the limits provided bythe state personnel system law." Withregard to authority, Idaho DEQ "andits director shall be the successor to all rights, powers and duties ofthedepartment ofhealth and welfare and its director regarding all rulemaking proceedings, administrativeproceedings, contested cases, civil actions, contracts, delegations, authorizations and othermatters pertainingto environmental protection functions."
IDAPA 58.01.01.000: "TheBoard ofEnvironmental Quality is authorized to promulgaterules for the Department ofEnvironmental Quality governing air pollution pursuant to Sections 39­ 105 and 39-107, Idaho Code."

11Idaho Code Section 39-105: Idaho Code 39-105 lays out the powers and duties ofIdaho DEQ's director including "The supervision and administration ofa system to safeguard air quality and for limiting and controlling the emission ofair contaminants." This section ofthe Idaho Code also gives the director the powerto utilize any federal aid and grants. Idaho Code Section 39-107B: Idaho Code Section 39-107B establishes the Department of Environmental Quality Fund which receives appropriated funds, transfers from the general fund, federal grants, fees for services, permitting fees and other program income. With regard to the state boards requirements under CAA Section 128, Idaho indicated in its submission that the state's Board ofEnvironmental Quality, established pursuant to Idaho Code Section 39-107, meets the requirements ofSection 128. Idaho refers to the State's Ethics in Government Act of 1990 at Idaho Code Section 59-701, et seq. which lays out the ethics requirements for public officials including acting in the public interest, disclosure ofconflicts of interest, and procedures for excusingboard members where conflicts exist.
With regard to assurances that the state has responsibility for ensuring adequate implementation oftheplan where the state has relied on local orregional government agencies, DEQ addressed the agreements with locals on nonattainment plans. On certain nonattainment plans, DEQ has entered into agreements for local implementation and enforcement ofmeasures such as wood stove and street sweeping ordinances. When DEQ relies on local enforcement it also is able to enforce the local ordinance under its own authorities. For instance, failure to street sweep when required mayconstitute a violation ofthe requirement to control fugitive dust, IDAPA 58.01.01.650-651. Ifa resident failed to comply with a woodstove ordinance, then DEQ could issue the resident a Tier II permit and enforce the ordinance terms then included in the permit.
EPA analysis: EPA is proposing to find that the above-listed laws and regulations provide Idaho DEQ with adequate authority to carryout SIP obligations with respect to the 1997 8-hour ozone NAAQS. EPA is also proposing to find that Idaho has provided necessary assurances that, where the state has relied on a local orregional government, agency, orinstrumentality for the implementation ofany SIP provision, the state has responsibility for ensuring adequate implementation ofthe SIP with regards to the 1997 8-hour ozone NAAQS. Therefore EPA is proposing to approve the Idaho SIP as meeting the requirements ofCAA Section 110(a)(2)(E)(i) and 11O(a)(2)(E)(iii) for the 1997 8-hour ozone NAAQS. Idaho's SIP submission did not address all ofthe requirements ofCAA Section 128, specificallythe provision which requires a SIP to specify that board orbody which approves permits orenforcement orders under the CAA to have at least a majority ofmembers who represent the public interest and do not derive any significant portion oftheirincome from persons subject to permits orenforcement orders under the CAA. EPA is taking no action on the stateboard requirements ofCAA 11O(a)(2)(E)(ii) at this time and will address the requirements in a separate action.

llO(a)(2)(F): Stationary source monitoring system: Section 11O(a)(2)(F) requires (i) the installation, maintenance, and replacement ofequipment, and the implementation ofother necessary steps, byowners oroperators ofstationary sources to monitor emissions from such sources, (ii) periodic reports onthe nature and amounts ofemissions and emissions-related data from such sources, and (iii) correlation ofsuchreports bythe state agency with any emission

12limitations or standards established pursuant to the CAA, which reports shall be available at reasonable times for public inspection.
Idaho's submittal: The Idaho SIP submittal states that DEQ's airqualitypermits are practically enforceable and contain requirements to (i) install, maintain and replace equipment, (ii) monitor emissions, and (iii) submit reports. The relevant codes and regulations include:
IDAPA 58.01.01.121: Compliance requirements in this section outline the authority ofidaho DEQ to require monitoring, recordkeeping and periodic reporting where sources "mayviolate the air quality provisions ofthe Act, violate an air quality order issued or entered in accordance with the Act orthese rules, or violate any ofthese rules."

IDAPA 58.01.01.122: The Idaho DEQmayissue information orders in (a) developing or assisting inthe development ofany implementation plan, any standard ofperformance, any emission standard or anyrule; (b) determining whether anyperson is in violation ofany standard ofperformance, anyemission standard, any implementation plan or any rule; or (c) carrying out any airqualityprovisions ofthe Act. Persons include owners and operators ofemissions sources. Orders include requirements to conduct emissions monitoring, record keeping, reporting and otherrequirements.

IDAPA 58.01.01.157: This section outlines test methods and procedures for source testing and reporting to the Idaho DEQ. Theregulation states a source shall submit a report within 30 days ofthe test to the Idaho DEQ accordingto the format and content in the source permit or regulation. The report is to contain all data required including documentation ofthe test method. The DEQ will analyze the test data and mayreject the test ifit fails to comply with the regulatory and permit requirements.
Idaho Code Section 9-342(A): Records are available for public inspection under Idaho's Public Records Act under section titled Access to Air Quality and Hazardous Waste Records. "Tothe extent required bythe federal Clean Air Act and the Resource Conservation and Recovery Act.

..any person mayinspect and copy: (a) Airpollution emission data; (b) The content ofany title V operatingpermit."
EPA analysis: The provisions citedby Idaho's SIP submittal provide authority for monitoring, recordkeeping and reporting requirements for sources subject to major and minor source permitting. Therefore, EPA is proposing to approve the Idaho SIP as meeting the requirements ofCAA Section 11O(a)(2)(F) for the 1997 8-hour ozone NAAQS. llO(a)(2)(G): Emergency episodes: Section 110(a)(2)(G) requires states to provide for authority to address activities causingimminent and substantial endangerment to publichealth, including contingencyplans to implement the emergency episode provisions in their SIPs.
Idaho's submittal: The Idaho SIP submittal cites the following air quality laws and regulations for this component:

13Idaho Code 39-108: This section ofldaho's code addresses Inspection and Right ofEntry authority and provides Idaho DEQ with the authority to inspect sources to ascertain compliance with applicable emission control action requirements.
Idaho Code Section 

### 39-112: This section ofldaho's code addresses emergency order authority comparable to Section 303 ofthe CAA.
IDAPA 58.01.01.550: Idaho's Air Pollution Emergency Rule states "Thepurpose ofSections 550 through 562 is to define criteria for an air pollution emergency, to formulate a plan for preventing or alleviating such an emergency, and to specifyrules for carrying out theplan."
IDAPA 58.01.01.552: Establishes 4 stages ofatmospheric stagnation and/or degraded airquality including Stage 1: Airpollution forecast and caution; Stage 2: Alert; Stage 3: Warning; and Stage 4: Emergency. This regulation also requires aninternal watchby Idaho DEQ actuated by a National Weather Servicereport that an Atmospheric Stagnation Advisory has been issued, or the equivalent local forecast ofstagnant atmospheric conditions.
IDAPA 58.01.01.556: Establishes criteria for defining pollutant levels, including ozone, within the four stages ofatmospheric stagnation and/or degraded airquality identified in 58.01.01.552.
IDAPA 58.01.01.557: Establishes requirements for publicnotification when there is atmospheric stagnation and/or degraded air quality.
IDAPA 58.01.01.558: Establishes the information to beprovided to the public through appropriate news media when there is atmospheric stagnation and/or degraded airquality.
IDAPA 58.01.01.559: Manner and frequency ofnotification to the public through the news media when there is atmospheric stagnation and/or degraded air quality.
IDAPA 58.01.01.560: Provides for notification to major sources ofregulated pollutants when there is atmospheric stagnation and/or degraded airquality.
IDAPA 58.01.01.561: Specific emissions control actions to betaken at each episode stage when there is atmospheric stagnation and/or degraded airquality.
EPA analysis: As noted inEPA's October 2,2007, guidance, the significant harm level for the 8-hour ozone NAAQS 'shall remain unchanged at 0.60 ppm ozone, 2 hour average, as indicated in 40 CFR 51.151. EPA believes that the existing ozone-related provisions of40 CFR 51 Subpart H remain appropriate. Idaho's regulations listed above, which were previously approved byEPA on January 16, 2003 (68 FR 2217), continue to beconsistent with the requirements of40 CFR 51.151. Accordingly, EPA is proposing to approve the Idaho SIP as meeting the requirements ofCAA section 11O(a)(2)(G) for the 1997 8-hour ozone NAAQS.

llO(a)(2)(H): Future SIP Revisions: Section 11O(a)(2)(H) requires that SIPs provide for revision ofsuchplan (i) from time to time as maybe necessary to take account ofrevisions of such national primary or secondary ambient airquality standard orthe availability ofimproved
14ormore expeditious methods ofattaining such standard, and (ii), except as provided in paragraph IIO(a)(3)(C), whenever the Administrator finds on the basis ofinformation available to the Administrator that the SIP is substantiallyinadequate to attain the NAAQS which it implements orto otherwise comply with any additional requirements under the CAA.
Idaho's submittal: The Idaho SIP submittal refers to Idaho Code Section 39-105(3)(d) which provides DEQ with the broad authority to revise rules, in accordance with Idaho administrative procedures for rulemaking, to meet national ambient air quality standards as incorporated by reference in IDAPA 58.01.01.107. Idaho also refers to provisions cited in their submittal related to permitting at CAA Section 110(a)(2)(A) discussed above to demonstrate that the Idaho SIP satisfies this requirement. Idaho Code Section 39-105(3)(d): This statute provides the Idaho DEQ director with broad authority to supervise and administer a system to safeguard air quality and for limiting and controlling the emission ofair contaminants.
IDAPA 58.01.01.107: Incorporates byreference EPA regulations at 40 CFR Part 50 National Primary and Secondary Ambient Air Quality Standards revised as ofJuly 1, 2008 and approved by EPA on November 26,2010 (75 FR 72719). Idaho has incorporated the 1997 8-hour ozone NAAQS byreference into Idaho regulations.
EPA analysis: EPA finds that Idaho has adequate authority to regularly update the state SIP to take into account revisions ofthe NAAQS and otherrelated regulatory changes. In practice, Idaho regularly submits SIP revisions to EPA to revise the SIP for recent federal regulatory changes. EPA most recently approved revisions to Idaho's SIP on November 26,2010 (75 FR 72719). Accordingly, EPA is proposing to approve the Idaho SIP as meeting therequirements of section 11O(a)(2)(H) for the 1997 8-hour ozone NAAQS. llO(a)(2)(I): Nonattainment area plan revision underpartD.
EPA analysis: There are two elements identified in section 110(a)(2) not governed bythe 3 year submission deadline ofsection 11O(a)(l) because SIPs incorporating necessary local nonattainment area controls are not due within 3 years afterpromulgation ofa new orrevised NAAQS, but rather due at the time ofthe nonattainment area plan requirements pursuant to section 172. These requirements are: (i) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permitprogram as required inpart D Title I ofthe CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements ofpart D, Title I ofthe CAA. As a result, this action does not address infrastructure elements related to section IIO(a)(2)(C) with respect to nonattainment NSR or section 110(a)(2)(I). llO(a)(2)(J): Consultation with government officials: Section 110(a)(2)(J) requires states to provide a process for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requirements pursuant to Section 121. Section 110(a)(2)(J) further requires states to notify thepublic ifNAAQS are exceeded in an area and to enhancepublic awareness ofmeasures that can be taken to prevent exceedances. Lastly, Section IIO(a)(2){J)

15requires states to meet applicablerequirements ofPart C related to prevention ofsignificant deterioration and visibilityprotection.
Idaho's submittal: The Idaho SIP submittal refers to laws and regulations relating to public participation processes for SIP revisions and permittingprograms. Idaho DEQ consults with other state agencies, local agencies, and nongovernmental organizations, as well as with the environmental agencies ofother states regarding air quality issues. Relevant laws and regulations include:
Idaho Code Section 39-105.03(c): Outreach with local governments is promoted under this section. "Thepowers and duties ofthe director shall include, but not be limited to

...(C) The establishment ofliaison with other governmental departments, agencies and boards in order to effectively assist other governmental entities with the planning for the control ofor abatement of environmental pollution."
Idaho Code Section 

### 39-129: DEQ has authority to enter into agreements with local governments underthis section. "The department is hereby authorized to enterinto agreements with local governments. The agreement mayinclude a binding schedule enforceable underthis chapter for the improvement, modification, construction, or other actions, necessary in order for the local government to comeinto compliance as expeditiously as practicablewith human health and environmental protection statutes and rules stemming from federal mandates."
IDAPA 58.01.01.205: Permit Requirements for NewMajor Facilities or Major Modifications in Attainment ofUnclassifiable Areas. This regulation requires Best Available Control Technology for applicable facilities where emissions ofany regulated airpollutant would have the potential to emit in excess ofthe significant rates as defined in 58.01.01.006.
IDAPA 58.01.01.209: Provides opportunityand procedures for public comment and notice to appropriate federal, state and local agencies related to actions Idaho DEQ is proposing onpermit applications to construct, including Federal Land Managers.
IDAPA 58.01.01.404: Provides opportunity and procedures for public comment and notice to appropriate federal, state and local agencies related to actions Idaho DEQis proposing onTier II operatingpermits.
EPA analysis: Idaho's SIP includes specific provisions for consulting with local governments and Federal Land Managers as specified in 

### eAA section 121, including the Idaho rules for major source PSD pennitting and Tier IIoperating pennits. Idaho DEQ routinely coordinates with local governments, states, federal land managers and other stakeholders on air qualityissues and provides notice to appropriate agencies related to permitting actions. Idaho regularlyparticipates in regional planningprocesses includingthe Western Regional Air Partnership which is a voluntary partnership ofstates, tribes, federal land managers, local air agencies and the US EPA whose purpose is to understand current and evolvingregional air qualityissues in the West. Therefore, EPA is proposing to find that Idaho's SIP meets the requirements ofCAA Section 11O(a)(2)(J) for consultation with government officials for the 1997 8-hourozoneNAAQS.

16Idaho actively participates and submits infonnation to EPA's AIRNOW and Enviroflash Air Quality Alert programs. Idaho also provides the daily air quality index to the public on their website at http://www.deq.idaho.gov/air/aqindex.cfin. as well as measures that can be taken to prevent exceedances. Therefore, EPA proposes to find that Idaho's SIP meets the requirements ofCAA Section 11O(a)(2)(J) for public notification for the 1997 8-hour ozone NAAQS. Turning to the requirement in section 11O(a)(2)(J) that the SIP meet the applicablerequirements ofpart C oftitle I ofthe CAA, EPA has evaluated this requirement in the context ofsection 11O(a)(2)(C) withrespect to pennitting. EPA mostrecently approved revisions to Idaho's PSD program on November 26, 2010 (75 FR72719). Idaho's PSD program includes NOx as a precursor for ozone. Idaho has no nonattainment areas for the 1997 8-hour ozone standard.
EPA believes that, conditioned upon the finalization ofthe rescission ofthe GHG FIP and approval ofthe SIP revision pertaining to the application ofPSD pennitting to the specified GHG sources that is part ofthis action, Idaho's SIP meets the requirements ofCAA Section 110(a)(2)(J) for PSD. EPA previouslynoted that Idaho's PSD program had a deficiencybecause the state did not have the authority to implement the PSD pennittingprogram with respect to GHG emissions (75 FR 77698). Since that time, Idaho undertook rule revisions and submitted a SIP revision to EPA onJune 20, 2011, a portion ofwhich addresses this deficiency. The Idaho SIP revision includes an update to the state's incorporation byreference of40 CFRPart 52, including federal PSD program regulations at 40 CFR 52.21 as ofJuly 1, 2010, and adds a new incorporationbyreference ofthe Tailoring Rule becausethe effective date ofthe rule is after the July 1, 2010 citation. These federal rules are incorporated byreference into Idaho rules at IDAPA 58.01.01.107.03. As a result, Idaho's SIP will apply to GHG emitting sources as specified in the amended definition of"subject to regulation" in 40 CFR 52.21(b)(49). In this action EPA isproposing to approve the portion ofIdaho's June 20, 2011, SIP revision to apply Idaho's PSD program to GHG emitting sources at the emissions thresholds and in the same time frames as those specified in the Tailoring Rule. In conjunction with this proposed approval of Idaho's PSD program for GHG-emitting sources, EPA is proposing to rescind the FIP at 40 CFR 52.37 which provides for EPA to be the PSD pennitting authority for GHG-emitting sources in Idaho. As a result, EPA is proposing to approve the Idaho SIP as meeting the requirements of CAA Section 110(a)(2)(J) for PSD for the 1997 8-hour ozone NAAQS.
With regard to the applicable requirements for visibilityprotection, EPA recognizes that states are subjectto visibility and regional haze program requirements under part C ofthe CAA. In the event oftheestablishment ofa new NAAQS, however, the visibility and regional haze program requirements under part C do not change. Thus we find that there is no new visibility obligation triggered under section 11O(a)(2)(J) when a new NAAQS becomes effective.
Based on the above, EPA is proposing to approve the Idaho SIP as meeting the requirements of CAA Section 11O(a)(2)(J) for the 1997 8-hour ozoneNAAQS. llO(a)(2)(K): Air quality and modeling/data: Section 11O(a)(2)(K) requires that SIPs provide for (i) the perfonnance ofsuch air quality modeling as the Administrator mayprescribe for the purpose ofpredicting the effect on ambient air quality ofany emissions ofany air pollutant for

17which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, ofdata related to such air quality modeling to the Administrator.
Idaho's submittal: Air quality modeling is conducted during development ofrevisions to the SIP, as appropriate for the state to demonstrate attainment with required air quality standards. Modeling is also addressed in the permittingprocess (see discussion at Section 11O(a)(2)(A) above). Estimates ofambient concentrations are based on air quality models, databases and otherrequirements specified in40 CFR 51, Appendix W (Guidelines onAir Quality Models) and incorporated byreference under IDAPA 58.01.01.107.03.
EPA analysis: EPA previously approved Idaho regulations on air quality modeling into the SIP. Wemost recently approved IDAPA 58.01.01.107, which incorporates byreference EPA regulations at 40 CFR Part 51 revised as ofJuly 1, 2008, on November 26,2010 (75 FR 72719).
We are proposing to concurrently approve theportion ofthe June 20,2011, SIP revision which updates the incorporation byreference of40 CFRPart 50, 40 CFR Part 51, 40 CFR Part 52, 40 CFR Part 53, and 40 CFR Part 58 at IDAPA 58.01.01.107.03 as ofJuly 1, 2010, as previously discussed above. While Idaho has no nonattainment areas for ozone, Idaho has submitted modeling data to EPA related to other pollutants. For example, Idaho submitted to EPA the PMlO Maintenance Plan for Ada County/Boise Idaho Area which contained supporting air qualitymodeling. The maintenanceplan was approved by EPA as a SIP revision on October 27, 2003 (68 FR 61106). Therefore, EPA is proposing to approve the Idaho SIP as meeting the requirements ofCAA Section 110(a)(2)(K) for the 1997 8-hour ozone NAAQS. llO(a)(2)(L): Permittingfees: Section 110(a)(2)(L) requires SIPs to require each major stationary sourceto paypermitting fees to cover the cost ofreviewing, approving, implementing and enforcing a permit, until such time as the SIP fee requirement is superseded byEPA's approval ofthe state's title V operatingpermit program.
Idaho's submittal: The Idaho SIP submittal states that CAA section 110(a)(2)(L) requires owners and operators ofmajor stationary sources to payto the permitting authority fees to cover the costs ofreview, implementation and enforcement until a fee requirement is superseded with respect to such sources by the Administrator's approval ofafee program under Title V. EPA approved Idaho's title V program on October 4,2001 (66 FR 50574) with an effective data of November 5, 2001. EPA regularlyreviews DEQ's title V fee program to determine ifthe fee structure is adequate to pay for the program and assure the funding is only going toward title V implementation. EPA analysis: EPA approved Idaho's title V program on October4,2001 (66 FR 50574) with an effective date ofNovember 5, 2001. While Idaho's operatingpermitprogram is not formally approved into the state's SIP, it is a legal mechanism the state canuse to ensure that Idaho DEQ has sufficient resources to support the air program, consistent with the requirements ofthe SIP. Before EPA can grant full approval, a state must demonstrate the abilityto collect adequate fees. Idaho's title V program included a demonstration the state will collect a fee from title V sources above the presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i). Idaho collects sufficient fees to administer the title V permit program. Therefore, EPA is proposingto conclude

18that Idaho has satisfied therequirements ofCAA Section 11O(a)(2)(L) for the 1997 8-hour ozone NAAQS.

llO(a)(2)(M): Consultation/participation by affected local entities: Section 110(a)(2)(M) requires states to provide for consultation and participation in SIP development bylocal political subdivisions affected bythe SIP.
Idaho's submittal: TheIdaho SIP submittal states that consultation with a variety ofdifferent state and local organizations is a regularpart ofIdaho DEQ's process ofdeveloping SIP revisions. Therequirements for planpreparation and public process includes 40 CFR 51 incorporated byreference under IDAPA 58.01.01.107.03.a. Idaho also referenced the following laws and regulations:
Idaho Code Section 39-J05.03(c): Outreach with local governments is promoted underthis section.
Idaho Code Section 

### 39-129: DEQ has authority to enter into agreements with local governments under this section.
IDAPA 58.01.01.209: Provides opportunity and procedures for public comment and notice to appropriate federal, state and local agencies related to actions Idaho DEQ is proposing onpermit applications to construct, including Federal Land Managers.
IDAPA 58.01.01.404: Provides opportunity and procedures for public comment and notice to appropriate federal, state and local agencies related to actions Idaho DEQ is proposing on TierII operating permits.
EPA analysis: EPA most recently approved IDAPA 58.01.01.107, which incorporates by reference EPA regulations at 40 CFRPart 51

- Requirements for Preparation, Adoption, and Submittal ofImplementationPlans onNovember 26,2010 (75 FR 72719). We are proposing to concurrently approve portions ofthe June 20, 2011, SIP revision which update the incorporation byreference of40 CFR Part 51 as ofJuly 1, 2010, among otherfederal regulations. EPA most recently approved Idaho permittingrules at IDAPA 58.01.01.209 and 58.01.01.404 which provide opportunity and procedures for public comment and notice to appropriate federal, state and local agencies on January 16,2003 (68 FR 2217). Therefore, EPA is proposing to approve Idaho's SIP as meeting therequirements ofCAA Section 110(a)(2)(M) for the 1997 8-hour ozone NAAQS.

F. RECOMMENDATION Idaho's infrastructure submittal includes a detailed description ofhow Idaho's laws and regulations meet each ofthe CAAinfrastructure SIP elements for the 1997 8-hourozone standard. The Idaho DEQ submittal generallymeets the requirements ofthe CAA and the guidance issuedbyEPA as outlined in this TSD, with the following exception. EPA previously noted that Idaho's PSD program had a deficiency because the state did not have the authorityto

19implement the PSD permittingprogram with respect to GHG emissions (75 FR 77698). Since that time, Idaho undertook rule revisions and submitted a SIP revision to EPA on June 20, 2011, aportion ofwhich addresses this deficiency. The Idaho SIP revision includes an update to the state's incorporation byreference of40 CFR Part 52, including federal PSD program regulations at 40 CFR 52.21, as ofJuly 1, 2010, and adds a new incorporationbyreference ofthe Tailoring Rule. These federal rules are incorporated byreference into Idaho rules at IDAPA 58.01.01.lO7.03

. As a result, Idaho's SIP will apply to GHG emitting sources as specified in the amended definition of"subject to regulation" in40 CF 52.21(b)(49). In this action EPA should approve the portion ofIdaho's June 20,2011, SIP revision to apply Idaho's PSD program to GHG emitting sources at the emissions thresholds and in the same time frames as those specified in the Tailoring Rule. In conjunction with this proposed approval ofIdaho's PSD program for**GHG~emitting** sources, EPA should proposeto rescind the FIP at 40 CFR 52.37 which provides for EPA to be the PSD permitting authority for GHG-emitting sources inIdaho. EPA should approve Idaho's submittal as meeting the requirements ofsections 110(a)(2)(A), (B), (C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M) for the 1997**8~hour** ozone standard. As noted above, this action does not address the nonattainmentprovisions of 1lO(a)(2)(C) and (I), does not address section llO(a)(2)(D)(i) and does not address the visibility provisions of110(a)(2)(J). EPA is taking no action on 110(a)(2)(E)(ii) at this time. EPA will address the requirements ofthis element in a separate action. EPA should also approve those portions ofthe June 20,2011, SIP revision which revise the incorporation byreference offederal regulations revised as ofJuly 1,2010, in orderto ensure Idaho's SIP is up to date with changes to federal regulations. EPA should not act on the portions ofthe SIP revision that are not related to the criteriapollutants regulated under title I ofthe Act orthe requirements for SIPs under section 110 ofthe Act. Finally, EPA should approve the removal oflanguagefrom the Idaho SIP, specified below, that has becomeunnecessary due to Idaho's incorporationbyreference ofthe federal NAAQS and the federal PSD regulations. Specifically, EPA is proposing to approve theremoval ofthe subsections ofIDAPA 58.01.01.577 "Ambient Air Quality Standards for Specific Pollutants" that relate to pollutants for which EPA has promulgated a NAAQS, and which are now unnecessary because Idaho has incorporated the federal NAAQS byreference into the state SIP. EPA is also proposing to approve the changes to Idaho's PSD regulations at IDAPA 58.01.01.581.01 to remove the increments table in its entirety, and to insteadreference the federal PSD incrementrequirements contained in 40 CFR 52.21(c), which are incorporated byreference in the Idaho SIP.

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