33892 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules 

obligations discussed herein do not 

apply to Indian tribes and thus this 

proposed action will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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: June 25, 2018. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

Dated: June 26, 2018. 

Chris Hladick, 

Regional Administrator, Region 10. 

[FR Doc. 2018–15343 Filed 7–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0509; FRL–9980– 

89—Region 10] 

Air Plan Approval; Idaho; Interstate 

Transport Requirements for the 2012 

PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Clean Air Act (CAA) 

requires each State Implementation Plan 

(SIP) to contain adequate provisions 

prohibiting emissions that will have 

certain adverse air quality effects in 

other states. On December 23, 2015, the 

State of Idaho made a submission to the 

Environmental Protection Agency (EPA) 

to address these requirements. The EPA 

is proposing to approve the submission 

as meeting the requirement that each 

SIP contain adequate provisions to 

prohibit emissions that will contribute 

significantly to nonattainment or 

interfere with maintenance of the 2012 

annual fine particulate matter (PM2.5) 

national ambient air quality standard 

(NAAQS) in any other state. 

DATES: Comments must be received on 

or before August 17, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2018–0509 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, Air Planning Unit, Office of Air 

and Waste (OAW–150), Environmental 

Protection Agency, Region 10, 1200 

Sixth Ave, Suite 155, Seattle, WA 

98101; telephone number: (206) 553– 

0256; email address: hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. This supplementary 

information section is arranged as 

follows: 

Table of Contents 

I. What is the background of this SIP 

submission? 

II. What guidance or information is the EPA 

using to evaluate this SIP submission? 

III. The EPA’s Review 

IV. What action is the EPA taking? 

V. Statutory and Executive Order Reviews 

I. What is the background of this SIP 

submission? 

This rulemaking addresses a 

submission from the Idaho Department 

of Environmental Quality (IDEQ) 

assessing interstate transport 

requirements for the 2012 annual PM2.5

NAAQS. The requirement for states to 

make a SIP submission of this type 

arises from section 110(a)(1) of the CAA. 

Pursuant to section 110(a)(1), states 

must submit within 3 years (or such 

shorter period as the Administrator may 

prescribe) after the promulgation of a 

national primary ambient air quality 

standard (or any revision thereof), a 

plan that provides for the 

implementation, maintenance, and 

enforcement of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

the EPA taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. The 

EPA commonly refers to such state 

plans as ‘‘infrastructure SIPs.’’ 

Specifically, this rulemaking addresses 

the requirements under CAA section 

110(a)(2)(D)(i)(I), otherwise known as 

the ‘‘good neighbor’’ provision, which 

requires SIPs to contain adequate 

provisions to prohibit emissions that 

will contribute significantly to 

nonattainment or interfere with 

maintenance of the NAAQS in any other 

state. 

II. What guidance or information is the 

EPA using to evaluate this SIP 

submission? 

The most recent relevant document 

was a memorandum published on 

March 17, 2016, titled ‘‘Information on 

the Interstate Transport ‘‘Good 

Neighbor’’ Provision for the 2012 Fine 

Particulate Matter National Ambient Air 

Quality Standards under Clean Air Act 

Section 110(a)(2)(D)(i)(I)’’ 

(memorandum). The memorandum 

describes the EPA’s past approach to 

addressing interstate transport, and 

provides the EPA’s general review of 

relevant modeling data and air quality 

projections as they relate to the 2012 

annual PM2.5 NAAQS. The 

memorandum provides information 

relevant to the EPA regional office 

review of the CAA section 

110(a)(2)(D)(i)(I) ‘‘good neighbor’’ 

provision in infrastructure SIPs with 

respect to the 2012 annual PM2.5

NAAQS. This rulemaking considers 

information provided in that 

memorandum. 

The memorandum also provides 

states and the EPA regional offices with 

future year annual PM2.5 design values 

for monitors in the United States based 

on quality assured and certified ambient 

monitoring data and air quality 

modeling. The memorandum describes 

how these projected potential design 

values can be used to help determine 

which monitors should be further 

evaluated to potentially address 

whether emissions from other states 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2012 annual PM2.5

NAAQS at those sites. The 

memorandum explains that the 

pertinent year for evaluating air quality 

for purposes of addressing interstate 

transport for the 2012 PM2.5 NAAQS is 

2021, the attainment deadline for 2012 

PM2.5 NAAQS nonattainment areas 

classified as Moderate. 


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1 Idaho was not part of the CSAPR rulemaking. 

The EPA approved the Idaho SIP as meeting the 

CAA section 110(a)(2)(D)(i)(I) requirements for the 

1997 ozone and 1997 PM2.5 NAAQS on November 

26, 2010 (75 FR 72705) and the 2006 PM2.5 NAAQS 

on April 17, 2015 (80 FR 21181). 

2See California: Imperial County, Los AngelesSouth Coast Air Basin, Plumas County, San Joaquin 

Valley Area Designations for the 2012 Primary 

Annual PM2.5 National Ambient Air Quality 

Standard Technical Support Document. 

Based on this approach, the potential 

receptors are outlined in the 

memorandum. Most of the potential 

receptors are in California, located in 

the San Joaquin Valley or South Coast 

nonattainment areas. However, there is 

also one potential receptor in Shoshone 

County, Idaho, and one potential 

receptor in Allegheny County, 

Pennsylvania. The memorandum also 

indicates that for certain states with 

incomplete ambient monitoring data, 

additional information including the 

latest available data should be analyzed 

to determine whether there are potential 

downwind air quality problems that 

may be impacted by transported 

emissions. 

This rulemaking considers analysis in 

Idaho’s submission, as well as 

additional analysis conducted by the 

EPA during review of its submission. 

For more information on how we 

conducted our analysis, please see the 

technical support document (TSD) 

included in the docket for this action. 

III. The EPA’s Review 

This rulemaking proposes action on 

Idaho’s December 23, 2015, SIP 

submission addressing the good 

neighbor provision requirements of 

CAA section 110(a)(2)(D)(i)(I). State 

plans must address specific 

requirements of the good neighbor 

provisions (commonly referred to as 

‘‘prongs’’), including: 

—Prohibiting any source or other type 

of emissions activity in one state from 

contributing significantly to 

nonattainment of the NAAQS in 

another state (prong one); and 

—Prohibiting any source or other type 

of emissions activity in one state from 

interfering with maintenance of the 

NAAQS in another state (prong two). 

The EPA has developed a consistent 

framework for addressing the prong one 

and two interstate transport 

requirements with respect to the PM2.5

NAAQS in several previous federal 

rulemakings. The four basic steps of that 

framework include: (1) Identifying 

downwind receptors that are expected 

to have problems attaining or 

maintaining the relevant NAAQS; (2) 

identifying which upwind states 

contribute to these identified problems 

in amounts sufficient to warrant further 

review and analysis; (3) for states 

identified as contributing to downwind 

air quality problems, identifying 

upwind emissions reductions necessary 

to prevent an upwind state from 

significantly contributing to 

nonattainment or interfering with 

maintenance of the relevant NAAQS 

downwind; and (4) for states that are 

found to have emissions that 

significantly contribute to 

nonattainment or interfere with 

maintenance of the relevant NAAQS 

downwind, reducing the identified 

upwind emissions through adoption of 

permanent and enforceable measures. 

This framework was applied with 

respect to PM2.5 in the Cross-State Air 

Pollution Rule (CSAPR), designed to 

address both the 1997 and 2006 PM2.5

standards, as well as the 1997 ozone 

standard.1

In its submission, IDEQ reviewed 

2010 to 2014 air quality monitoring data 

to identify potential downwind 

receptors that may have problems 

attaining or maintaining the 2012 PM2.5

NAAQS. IDEQ then reviewed 

geographical distance, topography, 

meteorology (local air stagnation and 

prevailing wind patterns), Interagency 

Monitoring of Protected Visual 

Environment (IMPROVE) monitoring 

data and regional modeling conducted 

by the Western Regional Air Partnership 

(WRAP), 2011 national emission 

inventory (NEI) data, and the EPA’s 

technical support document for 

California areas designated as 

nonattainment for the 2012 annual 

PM2.5 NAAQS.2 From this analysis IDEQ 

concluded that Idaho does not 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2012 PM2.5 NAAQS 

in any other state. 

As discussed in the TSD for this 

action, we came to the same conclusion 

as the state. In our evaluation, potential 

downwind nonattainment and 

maintenance receptors were identified 

in other states. The EPA evaluated these 

potential receptors to determine first if, 

based on review of relevant data and 

other information, there would be 

downwind nonattainment or 

maintenance problems, and if so, 

whether Idaho contributes to such 

problems in these areas. After reviewing 

air quality reports, modeling results, 

designation letters, designation 

technical support documents, 

attainment plans and other information 

for these areas, we find there is no 

contribution sufficient to warrant 

additional SIP measures. Therefore, we 

are proposing to approve the Idaho SIP 

as meeting CAA section 110(a)(2)(i)(I) 

interstate transport requirements for the 

2012 PM2.5 NAAQS. 

IV. What action is the EPA taking? 

The EPA is proposing to approve 

IDEQ’s December 23, 2015, submission 

certifying that the Idaho SIP is sufficient 

to meet the interstate transport 

requirements of CAA section 

110(a)(2)(D)(i)(I), specifically prongs one 

and two, as set forth above. The EPA is 

requesting comments on the proposed 

approval. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 


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33894 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide 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 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: July 3, 2018. 

Chris Hladick, 

Regional Administrator, Region 10. 

[FR Doc. 2018–15251 Filed 7–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0276; FRL–9980– 

93—Region 5] 

Air Plan Approval; Illinois; Permit-byRule Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Illinois State 

Implementation Plan (SIP) to establish a 

general framework for permits-by-rule 

(PBR) and specifically provide a PBR for 

small boilers. In addition, EPA is 

proposing to approve other state 

provisions that are affected by the 

addition of the PBR regulations, as well 

as minor changes in nomenclature. 

DATES: Comments must be received on 

or before August 17, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2017–0276 at http://

www.regulations.gov, or via email to 

damico.genevieve@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Danny Marcus, Environmental Engineer, 

Air Permits Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8781, marcus.danny@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

A. Minor New Source Review 

B. Title V Operating Permit Program 

C. Permits-by-Rule 

II. Discussion of the State’s Submittal 

A. Rule Revisions That EPA Is Proposing 

To Approve 

B. Rule Revision for Which EPA Is Taking 

No Action 

III. What is EPA’s analysis? 

A. The Revisions Are Consistent With 

Section 110(a)(2)(C) of the CAA and the 

Applicable Regulations 

B. The Revisions Do Not Interfere With 

Any Applicable CAA Requirement 

Under Section 110(l) of the CAA 

IV. What action is EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

A. Minor New Source Review 

Section 110(a)(2)(C) of the Clean Air 

Act (CAA) requires that every SIP 

include a program to regulate the 

construction and modification of 

stationary sources to ensure attainment 

and maintenance of the National 

Ambient Air Quality Standards 

(NAAQS). Parts C and D of the CAA 

(sections 160 through 190) require the 

establishment of a New Source Review 

(NSR) program for sources whose 

Potential to Emit (PTE) is above certain 

air pollution thresholds. For such 

‘‘major sources,’’ Prevention of 

Significant Deterioration (PSD) 

provisions will generally apply in areas 

that have attained the NAAQS, while 

Nonattainment New Source Review 

(NNSR) provisions will apply in areas 

that have not attained the NAAQS. 

The permitting program for minor 

sources is addressed by section 

110(a)(2)(C) of the CAA. A minor source 

is one whose PTE is lower than the 

major NSR applicability threshold for a 

particular pollutant. States must 

develop minor NSR programs to comply 

with the Federal requirements for state 

minor NSR programs contained in 40 

CFR 51.160 through 51.164. The 

provisions of a minor NSR program 

must include legally enforceable 

procedures that enable the permitting 

authority to determine whether the 

construction or modification of a source 

will result in a violation of applicable 

portions of the control strategy or 

interfere with attainment or 

maintenance of a NAAQS. 40 CFR 

51.160(a). 

The minor NSR requirements are 

considerably less prescriptive than 

those for major sources. EPA has long 

recognized that such rules are an 

effective means to ensure that sources 

whose emissions are less than the major 

source thresholds are nonetheless 

reviewed to ensure protection of the 

NAAQS. See, e.g., 76 FR 38748, 38752 

(July 1, 2011). The Illinois 

Environmental Protection Agency 

(IEPA) implements the minor source 

NSR program under 35 Illinois 

Administrative Code (IAC) 201. EPA 

approved Illinois’ minor NSR program 

on December 17, 1992 (57 FR 59928). 

B. Title V Operating Permit Program 

Title V of the CAA (sections 501 

through 507) requires that all major 

stationary sources have permits that 

contain all requirements that are 

applicable under the CAA, as well as 

adequate monitoring. Title V and its 

implementing regulations at 40 CFR part 

70 provide for the establishment of 

comprehensive State air quality 

operating permitting programs 

consistent with the requirements of title 

V. The title V operating permit program 

in Illinois, which EPA fully approved 

on November 30, 2001, is referred to as 

the Clean Air Act Permit Program or 

‘‘CAAPP’’ (66 FR 62946, December 4, 


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