Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Proposed Rules 2955 

1The current one-hour action criteria under 

IDAPA 58.01.01.556 is an average of 80 mg/m3 for 

PM2.5 and an average of 385 ug/m3 for PM10. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2017–0566: FRL–9973– 

21—Region 10] 

Air Plan Approval; ID, Crop Residue 

Burning; Revision to Ozone 

Requirement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the portions of Idaho’s State 

Implementation Plan (SIP) related to 

agricultural crop residue burning. The 

Director of the Idaho Department of 

Environmental Quality (IDEQ) 

submitted the revisions to EPA on 

September 22, 2017. IDEQ 

supplemented the original submission 

with photochemical modeling analyses 

on October 23, 2017. The revisions 

change the ambient ozone concentration 

level at which IDEQ may approve a 

permittee’s request to burn. EPA is 

proposing to approve the revisions 

because they satisfy the requirements of 

the Clean Air Act. This action is being 

taken under section 110 of the Clean Air 

Act (the Act or CAA). 

DATES: Written comments must be 

received on or before February 21, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2017–0566, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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, 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: 

Randall Ruddick, Air Planning Unit, 

Office of Air and Waste (OAW–150), 

Environmental Protection Agency, 

Region 10, 1200 Sixth Ave., Suite 900, 

Seattle, WA 98101; telephone number: 

206–553–1999, email address: 

ruddick.randall@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is 

intended to refer to the EPA. 

Table of Contents: 

I. Background 

A. Idaho’s Crop Residue Burning Program 

B. Idaho’s Proposed SIP Revision 

C. 2015 Ozone NAAQS Background 

II. EPA’s Review of Idaho’s Submittal 

A. Summary of Idaho’s Demonstration 

B. Clean Air Act § 110(l) Requirements 

III. EPA’s Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

A. Idaho’s Crop Residue Burning 

Program 

Idaho’s regulations at Idaho 

Administrative Procedures Act (IDAPA) 

58.01.01.617 through 624 contain the 

federally-approved State 

Implementation Plan (SIP) provisions 

regulating open burning of crop residue 

in Idaho. These rules were approved by 

EPA on August 1, 2008, (73 FR 44915) 

and were submitted to EPA in response 

to the Ninth Circuit Court of Appeals 

decision in Safe Air for Everyone v. 

USEPA, 475 F.3d 1096, amended 488 

F.3d 1088 (9th Cir 2007). More 

information regarding the Ninth Circuit 

Court of Appeals decision and the 

federally-approved requirements for 

crop residue burning can be found in 

EPA’s proposed and final actions on the 

state’s 2008 SIP submittal. 73 FR 23155 

(April 29, 2008) and 73 FR 44915 

(August 1, 2008). 

In 2013, EPA approved revisions 

related to Idaho’s open burning and 

crop residue burning requirements that 

established a streamlined permitting 

process for spot burns, baled 

agricultural residue burns, and propane 

flaming. The revisions also made minor 

changes to the existing crop residue 

burning rules to update cross references 

and clarify certain administrative 

information. More information 

regarding the revisions EPA approved in 

2013 can be found in EPA’s proposed 

and final actions on the state’s 2011 SIP 

submittal. 78 FR 2359 (January 11, 2013) 

and 78 FR 16790 (March 19, 2013). 

Idaho’s federally-approved crop 

residue burning rules at IDAPA 

58.01.01.617 currently provide that the 

open burning of crop residue on fields 

where the crops were grown is an 

allowable form of open burning if 

conducted in accordance with the 

provisions at IDAPA 58.01.01.618 

through 624. In brief, these rules require 

that a person desiring to burn crop 

residue must register at least thirty days 

in advance of the date of the proposed 

burn, pay a fee at least seven days prior 

to the burn, contact the IDEQ for initial 

approval at least 12 hours prior to the 

burn, obtain final approval from the 

IDEQ the morning of the burn, and 

submit a post-burn report to the IDEQ. 

In addition, all persons intending to 

dispose of crop residue through burning 

must abide by all of the general 

provisions in IDAPA 58.01.01.622 

which covers such items as training 

requirements, reporting requirements, 

and certain limitations on burning. 

The criteria according to which IDEQ 

may approve a request to burn crop 

residue are delineated in IDAPA 

58.01.01.621. Importantly, the federally 

approved version currently in Idaho’s 

SIP requires that IDEQ, before approving 

a permittee’s request to burn, determine 

that ambient air quality levels do not 

exceed seventy-five percent of any 

NAAQS concentration level on the day 

when the burning will occur and are not 

projected to exceed such level over the 

next 24 hours. In addition, IDEQ must 

determine that ambient air quality levels 

have not reached, and are not forecasted 

to reach and persist at, eighty percent of 

the one-hour action criteria for 

particulate matter under IDAPA 

58.01.01.556.1 Thus, IDEQ will not 

approve a burn if these levels are 

expected to be exceeded as a result of 

the burn. In determining whether to 

approve the burn, IDEQ must also 

consider the expected emissions from 

the proposed burn, the proximity of the 

proposed burn to other burns, the 

moisture content of the fuels, the 

acreage, crop type and other fuel 

characteristics, existing and expected 

meteorological conditions, the 

proximity of the proposed burn to 

institutions with sensitive populations, 

public roadways, and airports, and other 

relevant factors. See IDAPA 

58.01.01.621.01. IDEQ must also notify 

the public as to whether a given day is 

a burn or no-burn day; the location and 

number of acres permitted to be burned; 

meteorological conditions and any real 

time ambient air quality monitoring 

data, and a toll-free number to receive 

request for information. IDAPA 

58.01.01.623. 


ethrower on DSK3G9T082PROD with PROPOSALS
2956 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Proposed Rules 

2 Idaho’s negotiated rulemaking process is 

described in Section 67–5220, Idaho Code and 

IDAPA 04.11.01.810 through 819. 

3See 80 FR 65296; October 26, 2015, for a 

detailed explanation of the calculation of the 3-year 

8-hour average and 40 CFR part 50, Appendix U. 

4These levels are commonly referred to in parts 

per billion (ppb): 75 ppb and 70 ppb, respectively. 

B. Idaho’s Proposed SIP Revision 

On September 22, 2017, Idaho 

submitted a SIP revision request to EPA. 

This SIP submittal contains one change 

to the federally-approved crop residue 

burning rules. Specifically, the 

September 22, 2017, SIP submittal 

revises the ozone concentration level at 

which IDEQ may authorize 

(authorization level) agricultural crop 

residue burning (CRB) at IDAPA 

58.01.01.621.01 and Idaho Code 39–114 

(codification of Idaho Senate Bill 1009, 

Section 3) from seventy-five to ninety 

percent of the Ozone NAAQS. This 

revision does not change the 

authorization levels for any other 

NAAQS and all other CRB requirements 

remain unchanged. 

IDEQ submitted this revision after 

concluding that an authorization level 

of seventy-five percent of the Ozone 

NAAQS was problematic because it 

prohibited IDEQ from allowing burning 

on what would otherwise be a desirable 

day to burn from a smoke management 

perspective—when smoke would rise 

well into the transport layer and 

disperse well. IDEQ asserts burning on 

days when smoke dispersion is better 

will further limit negative impacts on 

public health. 

In the September 22, 2017, submittal, 

the IDEQ described the process for 

making the rule changes and noted that 

the changes were drafted in conjunction 

with negotiated rulemaking involving 

persons having an interest in the 

development of this rule. IDEQ’s 

negotiated rulemaking process 2 did not 

result in a consensus regarding the SIP 

revisions Idaho submitted on September 

22, 2017. 

C. 2015 Ozone NAAQS Background 

On October 1, 2015, EPA signed a 

notice of final rulemaking that revised 

the 8-hour primary and secondary 

Ozone NAAQS (80 FR 65292; October 

26, 2015). While both standards retain 

the same general form and averaging 

time (annual fourth-highest daily 

maximum 8-hour average concentration, 

averaged over three years 3), they were 

lowered from 0.075 parts per million 

(ppm) to a level of 0.070 ppm.4 The 

revised 2015 Ozone NAAQS provides 

greater protection of public health and 

the environment than the previous 2008 

Ozone NAAQS. 

Following promulgation of a new or 

revised NAAQS, EPA is required by 

section 107(d)(1) of the CAA to 

designate areas throughout the United 

States as attainment, nonattainment, or 

unclassifiable for the NAAQS. 

Nonattainment areas include both areas 

that are violating the NAAQS, and 

nearby areas with emissions sources or 

activities that contribute to violations in 

those areas. States with areas designated 

nonattainment are required to prepare 

and submit a plan for attaining the 

NAAQS in the area as expeditiously as 

practicable. 

On November 6, 2017, EPA issued 

final designations for the 2015 Ozone 

NAAQS for most areas in the United 

States. Specifically, we found that Idaho 

meets the standard statewide and issued 

a final designation of ‘‘attainment/ 

unclassifiable’’ for Idaho statewide. This 

final designation became effective 

January 16, 2018. 

II. EPA’s Review of Idaho’s Submittal 

A. Summary of Idaho’s Demonstration 

Idaho submitted a ‘‘Weight of 

Evidence’’ demonstration containing 

multiple analyses of ozone monitoring 

data; they also submitted photochemical 

modeling to demonstrate that the 

proposed SIP revision would not 

interfere with attainment of the 2015 

Ozone NAAQS. (See Docket EPA–R10_

OAR–2017–0566: 002_state submittals_

Weight of Evidence SIP narrative CRBO3 

crop residue burning ozone.pdf and 

004_state submittals_2017ACQ100 final 

CRB Ozone Modeling SIP amendment 

Report EPA submittal.pdf respectively.) 

Idaho’s demonstration uses several 

different approaches to evaluate existing 

ozone monitoring data from 2011 

through 2015 to attempt to quantify the 

impacts of crop residue burning during 

that period upon ambient ozone 

concentrations. Through this 

methodology, it attempts to demonstrate 

that the range of ambient impacts from 

historic crop residue burning have not 

exceeded levels that would be expected 

to cause a violation of the 2015 Ozone 

NAAQS. Idaho’s demonstration further 

provides that the universe of sources 

participating in the crop residue 

burning program is stable and that 

ozone precursor emissions under the 

proposed revised SIP will not increase 

even though there is no provision in the 

SIP which explicitly limits the scope of 

CRB either in terms of a limit on acres 

burned or emissions generated by the 

practice. Finally, Idaho supplemented 

its ‘‘Weight of Evidence’’ demonstration 

with a photochemical modeling 

demonstration that evaluated whether 

increasing the SIP’s CRB authorization 

level to ninety percent of the Ozone 

NAAQS concentration would result in a 

violation of the NAAQS and concluded 

that Idaho would continue to attain the 

Ozone NAAQS at this higher 

authorization level. EPA’s analysis of 

Idaho’s demonstration is included in 

our Technical Support Document 

(Docket R10–OAR–2017–0566, 101_

Technical Support Document_ID 2017 

CRB Ozone Revision.pdf) and elsewhere 

in this Notice. 

B. Clean Air Act § 110(l) Requirements 

Approvals to revisions of SIPs are 

subject to the requirements of CAA 

§ 110(l). Under section 110(l), the 

Administrator may not approve a SIP 

revision ‘‘if the revision would interfere 

with any applicable requirements 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of [the Act].’’ 

We considered all of the NAAQS 

pollutants and determined the most 

relevant pollutants for this evaluation 

are PM2.5, PM10, and ozone. PM and 

ozone are relevant because the EPA’s 

recent review of the NAAQS for these 

pollutants resulted in more stringent 

standards (78 FR 3085, January 15, 

2013; and 80 FR 65292; October 26, 

2015). There are no nonattainment areas 

for carbon monoxide, sulfur dioxide, 

nitrogen dioxide or lead. AQS data 

show the levels for these pollutants are 

well below the standards. 

Idaho’s CRB ozone authorization level 

SIP revision does not affect a change in 

Idaho’s Regional Haze SIP (approved 

November 8, 2012, 77 FR 66929) 

because it does not change or impose a 

limit on the quantity of light impairing 

pollutants emitted from crop residue 

burning. Idaho’s 5-Year Progress Report, 

submitted June 28, 2016, demonstrates 

visibility improvement at all three of the 

Class I area monitoring sites, Craters of 

the Moon National Monument, 

Sawtooth Wilderness, and SelwayBitterroot Wilderness. Current regional 

haze plan strategies are sufficient for 

Idaho and its neighboring states to meet 

their reasonable progress goals. 

Our findings in the 2008 approval (73 

FR 23155, April 29, 2008) that CRB was 

not the cause of PM nonattainment 

issues are still valid. The same 

reasoning applies to the West Silver 

Valley nonattainment area as well. 

Residential wood combustion in the 

cold, winter months during atmospheric 

inversions is most responsible for 

elevated particulate matter in these 

areas. Prescribed burning in the late 

autumn and early spring also 

contributes substantially. The CRB 

authorization level and control 

measures specific to PM2.5 and PM10 are 


ethrower on DSK3G9T082PROD with PROPOSALS
Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Proposed Rules 2957 

not changing under this proposed SIP 

revision. The revision will not interfere 

in attainment or reasonable further 

progress or any other applicable 

requirement with respect to either PM 

NAAQS. 

To address 110(l) requirement for 

ozone, we reviewed Idaho’s ‘‘Weight of 

Evidence’’ demonstration submitted 

September 22, 2017, and their 

supplemental modeling analyses 

submitted October 23, 2017. Based on 

our review of Idaho’s modeling and 

monitor data analyses we conclude that 

the proposed revision to Idaho’s CRB 

ozone authorization level will not 

interfere with attainment or reasonable 

further progress with the 2015 Ozone 

NAAQS or any other applicable CAA 

requirement. 

Section 107(d)(1)(A)(i) of the CAA 

defines a ‘‘nonattainment area’’ as ‘‘any 

area that does not meet (or that 

contributes to ambient air quality in a 

nearby area that does not meet) the 

national primary or secondary ambient 

air quality standard for the pollutant.’’ 

If an area meets either prong of this 

definition, then the EPA is obligated to 

designate the area as ‘‘nonattainment.’’ 

There are no areas designated as 

nonattainment for ozone in the state of 

Idaho (82 FR 54232, November 16, 

2017), in part, because we do not 

believe Idaho is contributing to 

violations of the 2015 Ozone NAAQS in 

other states. 

III. EPA’s Proposed Action 

We have reviewed Idaho’s 

demonstration that revising the CRB 

ozone authorization level from seventyfive percent to ninety percent of the 

Ozone NAAQS is still protective of the 

NAAQS, will not result in an increase 

of emissions, and will not interfere with 

attainment of the 2015 Ozone NAAQS. 

We believe Idaho adequately justified its 

conclusions with respect to each of 

these. EPA’s approval decision is based 

primarily on the photochemical 

modeling with secondary reliance on 

the weight of evidence demonstration 

put forth by Idaho. See Docket R10– 

OAR–2017–0566, 101_Technical 

Support Document_ID 2017 CRB Ozone 

Revision.pdf for details on our review of 

the state submittal. Based on the 

information provided by Idaho, as 

discussed in our Technical Support 

Document, we propose to approve 

Idaho’s SIP revision and amend the 

authorization level for CRB to 90% of 

the Ozone NAAQS. Authorization levels 

for CRB in Idaho’s SIP will remain at 

75% for all other NAAQS. 

Under CAA section 110(k), EPA is 

proposing to approve revisions to 

Idaho’s SIP requested in their 

September 22, 2017, SIP submittal. 

Moreover, based on the factors 

discussed above, we also conclude that 

approval of the SIP submittal will not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the Clean Air 

Act. 

IV. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Idaho regulations for Burn Approval 

Criteria at IDAPA 58.01.01.621.01 and 

Idaho Code 39–114, State Effective 

February 28, 2018, discussed in Section 

I.B. of the preamble. EPA has made, and 

will continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the ‘‘For Further 

Information Contact’’ section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed 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 proposed 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 

application of those requirements would 

be inconsistent with the Clean Air Act; 

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). 

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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Volatile organic compounds. 

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

Dated: January 11, 2018. 

Chris Hladick, 

Regional Administrator, EPA Region 10. 

[FR Doc. 2018–01039 Filed 1–19–18; 8:45 am] 

BILLING CODE 6560–50–P 


ethrower on DSK3G9T082PROD with PROPOSALS