51318 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 8, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–19818 Filed 9–14–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R10–OAR–2020–0305; FRL–8878–01– 

R10] 

Air Plan Approval; ID; West Silver 

Valley Redesignation to Attainment for 

the 2012 Annual PM2.5 Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

redesignate the West Silver Valley, 

Idaho nonattainment area to attainment 

for the 2012 annual fine particulate 

matter (PM2.5) National Ambient Air 

Quality Standard (NAAQS). EPA is also 

proposing to approve a maintenance 

plan for the area demonstrating 

continued compliance with the NAAQS 

through 2031, which the Idaho 

Department of Environmental Quality 

(IDEQ) submitted along with the 

redesignation request on June 2, 2020, 

for inclusion into the Idaho State 

Implementation Plan (SIP). 

Additionally, EPA is proposing to 

approve the 2031 motor vehicle 

emissions budgets included in Idaho’s 

maintenance plan for PM2.5, nitrogen 

oxides (NOX) and volatile organic 

compounds (VOCs). EPA is proposing 

this action pursuant to the Clean Air Act 

(CAA or the Act). 

DATES: Comments must be received on 

or before October 15, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2020–0305, at https://

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 

electronically submit 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. 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-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Claudia Vaupel, (206) 553–6121, 

vauepl.claudia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

intended to refer to EPA. 

Table of Contents 

I. Background 

II. Requirements for Redesignation to 

Attainment 

III. EPA’s Analysis of Idaho’s Submittal 

A. Attainment Determination 

B. Applicable Requirements Under Section 

110 and Part D of the CAA 

1. CAA Section 110 General SIP 

Requirements 

2. Part D of Title I Requirements 

C. Improvement in Air Quality Due to 

Permanent and Enforceable Measures 

D. Fully Approved Maintenance Plan 

1. Attainment Inventory 

2. Maintenance Demonstration 

3. Monitoring Network 

4. Verification of Continued Attainment 

5. Contingency Plan 

E. Requirements for Transportation 

Conformity and Motor Vehicle Emissions 

Budgets (MVEBs) 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On December 14, 2012, EPA 

promulgated a revised primary annual 

PM2.5 NAAQS to provide increased 

protection of public health from fine 

particle pollution. 78 FR 3086 (January 

15, 2013). In that action, EPA 

strengthened the primary annual PM2.5

standard from 15.0 micrograms per 

cubic meter (mg/m3) to 12.0 mg/m3, 

which is attained when the 3-year 

average of the annual arithmetic means 

does not exceed 12.0 mg/m3. On 

December 18, 2014, EPA promulgated 

initial designations for the 2012 primary 

PM2.5 NAAQS based on 2011–2013 air 

quality monitoring data for the majority 

of the United States. 80 FR 2206 

(January 15, 2015). In that action, EPA 

designated the West Silver Valley in 

Shoshone County, Idaho as a moderate 

nonattainment area for the 2012 annual 

PM2.5 NAAQS. See 40 CFR 81.313. 

On April 6, 2018, EPA published a 

‘‘finding of failure to submit’’ required 

SIP elements for the 2012 annual PM2.5

NAAQS for several nonattainment areas 

nationwide, including the West Silver 

Valley in Idaho. See 83 FR 14759. In 

particular, Idaho failed to submit the 

following specific moderate area SIP 

elements for the West Silver Valley: An 

attainment demonstration; control 

strategies, including reasonably 

available control measures (RACM) and 

reasonably available control 

technologies (RACT); a reasonable 

further progress (RFP) plan; quantitative 

milestones; and contingency measures. 

This finding triggered the sanctions 

clock under section 179 of the CAA, as 

well as an obligation under section 

110(c) of the CAA for EPA to 

promulgate a Federal Implementation 

Plan no later than 2 years from the 

effective date of the finding, if Idaho has 

not submitted, and EPA has not 

approved, the required SIP submission. 

On December 21, 2018, EPA 

determined that the West Silver Valley 

attained the 2012 annual PM2.5 NAAQS 

based on 2015–2017 ambient air quality 

monitoring data and made a ‘‘clean data 

determination.’’ 83 FR 65535. A clean 

data determination suspends certain 

planning requirements for the area, 

including the requirement to submit an 

attainment demonstration and 

associated RACM, including RACT, an 

RFP plan, and contingency measures for 

failure to attain or meet RFP. These 

requirements are suspended as long as 

the area continues to meet the 2012 

annual PM2.5 NAAQS. When the area is 

redesignated to attainment, the 

requirements are permanently 

discharged. 

II. Requirements for Redesignation to 

Attainment 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA, 42 U.S.C. 

7407(d)(3)(E), allows for redesignation 

provided that: (1) EPA determines that 

the area has attained the applicable 

NAAQS; (2) EPA has fully approved the 

applicable implementation plan for the 

area under section 110(k) of the CAA; 

(3) EPA determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 


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Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules 51319 

1See ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990,’’ 57 FR 13498, 

April 16, 1992. 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) EPA has 

fully approved a maintenance plan for 

the area as meeting the requirements of 

section 175A of the CAA; and (5) the 

state containing such area has met all 

requirements applicable to the area 

under section 110 and part D of the 

CAA. In this proposed action, EPA will 

review CAA section 107(d)(3)(E) 

requirements (2) and (5) together as part 

of our evaluation of Idaho’s 

redesignation request. 

EPA has provided guidance on 

redesignation in the CAA ‘‘General 

Preamble,’’ 1 and has provided further 

guidance on processing redesignation 

requests in the following documents: (1) 

‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, September 4, 1992 (Calcagni 

memorandum); (2) ‘‘State 

Implementation Plan (SIP) Actions 

Submitted in Response to Clean Air Act 

(CAA) Deadlines,’’ Memorandum from 

John Calcagni, Director, Air Quality 

Management Division, October 28, 1992; 

and (3) ‘‘Part D New Source Review 

(Part D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994. 

These documents are included in the 

docket for this proposed action. 

III. EPA’s Analysis of Idaho’s Submittal 

EPA is proposing to redesignate the 

West Silver Valley to attainment for the 

2012 annual PM2.5 NAAQS and to 

approve Idaho’s related maintenance 

plan. EPA’s proposed approval of the 

redesignation request and maintenance 

plan is based upon EPA’s determination 

that the area continues to attain the 

2012 annual PM2.5 NAAQS and that all 

other redesignation criteria have been 

met for the area. The following is a 

description of how Idaho’s June 2, 2020, 

submission satisfies the requirements of 

section 107(d)(3)(E) of the CAA for the 

2012 annual PM2.5 standard. 

A. Attainment Determination 

To redesignate an area from 

nonattainment to attainment, the CAA 

requires EPA to determine that the area 

has attained the applicable NAAQS 

(CAA section 107(d)(3)(E)(i)). An area is 

attaining the 2012 annual PM2.5 NAAQS 

if it meets the standard, as determined 

in accordance with 40 CFR 50.13 and 

appendix N of 40 CFR part 50. To attain 

the 2012 annual PM2.5 NAAQS, the 3- 

year average of the annual arithmetic 

mean concentration, as determined in 

accordance with 40 CFR part 50, 

appendix N, must be less than or equal 

to 12.0 mg/m3 at all relevant monitoring 

sites in the subject area over a 3-year 

period. The relevant data must be 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in EPA’s Air Quality System 

(AQS) database. 

There is one PM2.5 ambient air quality 

monitor in the West Silver Valley, 

located in Pinehurst, Idaho (AQS ID 

160790017). As noted, EPA first 

determined that the West Silver Valley 

attained the 2012 annual PM2.5 NAAQS 

based on 2015–2017 ambient air quality 

monitoring data at this monitor on 

December 21, 2018. 83 FR 65535. 

EPA has reviewed the certified, 

quality-controlled and quality-assured 

PM2.5 Pinehurst monitoring data for the 

2018–2020 design value period and 

determined that the design value is 10.9 

mg/m3, which is less than or equal to 

12.0 mg/m3, and therefore the area 

continues to meet the 2012 annual PM2.5

NAAQS. On this basis, EPA is 

proposing to determine that the West 

Silver Valley is attaining the 2012 

annual PM2.5 NAAQS. The monitoring 

data is summarized in Tables 1 and 2 is 

also available in the docket for this 

action available online at https://

www.regulations.gov, Docket ID: EPA– 

R10–OAR–2020–0305. 

TABLE 1—2015 TO 2020 PM2.5 ANNUAL MEANS IN THE WEST SILVER VALLEY IN IDAHO

Area/county Monitor 

AQS ID 

Annual means in μg/m3

2015 2016 2017 * 2018 2019 2020 

Pinehurst/Shoshone ............................................................................. 160790017 13.6 9.3 12.3 12.8 9.63 11.1 

* EPA excluded five 24-hr PM2.5 values during September 2017 because those NAAQS exceedances were caused by a wildfire exceptional 

event. (See 83 FR 65535, December 21, 2018). 

TABLE 2—2015 TO 2020 PM2.5 ANNUAL DESIGN VALUES IN THE WEST SILVER VALLEY IN IDAHO

Area/county Monitor 

AQS ID 

Annual design values in μg/m3

2015–2017 * 2016–2018 * 2017–2019 * 2018–2020 

Pinehurst/Shoshone ............................................................. 160790017 11.7 11.2 11.3 10.9 

* EPA excluded five 24-hr PM2.5 values during September 2017 because those NAAQS exceedances were caused by a wildfire exceptional 

event. (See 83 FR 65535, December 21, 2018). 

B. Applicable Requirements Under 

Section 110 and Part D of the CAA 

In accordance with section 

107(d)(3)(E)(v) of the CAA, Idaho must 

meet all the requirements applicable to 

the West Silver Valley under section 

110 of the CAA (general SIP 

requirements) and part D of title I of the 

CAA (SIP requirements for 

nonattainment areas). Under section 

107(d)(3)(E)(ii) of the CAA, Idaho’s SIP 

revisions for the 2012 annual PM2.5

NAAQS for the West Silver Valley must 

be fully approved under section 110(k) 

of the CAA. Section 110(k) of the CAA 

sets out the requirements for EPA’s 

actions on SIP revision submittals. 

The September 4, 1992 Calcagni 

memorandum describes EPA’s 

interpretation of section 107(d)(3)(E) 

with respect to the timing of applicable 

requirements. Under this interpretation, 

to qualify for redesignation, states 

requesting redesignation to attainment 

must meet only the relevant CAA 

requirements that come due prior to the 


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51320 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules 

2 ‘‘State Implementation Plan (SIP) Requirements 

for Areas Submitting Requests for Redesignation to 

Attainment of the Ozone and Carbon Monoxide 

(CO) National Ambient Air Quality Standards 

(NAAQS) on or after November 15, 1992,’’ 

Memorandum from Michael H. Shapiro, Acting 

Assistant Administrator, Air and Radiation, 

September 17,1993. 

submittal of a complete redesignation 

request. See also Shapiro memorandum, 

September 17, 1993,2 and 60 FR 12459, 

12465–12466, (March 7, 1995) 

(redesignation of Detroit-Ann Arbor). 

Applicable requirements of the CAA 

that come due subsequent to the area’s 

submittal of a complete redesignation 

request remain applicable until a 

redesignation is approved but are not 

required as a prerequisite to 

redesignation. See CAA section 175A(c). 

Sierra Club v. EPA, 375 F .3d 537 (7th 

Cir. 2004). See also 68 FR 25418, 25424 

and 25427 (May 12, 2003) 

(redesignation of the St. Louis/East St. 

Louis area to attainment of the 1-hour 

ozone NAAQS). 

In the case of the West Silver Valley, 

the base year emissions inventory was 

due prior to Idaho’s submittal of the 

complete redesignation request for the 

area. Therefore, the base year inventory 

is an applicable requirement. The 

attainment plan, including RACM/ 

RACT, and contingency measures for 

failure to attain or meet RFP, were also 

due prior to Idaho’s submittal of 

complete redesignation requests for the 

West Silver Valley. However, as 

described in detail later in this notice of 

proposed rulemaking (NPRM), the clean 

data determination suspended these 

requirements for as long as the West 

Silver Valley continues to meet the 2012 

annual PM2.5 NAAQS. When the area is 

redesignated to attainment, these 

requirements are permanently 

discharged. 

1. CAA Section 110 General SIP 

Requirements 

Section 110(a)(2) of title I of the CAA 

delineates the general requirements for 

a SIP, which include enforceable 

emissions limitations and other control 

measures, means, or techniques, 

provisions for the establishment and 

operation of appropriate devices 

necessary to collect data on ambient air 

quality, and programs to enforce the 

limitations. The general SIP elements 

and requirements set forth in section 

110(a)(2) of the CAA include, but are 

not limited to the following: (1) 

Submittal of a SIP that has been adopted 

by the state after reasonable public 

notice and hearing; (2) provisions for 

establishment and operation of 

appropriate procedures needed to 

monitor ambient air quality; (3) 

implementation of a minor source 

permit program; (4) provisions for the 

implementation of part C requirements 

(referred to as prevention of significant 

deterioration or PSD); (5) provisions for 

the implementation of part D 

requirements for nonattainment new 

source review (referred to as part D 

NNSR, NNSR, nonattainment NSR, or 

NSR) permit programs; (6) provisions 

for air pollution modeling; and (7) 

provisions for public and local agency 

participation in planning and emission 

control rule development. 

CAA section 110(a)(2)(D) requires that 

SIPs contain certain measures to prevent 

sources in a state from significantly 

contributing to air quality problems in 

another state. However, CAA section 

110(a)(2)(D) requirements for a state are 

not linked with a particular 

nonattainment area’s designation and 

classification in that state. EPA believes 

that the requirements linked with a 

particular nonattainment area’s 

designation and classifications are the 

relevant measures to evaluate in 

reviewing a redesignation request. The 

transport SIP submittal requirements, 

where applicable, continue to apply to 

a state regardless of the designation of 

any one particular area in the state. 

Thus, EPA does not believe that these 

requirements are applicable 

requirements for purposes of 

redesignation. 

In addition, EPA believes that the 

other CAA section 110(a)(2) elements 

not connected with nonattainment plan 

submissions and not linked with an 

area’s attainment status are not 

applicable requirements for purposes of 

redesignation because the area will still 

be subject to these requirements after it 

is redesignated. EPA concludes that the 

CAA section 110(a)(2) and part D 

requirements, which are linked with a 

particular area’s designation and 

classification, are the relevant measures 

to evaluate in reviewing a redesignation 

request, and that CAA section 110(a)(2) 

elements not linked to the area’s 

nonattainment status are not applicable 

for purposes of redesignation. This 

approach is consistent with EPA’s 

existing policy on applicability of 

conformity (i.e., for redesignations) and 

oxygenated fuels requirement. See 

Reading, Pennsylvania, proposed 

rulemaking and final rule (61 FR 53174, 

October 10, 1996), (62 FR 24826, May 7, 

1997); Cleveland-Akron-Lorain, Ohio 

final rule (61 FR 20458, May 7, 1996); 

and Tampa, Florida, final rule (60 FR 

62748, December 7, 1995). See also, the 

discussion on this issue in the 

Cincinnati, Ohio redesignation (65 FR at 

37890, June 19, 2000), and in the 

Pittsburgh-Beaver Valley, Pennsylvania 

redesignation (66 FR at 53099, October 

19, 2001). 

EPA has reviewed the Idaho SIP and 

has concluded that it meets the general 

SIP requirements under section 

110(a)(2) of the CAA to the extent they 

are applicable for the purposes of 

redesignation. EPA has previously 

approved provisions of Idaho’s SIP as 

demonstrating compliance with the 

CAA section 110(a)(2) requirements for 

the 2012 annual PM2.5 NAAQS (82 FR 

57132, December 4, 2017 and 83 FR 

48240, September 24, 2018). However, 

as noted above, the requirements of 

section 110(a)(2) are statewide 

requirements that are not linked to the 

PM2.5 nonattainment status of the West 

Silver Valley area. Therefore, EPA 

believes that these SIP elements are not 

applicable requirements for purposes of 

review of this proposed redesignation. 

Because PSD requirements will apply 

after redesignation, areas being 

redesignated must have an approved 

PSD program. Once the West Silver 

Valley is redesignated to attainment, 

Idaho’s PSD program, and not NNSR, 

will become effective in the area. 

Idaho’s PSD regulations are codified in 

the Idaho Administrative Procedures 

Act (IDAPA) at 58.01.01.200–228. We 

most recently approved revisions to 

Idaho’s PSD program on August 20, 

2018 (83 FR 42033), May 12, 2017 (82 

FR 22083) and August 12, 2016 (81 FR 

53290). 

Areas seeking redesignation need not 

comply with the requirement that a 

NNSR program be approved prior to 

redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without NNSR. A more detailed 

rationale for this is described in the 

Nichols memorandum. Nevertheless, on 

August 20, 2018, EPA approved Idaho’s 

SIP as meeting applicable NNSR 

requirements. (83 FR 42033). EPA has 

reviewed the Idaho SIP and has 

concluded that it meets the general SIP 

requirements under section 110(a)(2) of 

the CAA to the extent they are 

applicable for purposes of 

redesignation, namely a SIP-approved 

PSD program. 

2. Part D of Title I Requirements 

Part D of Title I of the CAA sets forth 

the basic nonattainment plan 

requirements applicable to all 

nonattainment areas at subpart 1 (CAA 

sections 172–176) and requirements 

specific to PM10 and PM2.5 areas at 

subpart 4 (CAA section 189). On August 

24, 2016, EPA promulgated the Fine 

Particulate Matter National Ambient Air 

Quality Standards; State 

Implementation Plan Requirements 


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3 81 FR 58010, August 24, 2016. Codified at 40 

CFR part 51, subpart Z. 

4This regulation was promulgated as part of the 

1997 PM2.5 NAAQS implementation rule that was 

subsequently challenged and remanded in NRDC v. 

EPA, 706 F.3d 428 (D.C. Cir. 2013), as discussed in 

section III.B of this document. However, the Clean 

Data Policy portion of the implementation rule was 

not at issue in that case. 

rule.3 This rule implements the 

requirements of part D of title I of the 

CAA for areas designated nonattainment 

for any PM2.5 NAAQS. 

EPA’s longstanding interpretation of 

the nonattainment planning 

requirements of CAA section 172 is that 

once an area is attaining the NAAQS, 

those requirements are not ‘‘applicable’’ 

for purposes of CAA section 

107(d)(3)(E)(ii) and therefore need not 

be approved into the SIP before EPA can 

redesignate the area. In the 1992 General 

Preamble for Implementation of CAA 

title I, EPA set forth its interpretation of 

applicable requirements for purposes of 

evaluating redesignation requests when 

an area is attaining a standard. See 57 

FR 13498, 13564 (April 16, 1992). EPA 

noted that the requirements for RFP and 

other measures designed to provide for 

attainment do not apply in evaluating 

redesignation requests because those 

nonattainment planning requirements 

‘‘have no meaning’’ for an area that has 

already attained the standard. Id. This 

interpretation was also set forth in the 

Calcagni memorandum. EPA’s 

understanding of CAA section 172 also 

forms the basis of its Clean Data Policy, 

which was articulated with regard to 

PM2.5 in 40 CFR 51.1015 and suspends 

a state’s obligation to submit most of the 

attainment planning requirements that 

would otherwise apply, including an 

attainment demonstration and planning 

SIPs to provide for RFP, RACM, and 

contingency measures under section 

172(c)(9).4 Courts have upheld EPA’s 

interpretation of CAA section 172(c)(1)’s 

‘‘reasonably available’’ control measures 

and control technology as meaning only 

those controls that advance attainment, 

which precludes the need to require 

additional measures where an area is 

already attaining. NRDC v. EPA, 571 

F.3d 1245, 1252 (D.C. Cir. 2009); Sierra 

Club v. EPA, 294 F.3d 155, 162 (D.C. 

Cir. 2002); Sierra Club v. EPA, 314 F.3d 

735, 744 (5th Cir. 2002). 

As stated previously, EPA determined 

that the West Silver Valley has attained 

the 2012 annual PM2.5 NAAQS in a 

‘‘clean data determination.’’ 83 FR 

65535, December 21, 2018. Furthermore, 

as shown in section III.A of this 

document, the West Silver Valley 

continues to attain the 2012 annual 

PM2.5 NAAQS. Therefore, because 

attainment has been reached in the West 

Silver Valley, no additional measures 

are needed to provide for attainment, 

and CAA section 172(c)(1) requirements 

for an attainment demonstration and 

RACM are no longer considered to be 

applicable for purposes of redesignation 

as long as the West Silver Valley 

continues to attain the standard until 

redesignation. 

The CAA section 172(c)(2) 

requirement that nonattainment plans 

contain provisions promoting 

reasonable further progress toward 

attainment is also not relevant for 

purposes of redesignation because EPA 

has determined that the West Silver 

Valley has monitored attainment of the 

2012 annual PM2.5 NAAQS. In addition, 

because the West Silver Valley has 

attained the 2012 annual PM2.5 NAAQS 

and is no longer subject to RFP 

requirements, the requirement to submit 

the section 172(c)(9) contingency 

measures is not applicable for purposes 

of redesignation. CAA section 172(c)(6) 

requires the SIP to contain control 

measures necessary to provide for 

attainment of the NAAQS. Because 

attainment has been reached, no 

additional measures are needed to 

provide for attainment. 

Section 172(c)(3) of the CAA requires 

submission and approval of a 

comprehensive, accurate and current 

inventory of actual emissions. The 

requirement under CAA section 

172(c)(3) was not suspended by EPA’s 

clean data determination for the 2012 

annual PM2.5 NAAQS and is the only 

remaining requirement under CAA 

section 172 to be considered for 

purposes of redesignation of the West 

Silver Valley. On September 29, 2017, 

Idaho submitted to EPA a 2013 base 

year emissions inventory for the West 

Silver Valley for the 2012 annual PM2.5

NAAQS. The 2013 base year inventory 

covers the general source categories of 

point sources, nonroad mobile sources, 

area sources, and onroad mobile sources 

and includes PM2.5 emissions and 

precursors, NOX, sulfur dioxide (SO2), 

VOCs, and ammonia (NH3). EPA 

approved the 2013 base year inventory 

on September 11, 2018 (83 FR 45830). 

CAA section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified sources in an area, and section 

172(c)(5) requires source permits for the 

construction and operation of new and 

modified major stationary sources 

anywhere in the nonattainment area. As 

stated previously in this document, EPA 

has determined that, since PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a NNSR program be approved prior 

to redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without NNSR. A more detailed 

rationale for this view is described in 

the Nichols memorandum. 

Nevertheless, EPA first approved the 

requirements of the part D NSR permit 

program for Idaho under subpart 1 on 

November 26, 2010 (75 FR 72719). 

Subsequently, on March 20, 2018, Idaho 

submitted rule revisions to meet 

additional part D NSR requirements 

promulgated by EPA under subpart 4 

(81 FR 58010, August 24, 2016). We 

approved Idaho’s submission on August 

20, 2018 (83 FR 42033). 

Once the West Silver Valley is 

redesignated to attainment, Idaho’s PSD 

program, and not NNSR, will become 

effective in the area. Idaho’s PSD 

regulations are codified in the Idaho 

Administrative Procedures Act (IDAPA) 

at 58.01.01.200–228 (permit to 

construct) and governed by IDAPA 

58.01.01.205 (permit requirements for 

new major facilities or major 

modifications in attainment or 

unclassifiable areas). We most recently 

approved revisions to Idaho’s PSD 

program on August 20, 2018 (83 FR 

42033), May 12, 2017 (82 FR 22083) and 

August 12, 2016 (81 FR 53290). EPA 

finds that Idaho’s PSD provisions meet 

all applicable Federal requirements for 

any area designated unclassifiable or 

attainment. 

CAA section 172(c)(7) requires the SIP 

to meet the applicable provisions of 

CAA section 110(a)(2). As noted above, 

we find that the Idaho SIP meets the 

CAA section 110(a)(2) applicable 

requirements for purposes of 

redesignation. 

Section 175A of the CAA requires a 

state seeking redesignation to 

attainment to submit a SIP revision to 

provide for the maintenance of the 

NAAQS in the area ‘‘for at least 10 years 

after the redesignation.’’ In conjunction 

with its requests to redesignate the West 

Silver Valley to attainment, Idaho 

submitted a plan to provide for 

maintenance of the 2012 annual PM2.5

NAAQS in the West Silver Valley for at 

least 10 years after redesignation, 

through 2031. Idaho is requesting that 

EPA approve the submission as meeting 

the requirement of section 175A of the 

CAA. Once approved, the maintenance 

plan will ensure that the Idaho SIP 

meets the requirements of the CAA 

regarding maintenance of the 2012 

annual PM2.5 NAAQS for the West 

Silver Valley. EPA’s analysis of the 

maintenance plan is provided in section 

III.D of this document. 

EPA concludes that Idaho has met the 

requirements of subpart 1 of part D 

relevant for redesignation. Specifically, 


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5EPA promulgated standards for residential wood 

heaters on February 26, 1988 (53 FR 5860). On 

March 16, 2015, EPA revised the rule (80 FR 

13672). EPA recently revised the rule on April 2, 

2020 (85 FR 18448). 

6The 2013 base year EI onroad emissions were 

17.30 tpy and nonroad emissions were 14.7 tpy (see 

83 FR 21976, May 11, 2018). 

pursuant to section 110(k) of the CAA, 

EPA has approved Idaho’s 2013 base 

year inventory for the West Silver 

Valley into the Idaho SIP. 

C. Improvement in Air Quality Due to 

Permanent and Enforceable Measures 

CAA section 107(d)(3)(E)(iii) of the 

CAA provides that for an area to be 

redesignated to attainment, the 

Administrator must determine that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable 

implementation plan, implementation 

of applicable Federal air pollutant 

control regulations, and other 

permanent and enforceable reductions. 

In making this demonstration for the 

West Silver Valley, Idaho explained that 

control measures for the area focused on 

residential wood combustion, onroad, 

and nonroad sources, which contributed 

to PM2.5 formation in the 2013 base year 

emissions inventory (2013 was one of 

the years used to designate the area as 

nonattainment). The 2017 attainment 

year emissions inventory recorded 

reductions in directly emitted PM2.5 and 

precursors for those categories (2017 is 

one of the years used to monitor 

attainment). Idaho states that the 

emissions reductions occurred because 

of permanent and enforceable federal 

reduction programs, public outreach, 

and financial incentives. 

Residential Wood Heating 

Idaho’s residential wood combustion 

control measures for the West Silver 

Valley addressed smoke from heating 

devices, such as fireplaces and wood 

stoves. In comparing emissions between 

the 2013 base year inventory and the 

2017 attainment year inventory for the 

West Silver Valley, Idaho showed a 63 

percent decrease in PM2.5 emissions 

from residential wood combustion, from 

55.38 tons per year (tpy) in the 2013 

base year emissions inventory to 20.45 

tpy in the 2017 attainment year 

emissions inventory. Idaho attributed 

these emission reductions primarily to 

Federal standards for wood heaters and 

to the West Silver Valley woodstove 

changeout program. 

Idaho explained that EPA’s 2015 

Standards of Performance for New 

Residential Wood Heaters strengthened 

emissions limits for residential wood 

heaters, making devices significantly 

cleaner.5 The 2015 rule requires, among 

other things, that new residential wood 

heaters be certified to meet the 2015 

emission limits before they may be 

imported, sold, or distributed in the 

U.S. To accelerate the removal of 

uncertified wood stoves, Idaho 

incentivized wood stove replacements 

in the West Silver Valley through a 

wood stove changeout program. 

Participants in the changeout program 

replaced uncertified wood stoves with 

EPA-certified devices or gas appliances, 

and were required to surrender their 

uncertified wood stoves, making the 

emissions reductions permanent. 

Between 2013 and 2017, Idaho replaced 

65 wood stoves in the West Silver 

Valley. Although Idaho’s future year 

emissions projections assume 

residential wood combustion to be 

constant for years beyond 2017, Idaho 

anticipates additional emissions 

reductions as phase II of the Standards 

of Performance for New Residential 

Wood Heaters is implemented and as 

remaining funding for an additional 140 

wood stove replacements in the West 

Silver Valley is distributed. 

Mobile Sources 

Idaho states that despite increasing 

vehicle populations and vehicle miles 

traveled, emissions from mobile sources 

in the West Silver Valley have 

decreased as a result of Federal motor 

vehicle regulations. In comparing the 

2013 base year emissions inventory with 

the 2017 attainment year emissions, 

EPA found that onroad emissions 

decreased by 2.55 tpy and nonroad 

emissions decreased by 3.65 tpy.6

Idaho primarily attributes the 

reduction in onroad emissions to the 

Federal Tier 2 (65 FR 6698, February 10, 

2000) and Tier 3 (79 FR 23414, April 28, 

2014) vehicle emissions standards and 

gasoline sulfur control requirements, 

and to the Federal rule for heavy-duty 

engine and vehicle standards and 

highway diesel fuel sulfur control 

requirements (66 FR 5002, January 18, 

2001). Idaho explained that the vehicle 

standards reduce tailpipe and 

evaporative emissions, reductions 

which increase as vehicle turnover 

increases over time, and that the 

gasoline sulfur standards make 

emissions control systems more 

effective for both existing and new 

vehicles. 

Idaho identified several Federal rules 

that have been promulgated to address 

nonroad mobile emissions sources. On 

June 29, 2004, EPA adopted a 

comprehensive national program to 

reduce emissions from nonroad diesel 

engines (69 FR 38958). The rule phased 

in tighter emissions limits for large 

nonroad diesel engines and 

requirements for reducing the sulfur 

content of nonroad diesel fuel. 

Statewide SIP-Approved Rules 

Idaho has several SIP-approved rules 

that apply statewide and complement 

the Federal control strategies in the 

West Silver Valley. For example, the 

following rules assist in the control of 

PM2.5 in the West Silver Valley: The 

rules for the control of open burning at 

IDAPA 58.01.01.600 through 624; the 

requirements to reasonably control 

fugitive dust at sections 650 through 

652; the permitting of industrial sources 

(sections 200, 300 and 400), and the 

specific requirements for nonmetallic 

mineral processing plants at sections 

795 through 799. Additionally, sections 

550 through 562 provide authority to 

limit emissions during degraded air 

quality episodes. 

Idaho also assessed the potential role 

that changing meteorological conditions 

might have played in improving air 

quality in the West Silver Valley. Idaho 

reviewed temperature and precipitation 

data as well as the frequency of 

wintertime stagnation events. Idaho 

concluded that it is unlikely that 

favorable meteorological conditions 

played a significant role in attaining the 

2012 annual PM2.5 NAAQS. 

Based on the evaluation of these 

control measures, EPA proposes to 

determine that the improvement in air 

quality is reasonably attributable to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable 

Federal air pollutant control regulations, 

and other permanent and enforceable 

emissions reductions. 

D. Fully Approved Maintenance Plan 

In conjunction with Idaho’s request to 

redesignate the West Silver Valley to 

attainment, Idaho submitted SIP 

revisions to provide for maintenance of 

the 2012 annual PM2.5 NAAQS through 

2031. EPA is proposing to approve 

Idaho’s maintenance plan for the West 

Silver Valley. If this proposed action is 

finalized, the West Silver Valley will 

have an approved maintenance plan. 

CAA section 107(d)(3)(E)(iv) requires 

that, for a nonattainment area to be 

redesignated to attainment, EPA must 

fully approve a maintenance plan which 

meets the requirements of CAA section 

175A. The plan must demonstrate 

continued attainment of the relevant 

NAAQS in the area for at least 10 years 

after our approval of the redesignation. 

Eight years after our approval of a 

redesignation, the State must submit a 


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revised maintenance plan 

demonstrating attainment for the 10 

years following the initial 10-year 

period. The maintenance plan must also 

contain a contingency plan to ensure 

prompt correction of any violation of 

the NAAQS. The Calcagni Memo 

provides additional guidance on the 

content of a maintenance plan, stating 

that a maintenance plan should include 

the following elements: (1) An 

attainment emissions inventory; (2) a 

maintenance demonstration showing 

attainment for 10 years following 

redesignation; (3) a commitment to 

maintain the existing monitoring 

network; (4) verification of continued 

attainment; and (5) a contingency plan 

to prevent or correct future violations of 

the NAAQS. The following paragraphs 

describe how each of these elements is 

addressed in Idaho’s maintenance plan. 

1. Attainment Inventory 

As discussed in the CAA General 

Preamble (see 57 FR 13498, April 16, 

1992) and the Calcagni Memo, PM2.5

maintenance plans should include an 

attainment emission inventory to 

identify the level of emissions in the 

area which is sufficient to maintain the 

NAAQS. The attainment inventory 

should be consistent with EPA’s most 

recent guidance on emission inventories 

for nonattainment areas available at the 

time and should include the emissions 

during the time period associated with 

the monitoring data showing 

attainment. 

Idaho submitted a maintenance plan 

for the West Silver Valley that includes 

an attainment year inventory for the 

area for 2017, which is one of the years 

in the period during which the West 

Silver Valley first monitored attainment 

of the 2012 annual PM2.5 NAAQS (see 

section III.A of this document). The 

attainment year inventory includes 

emissions of PM2.5, NOX, SO2, VOC, and 

NH3. The 2017 attainment levels of 

emissions are summarized in Table 3, 

along with future year projected 

emissions for 2026 and 2031. 

TABLE 3—WEST SILVER VALLEY MAINTENANCE PLAN EMISSIONS INVENTORIES

[In tons per year] 

Source 

category 

2017 

attainment 

2026 

interim 

2031 

maintenance 

Difference from 

2026 and 2017 

Difference from 

2031 and 2017 

PM2.5 (condensable and filterable) 

Point ............................................................................. 0.642 0.742 0.742 0.10 0.10 

Area .............................................................................. 259.710 259.070 258.720 ¥0.64 ¥0.99 

Onroad ......................................................................... 14.700 8.760 9.250 ¥5.94 ¥5.45 

Nonroad ....................................................................... 3.590 1.780 1.590 ¥1.81 ¥2.00 

Total ...................................................................... 278.642 270.352 270.302 ¥8.29 ¥8.34 

NOX

Point ............................................................................. 1.610 6.430 9.200 4.82 7.59 

Area .............................................................................. 51.130 51.500 51.700 0.37 0.57 

Onroad ......................................................................... 484.160 324.140 338.400 ¥160.02 ¥145.76 

Nonroad ....................................................................... 62.080 29.910 27.260 ¥32.17 ¥34.82 

Total ...................................................................... 598.980 411.980 426.560 ¥187.00 ¥172.42 

SO2

Point ............................................................................. 0.080 0.110 0.130 0.03 0.05 

Area .............................................................................. 16.170 16.350 16.450 0.18 0.28 

Onroad ......................................................................... 0.700 0.760 0.900 0.06 0.20 

Nonroad ....................................................................... 0.100 0.080 0.090 ¥0.02 ¥0.01 

Total ...................................................................... 17.050 17.300 17.570 0.25 0.52 

VOC 

Point ............................................................................. 5.710 13.820 13.980 8.11 8.27 

Area .............................................................................. 3,307.970 3,350.320 3,373.840 42.35 65.87 

Onroad ......................................................................... 134.200 83.670 73.450 ¥50.53 ¥60.75 

Nonroad ....................................................................... 32.050 28.080 28.200 ¥3.97 ¥3.85 

Total ...................................................................... 3,479.930 3,475.890 3,489.470 ¥4.04 9.54 

NH3

Point ............................................................................. 0.020 0.160 0.250 0.14 0.23 

Area .............................................................................. 35.200 35.090 35.030 ¥0.11 ¥0.17 

Onroad ......................................................................... 4.430 4.490 5.300 0.06 0.87 

Nonroad ....................................................................... 0.110 0.110 0.110 0.00 0.00 

Total ...................................................................... 39.760 39.850 40.690 0.09 0.93 


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7 ‘‘Emissions Inventory Guidance for 

Implementation of Ozone and Particulate Matter 

National Ambient Air Quality Standards (NAAQS) 

and Regional Haze Regulations,’’ May 2017. 8See Calcagni Memo, pages 9–10. 

9MOVES 2014b was the latest model version 

when Idaho submitted the West Silver Valley 

redesignation request and maintenance plan to EPA 

on June 2, 2020. Since that time, EPA published 

model version MOVES3 on January 7, 2021, making 

it the latest version of the MOVES model as of this 

publication. 86 FR 1106. As explained in the notice 

of availability for MOVES3, state and local agencies 

should use the latest version of MOVES that is 

available at the time that a SIP is developed. 

However, state and local agencies that have already 

completed significant work on a SIP with a version 

of MOVES2014 may continue to rely on the earlier 

version of MOVES. Because Idaho submitted the 

SIP to EPA before MOVES3 was released, it was 

appropriate for Idaho to have used MOVES2014b. 

10See EPA’s November 9, 2020 approval of 

Idaho’s 2020 Annual Monitoring Network Plan, 

included in the docket for this action. 

Based our review of the emissions 

inventories Idaho provided in its 

submission, we propose to find that 

Idaho prepared an adequate attainment 

inventory for the West Silver Valley 

area.7

2. Maintenance Demonstration 

CAA section 175A requires a state 

seeking redesignation to attainment to 

submit a SIP revision to provide for the 

maintenance of the NAAQS in the area 

‘‘for at least 10 years after the 

redesignation.’’ A state can make this 

demonstration by either showing that 

future emissions of a pollutant or its 

precursors will not exceed the level of 

the attainment inventory, or by 

modeling to show that the future mix of 

sources and emissions rates will not 

cause a violation of the NAAQS.8 In its 

maintenance plan, Idaho demonstrates 

maintenance by showing that emissions 

projected over the maintenance period 

will not exceed emissions levels that 

were present when the area came into 

attainment of the 2012 annual PM2.5

NAAQS. In its maintenance 

demonstration for the West Silver 

Valley, Idaho projected emissions 

forward to 2026 and 2031, which 

satisfies the 10-year interval required in 

section 175A of the CAA. As discussed 

previously, Idaho selected 2017 as the 

attainment emissions inventory year for 

the West Silver Valley. The attainment 

inventory identifies the level of 

emissions that is sufficient to attain the 

2012 annual PM2.5 NAAQS. Idaho has 

previously submitted a 2013 base year 

inventory, which EPA approved into the 

Idaho SIP on September 11, 2018 (83 FR 

45830). 

The emissions inventories in the West 

Silver Valley maintenance plan address 

four major source categories: Point, area, 

onroad mobile and nonroad mobile. 

Idaho estimated future year emissions 

inventories using the latest 

socioeconomic growth indicators and 

applying emissions reduction benefits 

from adopted control strategies when 

appropriate. 

Idaho identified five minor point 

sources in the West Silver Valley and 

projected emissions to future years by 

using either their potential to emit as a 

conservative estimate of growth, the 

average annual growth of population, or 

assumed little or no expected growth 

based on data evidence or conversations 

with facility owners. Area sources in the 

West Silver Valley emissions inventory 

include residential wood combustion, 

solvent use, agricultural production, 

fuel transport, combustion (residential, 

commercial, and industrial), unpaved 

road dust, industrial processes, outdoor 

burning, prescribed fire, and waste 

disposal, treatment and recovery 

processes. Idaho estimated future year 

emissions based on the average annual 

growth rate of the appropriate activity 

sector in the previous 5 years through to 

the final year of the maintenance plan, 

2031. Idaho developed the mobile 

source inventory for Shoshone County 

using the latest version of EPA’s Motor 

Vehicle Emissions Simulator (MOVES) 

model at the time,9 MOVES2014b, and 

apportioned it to the West Silver Valley 

nonattainment area. Idaho used local 

inputs and applied growth rates to the 

2017 vehicle miles travelled and vehicle 

populations to develop inputs for the 

2026 and 2031 projections. Idaho 

calculated paved road dust emissions 

according to AP–42 guidance for 

Shoshone County and apportioned the 

emissions estimates to the West Silver 

Valley area. To estimate nonroad mobile 

source emissions, Idaho used the 

nonroad component of the MOVES 

model and used the model defaults, 

except for meteorological data. 

EPA has reviewed the documentation 

provided by Idaho for developing the 

2026 and 2031 emissions inventories for 

the West Silver Valley and finds that 

Idaho prepared them in accordance with 

EPA requirements. These inventories 

indicate a decrease in emissions of 

PM2.5 (38.34 tpy or 3%) and NOX

(172.42 tpy or 28.79%) throughout the 

maintenance period, between 2017 and 

2031. Although there are slight 

increases in emissions of SO2 (0.52 tpy 

or 3.05%), VOC (9.54 tpy or 0.28%) and 

NH3 (0.93 tpy or 2.34%) between 2017 

and 2031, which Idaho attributes to 

population growth, Idaho demonstrated 

that this increase will not prevent 

maintenance of the NAAQS through 

2031. 

3. Monitoring Network 

In the maintenance plan, Idaho 

committed to continue to operate the air 

monitoring network in accordance with 

40 CFR part 58. Idaho stated that it will 

work with EPA each year through the 

air monitoring network review process 

to determine the adequacy of the 

monitoring network, if additional 

monitoring is needed, and if or when 

the site can be discontinued or 

relocated.10 EPA proposes to determine 

that the maintenance plan contains 

adequate provisions for continued 

operation of an air quality monitoring 

network to verify maintenance of the 

2012 annual PM2.5 NAAQS. 

4. Verification of Continued Attainment 

Idaho remains obligated to continue 

to quality-assure monitoring data and 

enter all data into AQS in accordance 

with Federal guidelines. Idaho will use 

air monitoring results to verify 

continued attainment of the 2012 

annual PM2.5 NAAQS and to track 

progress of the maintenance plan. Idaho 

is also required to periodically update 

the emissions inventory for Shoshone 

County in accordance with the Annual 

Air Emissions Reporting Requirements 

Rule (AERR). This includes developing 

annual inventories for major point 

sources and a comprehensive periodic 

inventory covering all source categories 

every 3 years. 

5. Contingency Plan 

CAA section 175A(d) requires that a 

maintenance plan also include 

contingency provisions, as necessary, to 

promptly correct any violation of the 

NAAQS that occurs after redesignation 

of the area to attainment. For the 

purposes of CAA section 175A, a state 

is not required to have fully adopted 

contingency measures that will take 

effect without further action by the state 

in order for the maintenance plan to be 

approved. However, the contingency 

plan is an enforceable part of the SIP 

and should ensure that contingency 

measures are adopted promptly once 

they are triggered. The maintenance 

plan should discuss the measures to be 

adopted and a schedule and procedure 

for adoption and implementation. The 

contingency plan must require that the 

state will implement all measures 

contained in the Part D nonattainment 

plan for the area prior to redesignation. 

The state should also identify the 

specific indicators, or triggers, which 

will be used to determine when the 

contingency plan will be implemented. 

The West Silver Valley maintenance 

plan identifies actions Idaho will 

promptly take to prevent or correct a 

violation of the 2012 annual PM2.5


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11Treatment of Data Influenced by Exceptional 

Events, October 3, 2016, 81 FR 68216. 

12See 40 CFR 93.102(b)(2)(iv) and (v), and (b)(3). 

NAAQS. If the annual average PM2.5

concentration reaches 12.5 ug/m3 or 

greater in a single calendar year, Idaho 

will evaluate all appropriate data to 

determine the cause of the elevated 

levels and whether the elevated PM2.5

levels are likely to continue. Idaho will 

evaluate all appropriate data including 

air quality data, meteorology, evaluation 

of wood smoke programs and 

information on wildfires or winter 

power outages to determine the cause of 

the exceedance within 6 months of the 

year in which the annual average 

reaches 12.5 ug/m3 or greater. If the 

evaluation indicates that additional 

control measures are necessary, Idaho 

will implement appropriate contingency 

measures as expeditiously as possible, 

no later than 18 months from the 

determination of a single year 

exceedance based on quality-assured 

data. If Idaho determines that an 

exceptional event contributes to a 

violation of the 2012 annual PM2.5

standard, it will follow EPA’s 

exceptional events rule.11

Idaho has identified the following 

potential contingency measures for the 

West Silver Valley maintenance plan: 

• Increase efforts to control mud and 

dirt track out from industrial, 

construction, and agricultural 

operations onto paved roads. 

• Adopt local ordinance addressing 

nonresidential slash burning to require 

burn permits year-round. 

• Adopt local ordinances that reduce 

the residential open burning days. 

• Adopt a local ordinance that 

prohibits installing uncertified wood 

stoves in residential and commercial 

buildings. 

• Expand educational efforts to 

reduce PM2.5 from wood smoke. 

• Pursue funds to continue offering 

wood stove changeouts and fireplace 

conversions within the West Silver 

Valley nonattainment area. 

Based on our analysis of Idaho’s 

submittal, we propose to find that the 

contingency measure provisions 

provided in the West Silver Valley 

maintenance plan are sufficient and 

meet the requirements of CAA section 

175A(d). 

E. Requirements for Transportation 

Conformity and Motor Vehicle 

Emissions Budgets (MVEBs) 

Transportation conformity is required 

by CAA section 176(c). EPA’s 

transportation conformity rule at 40 CFR 

part 93, subpart A, requires that 

transportation plans, programs, and 

projects conform to SIPs and establishes 

the criteria and procedures for 

determining whether or not they 

conform to the SIP. Conforming to a SIP 

means that onroad transportation 

activities will not produce new air 

quality violations, worsen existing 

violations, or delay timely attainment of 

the NAAQS. Thus, EPA’s transportation 

conformity rule requires a 

demonstration that emissions from a 

metropolitan planning organization’s 

regional transportation plan and 

transportation improvement program, 

involving Federal Highway 

Administration (FHWA) or Federal 

Transit Administration (FTA) funding 

or approval, are consistent with the 

motor vehicle emissions budgets 

(MVEBs) contained in a control strategy 

SIP revision or maintenance plan (40 

CFR 93.101, 93.118, and 93.124). The 

MVEB is the level of mobile source 

emissions of a pollutant relied upon in 

the attainment or maintenance 

demonstration to attain or maintain 

compliance with the NAAQS in the 

nonattainment or maintenance area. A 

PM2.5 maintenance plan should identify 

MVEBs for direct PM2.5, NOX and all 

other PM2.5 precursors from onroad 

mobile source emissions that are 

determined to significantly contribute to 

PM2.5 levels in the area.12

Idaho indicated that the West Silver 

Valley nonattainment area meets the 

definition of an ‘‘isolated rural 

nonattainment area’’ at 40 CFR 93.109(g) 

because the area does not contain, and 

is not part of, a metropolitan planning 

organization. Neither a transportation 

improvement plan nor a regional 

transportation plan was developed for 

the West Silver Valley. Instead, 

transportation projects for the West 

Silver Valley are included in a statewide 

transportation improvement plan. The 

Idaho Transportation Department is 

responsible for transportation 

conformity determinations in this 

isolated rural nonattainment area. 

The maintenance plan submitted by 

Idaho for the West Silver Valley 

identifies MVEBs for PM2.5, NOX and 

VOCs, which are displayed in Table 4. 

To determine which precursor 

pollutants were required to be included 

in the MVEB, Idaho reviewed PM2.5

speciation at the Pinehurst monitor 

(AQS ID 160790017). Idaho did not 

include emissions from paved road dust 

because those emissions were found to 

be insignificant. Idaho also found that 

vehicle emissions of SO2 and NH3

contributed minimally to PM2.5 in the 

area and did not include MVEBs for 

these precursors in accordance with 40 

CFR 93.102(b)(2)(v). 

TABLE 4—2017 AND 2031 MVEBS FOR THE WEST SILVER VALLEY

Year 

Motor vehicle emissions budget 

(tpy) 

PM2.5 NOX VOC 

2017 ......................................................................................................................................................... 10.84 484.16 134.20 

2031 ......................................................................................................................................................... 3.76 338.14 73.45 

EPA is proposing to find that Idaho 

has evaluated the appropriate pollutants 

and precursors and appropriately 

established MVEBs for PM2.5, NOX and 

VOCs. Idaho used the most up-to-date 

model (MOVES2014b) available at the 

time of submission in order to 

appropriately calculate these budgets. 

The MVEBs are based on the control 

measures in the maintenance plan and 

consistent with maintaining the 2012 

annual PM2.5 NAAQS. 

IV. Proposed Action 

EPA is proposing to redesignate the 

West Silver Valley 2012 annual PM2.5

nonattainment area, and to approve the 

associated maintenance plan for the 

area. If this proposal is finalized, the 

designation status of the West Silver 

Valley under 40 CFR part 81 will be 

revised to attainment upon the effective 

date of the final action. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 


khammond on DSKJM1Z7X2PROD with PROPOSALS
51326 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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, 

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 already 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); 

• 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 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, this proposed action does 

not 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, this rulemaking does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

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

Dated: September 8, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2021–19801 Filed 9–14–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 405 

[CMS–3372–P2] 

RIN 0938–AT88 

Medicare Program; Medicare Coverage 

of Innovative Technology (MCIT) and 

Definition of ‘‘Reasonable and 

Necessary’’ 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

repeal the Medicare Coverage of 

Innovative Technology (MCIT) and 

Definition of ‘‘Reasonable and 

Necessary’’ final rule, which was 

published on January 14, 2021, and 

would be effective on December 15, 

2021. We are providing a public 

comment period to allow interested 

parties to provide comments about the 

proposed repeal, our intent to conduct 

future rulemaking to explore an 

expedited coverage pathway that 

provides access to innovative beneficial 

technologies and the reasonable and 

necessary definition. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, by 

October 15, 2021. 

ADDRESSES: In commenting, please refer 

to file code CMS–3372–P2. Comments, 

including mass comment submissions, 

must be submitted in one of the 

following three ways (please choose 

only one of the ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the ‘‘Submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS–3372– 

P2, P.O. Box 8013, Baltimore, MD 

21244–8013. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–3372–P2, 

Mail Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: Lori 

Ashby, (410)–786–6322 or MCIT@

cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: Inspection 

of Public Comments: All comments 

received before the close of the 

comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all comments 

received before the close of the 

comment period on the following 

website as soon as possible after they 

have been received: http://

www.regulations.gov. Follow the search 

instructions on that website to view 

public comments. CMS will not post on 

Regulations.gov public comments that 

make threats to individuals or 

institutions or suggest that the 

individual will take actions to harm the 

individual. CMS continues to encourage 


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