42772 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to incorporate by 

reference source-specific RACT 

determinations under the 2008 8-hour 

ozone NAAQS for certain major sources 

of NOX and VOC emissions. EPA has 

made, and will continue to make, these 

materials generally available through 

http://www.regulations.gov and/or at the 

EPA Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. 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, 

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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 rule, 

Delaware’s 2008 8-hour ozone RACT 

SIP revision does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: August 30, 2017. 

John Armstead, 

Acting Regional Administrator, Region III. 

[FR Doc. 2017–19215 Filed 9–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0856, FRL–9967–54– 

Region 10] 

Air Plan Approval; ID; 2012 PM2.5

Standard Infrastructure Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to find that 

the Idaho State Implementation Plan 

(SIP) meets the infrastructure 

requirements of the Clean Air Act (CAA) 

for the National Ambient Air Quality 

Standards (NAAQS) promulgated for the 

annual particulate matter (PM2.5) 

standard on December 14, 2012. 

Whenever a new or revised NAAQS is 

promulgated, the CAA requires states to 

submit a plan for the implementation, 

maintenance and enforcement of such 

NAAQS. The plan is required to address 

basic program elements, including but 

not limited to regulatory structure, 

monitoring, modeling, legal authority, 

and adequate resources necessary to 

assure attainment and maintenance of 

the standards. These elements are 

referred to as infrastructure 

requirements. On December 23, 2015, 

the State of Idaho submitted a 

certification to the EPA that the Idaho 

SIP meets the infrastructure 

requirements for the 2012 PM2.5

NAAQS. 

DATES: Comments must be received on 

or before October 12, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2015–0856, 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: 

Matthew Jentgen, 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: 

206–553–0340, email address: 

jentgen.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

intended to refer to the EPA. 

Information is organized as follows: 

Table of Contents 

I. Background 

II. CAA Sections 110(a)(1) and (2) 

Infrastructure Elements 

III. EPA Approach to Review of Infrastructure 

SIP Submittals 

IV. Analysis of the Idaho Submittal 

V. Proposed Action 

VI. Statutory and Executive Orders Review 

I. Background 

On July 18, 1997, the EPA 

promulgated a new 24-hour and a new 

annual NAAQS for PM2.5 (62 FR 38652). 

On October 17, 2006, the EPA revised 

the NAAQS for PM2.5, tightening the 24- 


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1 In EPA’s 2012 PM2.5 NAAQS revision, EPA left 

unchanged the existing welfare (secondary) 

standards for PM2.5 to address particulate matter 

(PM) related effects such as visibility impairment, 

ecological effects, damage to materials and climate 

impacts. This includes a secondary annual standard 

of 15 mg/m3 and a 24-hour standard of 35 mg/m3. 

2Stephen D. Page, Director, Office of Air Quality 

Planning and Standards. ‘‘Guidance on 

Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) 

and 110(a)(2).’’ Memorandum to EPA Air Division 

Directors, Regions 1–10, September 13, 2013. 

3 In this notice, we are proposing to act on Idaho’s 

submission relating to 110(a)(2)(D)(i)(II) and 

110(a)(2)(D)(ii). We will address Idaho’s submission 

relating to 110(a)(2)(D)(i)(I) in a separate action. 

hour PM2.5 standard from 65 

micrograms per cubic meter (mg/m3) to 

35 mg/m3, and retaining the annual 

PM2.5 NAAQS at 15 mg/m3 (71 FR 

61144). Subsequently, on December 14, 

2012, the EPA revised the level of the 

health based (primary) annual PM2.5

NAAQS to 12 mg/m3. See 78 FR 3086 

(January 15, 2013).1

The CAA requires that states submit 

SIPs meeting the requirements of CAA 

sections 110(a)(1) and (2) within three 

years after promulgation of a new or 

revised standard. CAA sections 

110(a)(1) and (2) require states to 

address basic SIP elements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance of the standards, the socalled ‘‘infrastructure’’ requirements. To 

help states, the EPA issued guidance on 

September 13, 2013, addressing 

infrastructure SIP elements for certain 

NAAQS.2 As noted in the guidance, to 

the extent an existing SIP already meets 

the CAA section 110(a)(2) requirements, 

states may certify that fact via a letter to 

the EPA. 

On December 23, 2015, the State of 

Idaho submitted certifications to the 

EPA that the Idaho SIP meets the 

infrastructure requirements for the 2012 

PM2.5 NAAQS. 

II. CAA Sections 110(a)(1) and (2) 

Infrastructure Elements 

CAA section 110(a)(1) provides the 

procedural and timing requirements for 

SIP submissions after a new or revised 

NAAQS is promulgated. CAA section 

110(a)(2) lists specific elements that 

states must meet for infrastructure SIP 

requirements related to a newly 

established or revised NAAQS. These 

requirements include SIP infrastructure 

elements such as modeling, monitoring, 

and emissions inventories that are 

designed to assure attainment and 

maintenance of the NAAQS. The 

requirements, with their corresponding 

CAA subsection, are listed below: 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures. 

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D. 

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and Prevention of 

Significant Deterioration (PSD) and 

visibility protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

The EPA’s guidance clarified that two 

elements identified in CAA section 

110(a)(2) are not governed by the threeyear submission deadline of CAA 

section 110(a)(1) because SIPs 

incorporating necessary local 

nonattainment area controls are not due 

within three years after promulgation of 

a new or revised NAAQS, but rather due 

at the time the nonattainment area plan 

requirements are due pursuant to CAA 

section 172 and the various pollutant 

specific subparts 2–5 of part D. These 

requirements are: (i) Submissions 

required by CAA section 110(a)(2)(C) to 

the extent that subsection refers to a 

permit program as required in part D, 

title I of the CAA, and (ii) submissions 

required by CAA section 110(a)(2)(I) 

which pertain to the nonattainment 

planning requirements of part D, title I 

of the CAA. As a result, this action does 

not address infrastructure elements 

related to CAA section 110(a)(2)(C) with 

respect to nonattainment new source 

review (NSR) or CAA section 

110(a)(2)(I). Furthermore, the EPA 

interprets the CAA section 110(a)(2)(J) 

provision on visibility as not being 

triggered by a new NAAQS because the 

visibility requirements in part C, title I 

of the CAA are not changed by a new 

NAAQS. 

III. EPA Approach to Review of 

Infrastructure SIP Submittals 

The EPA is taking action on the 

December 23, 2015 infrastructure 

submission from Idaho for purposes of 

the 2012 PM2.5 NAAQS. We previously 

approved a similar submission as 

meeting infrastructure requirements for 

nitrogen dioxide and sulfur dioxide 

standards (August 11, 2014, 79 FR 

46707). In the preamble of our action, 

we published a discussion of the EPA’s 

approach to review of these 

submissions. Please see our April 17, 

2014 proposed rule for the detailed 

discussion (79 FR 21669, at page 21670). 

IV. Analysis of the Idaho Submittal 

110(a)(2)(A): Emission Limits and Other 

Control Measures 

CAA section 110(a)(2)(A) requires 

SIPs to include enforceable emission 

limits and other control measures, 

means or techniques (including 

economic incentives such as fees, 

marketable permits, and auctions of 

emissions rights), as well as schedules 

and timetables for compliance, as may 

be necessary or appropriate to meet the 

applicable requirements of the CAA. 

State submittal: The Idaho submittal 

cites an overview of the Idaho air 

quality laws and regulations, including 

portions of the Idaho Environmental 

Protection and Health Act (EPHA) and 

the Rules for the Control of Air 

Pollution located at IDAPA 58.01.01. 

Relevant laws cited include Idaho Code 

Section 39–105(3)(d) which provides 

Idaho DEQ authority to supervise and 

administer a system to safeguard air 

quality, Idaho Code Section 39–115 

which provides Idaho DEQ with specific 

authority for the issuance of air quality 

permits, and Idaho Code Section 39–116 

which provides Idaho DEQ authority to 

establish compliance schedules for air 

quality regulatory standards. Relevant 

regulations include IDAPA 

58.01.01.107.03 (incorporation by 

reference of federal regulations), IDAPA 

58.01.01.200–228 (permit to construct 

rules), IDAPA 58.01.01.400–410 

(operating permit rules), IDAPA 

58.01.01.600–624 (control of open 

burning), IDAPA 58.01.01.625 (visible 

emissions requirements and testing), 

IDAPA 58.01.01.725 (rules for sulfur 

content of fuels), and IDAPA 

58.01.01.460–461 (banking of 

emissions). 

EPA analysis: Idaho’s SIP meets the 

requirements of section 110(a)(2)(A) for 

the 2012 PM2.5 NAAQS, subject to the 

following clarifications. First, this 

infrastructure element does not require 

the submittal of regulations or emission 

limitations developed specifically for 

attaining this particulate matter 

NAAQS. The State has one area 

designated nonattainment for the 2012 

PM2.5 NAAQS (West Silver Valley); 

however, the EPA does not consider SIP 

requirements triggered by the 

nonattainment area mandates in part D, 

title I of the CAA to be governed by the 

submission deadline of section 

110(a)(1). Regulations and other control 

measures for purposes of attainment 


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4 Idaho Air Quality Monitoring Network Plan 

Approval Letter, dated December 13, 2016. 

planning under part D, title I of the CAA 

are due on a different schedule than 

infrastructure SIPs. 

The Idaho SIP incorporates by 

reference a number of federal 

regulations, including the federal 

NAAQS at 40 CFR part 50, revised as of 

July 1, 2015. The EPA most recently 

approved the incorporation by reference 

of these regulations at IDAPA 

58.01.01.107 ‘‘Incorporations by 

Reference’’ on May 12, 2017 (82 FR 

22083). Idaho has incorporated by 

reference the 2012 PM2.5 NAAQS into 

Idaho regulations. 

Idaho generally regulates emissions of 

PM2.5 and PM2.5 precursors through its 

SIP-approved NSR permitting programs, 

in addition to operating permit 

regulations, sulfur content of fuels 

regulations, and rules for the control of 

open burning, fugitive dust, activities 

that generate visible emissions, and 

emissions banking. The EPA most 

recently approved revisions to Idaho’s 

major and minor NSR permitting 

programs on May 12, 2017 (82 FR 

22083) and August 12, 2016 (81 FR 

53290). Idaho’s NSR rules incorporate 

by reference the federal nonattainment 

NSR regulations and federal PSD 

regulations at IDAPA 58.01.204 and 

IDAPA 58.01.01.205 respectively. In 

addition to NSR permitting regulations, 

Idaho’s Tier II operating permit 

regulations at IDAPA 58.01.01.400–410 

require that to obtain an operating 

permit, the applicant must demonstrate 

the source will not cause or significantly 

contribute to a violation of any ambient 

air quality standard. IDAPA 

58.01.01.401.03 provides that Idaho 

DEQ will require a Tier II source 

operating permit if Idaho DEQ 

determines emission rate reductions are 

necessary to attain or maintain any 

ambient air quality standard or 

applicable PSD increment. 

In addition to the permitting rules 

described above, Idaho has adopted 

rules to limit and control emissions 

resulting from open burning (IDAPA 

58.01.01.600–624) and activities that 

generate visible emissions (IDAPA 

58.01.01.625). Idaho has also 

promulgated rules addressing the sulfur 

content of fuels (IDAPA 58.01.01.725) 

and banking of emissions (IDAPA 

58.01.01.460–461). Based on the above 

analysis, we are proposing to approve 

the Idaho SIP as meeting the 

requirements of CAA section 

110(a)(2)(A) for the 2012 PM2.5 NAAQS. 

In this action, we are not proposing to 

approve or disapprove any existing 

Idaho provisions with respect to excess 

emissions during startup, shutdown, or 

malfunction (SSM) of operations at a 

facility. The EPA believes that a number 

of states may have SSM provisions that 

are contrary to the CAA and existing 

EPA guidance and the EPA is 

addressing such state regulations in a 

separate action. See ‘‘State 

Implementation Plans: Response to 

Petition for Rulemaking; Restatement 

and Update of EPA’s SSM Policy 

Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls to 

Amend Provisions Applying to Excess 

Emissions During Periods of Startup, 

Shutdown and Malfunction: Final 

Rule.’’ (June 12, 2015, 80 FR 33840) 

(SSM SIP Call). The EPA determined 

that certain SIP provisions in 36 states 

(applicable in 45 statewide and local 

jurisdictions) were substantially 

inadequate to meet CAA requirements, 

and thus issued a SIP call for each of 

those 36 states. Idaho’s SIP was not 

named in the SSM SIP call. 

In addition, we are not proposing to 

approve or disapprove any existing 

Idaho rules with respect to director’s 

discretion or variance provisions. Some 

states may have such provisions that are 

contrary to the CAA and existing EPA 

guidance and the EPA is addressing 

such regulations in a separate action via 

the SSM SIP Call (June 12, 2015, 80 FR 

33840). We encourage any state having 

a director’s discretion or variance 

provision that is contrary to the CAA 

and EPA guidance to take steps to 

correct the deficiency as soon as 

possible. 

110(a)(2)(B): Ambient Air Quality 

Monitoring/Data System 

CAA section 110(a)(2)(B) requires 

SIPs to include provisions to provide for 

establishment and operation of ambient 

air quality monitors, collecting and 

analyzing ambient air quality data, and 

making these data available to the EPA 

upon request. 

State submittal: The Idaho submittal 

references IDAPA 58.01.01.107 and 

IDAPA 58.01.01.576.05 in response to 

this requirement. These rules 

incorporate by reference 40 CFR part 50 

National Primary and Secondary Air 

Quality Standards, 40 CFR part 52 

Approval and Promulgation of 

Implementation Plans, 40 CFR part 53 

Ambient Air Monitoring Reference and 

Equivalent Methods, and 40 CFR part 58 

Appendix B Ambient Air Quality 

Surveillance Quality Assurance 

Requirements for Prevention of 

Significant Deterioration. The Idaho 

submittal certifies that under these rules 

Idaho meets the infrastructure 

requirement to implement ambient air 

monitoring surveillance systems in 

accordance with the requirements of the 

CAA. 

The Idaho submittal references the 

2015 Idaho Annual Ambient Air 

Monitoring Network Plan, approved by 

the EPA on October 28, 2015. The Idaho 

submittal also references the Web site 

where the Idaho DEQ provides the 

network plan, air quality monitoring 

summaries, a map of the monitoring 

network and real-time air monitoring 

data. 

EPA analysis: A comprehensive air 

quality monitoring plan, intended to 

meet the requirements of 40 CFR part 58 

was submitted by Idaho on January 15, 

1980 (40 CFR 52.670) and approved by 

the EPA on July 28, 1982. This air 

quality monitoring plan has been 

subsequently updated and most recently 

approved by the EPA on December 13, 

2016.4 The plan includes, among other 

things, the locations for the particulate 

matter monitoring network. Idaho 

makes the plan available for public 

review on the Idaho DEQ Web site at 

http://www.deq.idaho.gov/air-quality/ 

monitoring/monitoring-network.aspx. 

The Web site also includes an 

interactive map of Idaho’s air 

monitoring network. Based on the 

foregoing, we are proposing to approve 

the Idaho SIP as meeting the 

requirements of CAA section 

110(a)(2)(B) for the 2012 PM2.5 NAAQS. 

110(a)(2)(C): Program for Enforcement 

of Control Measures 

CAA section 110(a)(2)(C) requires 

states have a program providing for 

enforcement of all SIP measures and the 

regulation of construction of new or 

modified stationary sources, including a 

program to meet PSD and 

nonattainment NSR requirements. 

State submittal: The Idaho submittal 

refers to Idaho Code Section 39–108 

which provides Idaho DEQ with both 

administrative and civil enforcement 

authority with respect to the Idaho 

EPHA, or any rule, permit or order 

promulgated pursuant to the EPHA. 

Criminal enforcement is authorized at 

Idaho Code Section 39–109. Emergency 

order authority, similar to that under 

section 303 of the CAA, is located at 

Idaho Code Section 39–112. The Idaho 

submittal also refers to laws and 

regulations related to air quality permits 

at IDAPA 58.01.01.200–228 (permit to 

construct rules). 

The Idaho submittal also cites the 

annual incorporation by reference (IBR) 

rulemaking which updates Idaho’s SIP 

to include federal changes to the 

NAAQS and PSD program. Idaho’s 

submittal certifies that the annual IBR 

updates along with IDAPA sections 


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5 134 S.Ct. 2427 (2014). 

200–288 (permitting requirements for 

new and modified sources) and 575–587 

(air quality standards and area 

classification) meets the CAA 

infrastructure requirement to implement 

the PSD program. 

EPA analysis: With regard to the 

requirement to have a program 

providing for enforcement of all SIP 

measures, we are proposing to find that 

the Idaho provisions described above 

provide Idaho DEQ with authority to 

enforce the Idaho EPHA, air quality 

regulations, permits, and orders 

promulgated pursuant to the EPHA. 

Idaho DEQ staffs and maintains an 

administrative enforcement program to 

ensure compliance with SIP 

requirements. Idaho DEQ may issue 

emergency orders to reduce or 

discontinue emission of air 

contaminants where air emissions cause 

or contribute to imminent and 

substantial endangerment. Enforcement 

cases may be referred to the State 

Attorney General’s Office for civil or 

criminal enforcement. Therefore, we are 

proposing to approve the Idaho SIP as 

meeting the requirements of CAA 

section 110(a)(2)(C) related to 

enforcement for the 2012 PM2.5 NAAQS. 

To generally meet the requirements of 

CAA section 110(a)(2)(C) with regard to 

the regulation of construction of new or 

modified stationary sources, a state is 

required to have PSD, nonattainment 

NSR, and minor NSR permitting 

programs adequate to implement the 

2012 PM2.5 NAAQS. Idaho has one 

designated nonattainment area for the 

2012 PM2.5 NAAQS (West Silver 

Valley). However, as noted above, this 

action does not address CAA section 

110(a)(2)(C) with respect to 

nonattainment new source review 

(NSR). 

We most recently approved revisions 

to Idaho’s PSD program on May 12, 

2017 (82 FR 22083) and August 12, 2016 

(81 FR 53290). Idaho’s SIP-approved 

PSD program implements the 2012 

PM2.5 NAAQS and incorporates by 

reference the federal PSD program 

requirements at 40 CFR 52.21 as of July 

1, 2015. As a result, we are proposing 

to approve the Idaho SIP as meeting the 

requirements of CAA section 

110(a)(2)(C) with regard to PSD for the 

2012 PM2.5 NAAQS. 

We note that on January 4, 2013, the 

U.S. Court of Appeals in the District of 

Columbia, in Natural Resources Defense 

Council v. EPA, 706 F.3d 428 (D.C. Cir.), 

issued a judgment that remanded two of 

the EPA’s rules implementing the 1997 

PM2.5 NAAQS, including the 

‘‘Implementation of New Source Review 

(NSR) Program for Particulate Matter 

Less Than 2.5 Micrometers (PM2.5),’’ 

(May 16, 2008, 73 FR 28321) (2008 

PM2.5 NSR Implementation Rule). The 

court ordered the EPA to ‘‘repromulgate 

these rules pursuant to Subpart 4 

consistent with this opinion.’’ Id. at 437. 

Subpart 4 of part D, title I of the CAA 

establishes additional provisions for 

particulate matter nonattainment areas. 

The 2008 PM2.5 NSR Implementation 

Rule addressed by the court’s decision 

promulgated NSR requirements for 

implementation of PM2.5 in both 

nonattainment areas (nonattainment 

NSR) and attainment/unclassifiable 

areas (PSD). As the requirements of 

subpart 4 only pertain to nonattainment 

areas, the EPA does not consider the 

portions of the 2008 PM2.5 NSR 

Implementation Rule that address 

requirements for PM2.5 attainment and 

unclassifiable areas to be affected by the 

court’s opinion. Moreover, the EPA does 

not anticipate the need to revise any 

PSD requirements promulgated in the 

2008 PM2.5 NSR Implementation Rule in 

order to comply with the court’s 

decision. 

To address the court’s remand, the 

EPA promulgated a final rule for the 

‘‘Fine Particulate Matter National 

Ambient Air Quality Standards: State 

Implementation Plan Requirements’’ on 

August 24, 2016 (81 FR 58011). This 

rule sets requirements for major 

stationary sources in PM2.5

nonattainment areas. The EPA interprets 

the CAA section 110(a)(1) and (2) 

infrastructure submissions due three 

years after adoption or revision of a 

NAAQS to exclude nonattainment area 

requirements, including requirements 

associated with a nonattainment NSR 

program. Instead, these elements are 

typically referred to as nonattainment 

SIP or attainment plan elements, which 

are due by the dates statutorily 

prescribed under subparts 2 through 5 

under part D, extending as far as ten 

years following designations for some 

elements. Accordingly, our proposed 

approval of elements 110(a)(2)(C), 

(D)(i)(II), and (J), with respect to the PSD 

requirements, does not conflict with the 

court’s opinion. 

In addition, on January 22, 2013, the 

U.S. Court of Appeals for the District of 

Columbia, in Sierra Club v. EPA, 703 

F.3d 458 (D.C. Cir. 2013), issued a 

judgment that, among other things, 

vacated the provisions adding the PM2.5

Significant Monitoring Concentration 

(SMC) to the federal regulations, at 40 

CFR 51.166(i)(5)(i)(c) and 

52.21(i)(5)(i)(c), that were promulgated 

as part of the ‘‘Prevention of Significant 

Deterioration (PSD) for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)—Increments, Significant Impact 

Levels (SILs) and Significant Monitoring 

Concentration (SMC); Final Rule,’’ 

(October 10, 2010, 75 FR 64864) (2010 

PSD PM2.5 Implementation Rule). In its 

decision, the court held that the EPA 

did not have the authority to use SMCs 

to exempt permit applicants from the 

statutory requirement in section 

165(e)(2) of the CAA that ambient 

monitoring data for PM2.5 be included in 

all PSD permit applications. Thus, 

although the PM2.5 SMC was not a 

required element of a state’s PSD 

program, were a state PSD program that 

contains such a provision to use that 

provision to issue new permits without 

requiring ambient PM2.5 monitoring 

data, such application of the vacated 

SMC would be inconsistent with the 

court’s opinion and the requirements of 

section 165(e)(2) of the CAA. 

This decision also, at the EPA’s 

request, vacated and remanded to the 

EPA for further consideration the 

portions of the 2010 PSD PM2.5

Implementation Rule that revised 40 

CFR 51.166 and 40 CFR 52.21 related to 

Significant Impact Levels (SILs) for 

PM2.5. The EPA requested this vacatur 

and remand of two of the three 

provisions in the EPA regulations that 

contain SILs for PM2.5, because the 

wording of these two SIL provisions (40 

CFR 51.166(k)(2) and 40 CFR 

52.21(k)(2)) is inconsistent with the 

explanation of when and how SILs 

should be used by permitting authorities 

that we provided in the preamble to the 

Federal Register publication when we 

promulgated these provisions. The third 

SIL provision (40 CFR 51.165(b)(2)) was 

not vacated and remains in effect. The 

court’s decision does not affect the PSD 

increments for PM2.5 promulgated as 

part of the 2010 PSD PM2.5

Implementation Rule. 

The EPA amended its regulations to 

remove the vacated PM2.5 SILs and SMC 

provisions from PSD regulations on 

December 9, 2013 (78 FR 73698). On 

August 12, 2016, we approved revisions 

to the Idaho SIP as being consistent with 

the court decision and revised EPA 

regulations (81 FR 53290). 

The EPA has also promulgated 

revisions to federal PSD requirements 

for greenhouse gas (GHG) emissions, in 

response to a court remand and vacatur. 

Specifically, on June 23, 2014, the 

United States Supreme Court, in Utility 

Air Regulatory Group (UARG) v. EPA,5

issued a decision that said the EPA may 

not treat GHGs as air pollutants for 

purposes of determining whether a 

source is a major source (or 

modification thereof) required to obtain 

a PSD permit. The Court also said the 

EPA could continue to require that PSD 


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6Coalition for Responsible Regulation v. EPA, 

Nos. 09–1322, 10–073, 10–1092, and 10–1167 

(April 15, 2015). 

permits otherwise required based on 

emissions of pollutants other than GHGs 

contain limits on GHG emissions based 

on the application of Best Available 

Control Technology (BACT). 

In response to the UARG decision, 

and the subsequent Amended Judgment 

issued by the D.C. Circuit (Amended 

Judgment),6 the EPA revised the federal 

PSD rules to allow for the rescission of 

PSD permits that are no longer required 

under these decisions, (May 7, 2015, 80 

FR 26183), and to remove the regulatory 

provisions that were specifically 

vacated by the Amended Judgment, 

(August 19, 2015, 80 FR 50199) 

(removing 40 CFR 51.166(b)(48)(v), 

52.21(b)(49)(v), 52.22, 70.12, and 71.13). 

In addition, the EPA proposed to revise 

provisions in the PSD permitting 

regulations applicable to GHGs to fully 

conform with UARG and the Amended 

Judgment, but those revisions have not 

been finalized (Oct. 3, 2016, 81 FR 

68110). 

The EPA anticipates that many states 

will revise their existing SIP-approved 

PSD programs in light of the Supreme 

Court’s decision and the EPA’s changes 

to federal PSD rules in response to the 

decision. At this juncture, the EPA is 

not expecting states to have revised 

their PSD programs for purposes of 

infrastructure SIP submissions and is 

only evaluating such submissions to 

assure that the state’s program correctly 

addresses GHGs consistent with the 

Supreme Court’s decision. 

At present, the EPA has determined 

the Idaho SIP is sufficient to satisfy 

CAA section 110(a)(2)(C), (D)(i)(II) and 

(J) with respect to GHGs because the 

PSD permitting program previouslyapproved by the EPA into the SIP 

continues to require that PSD permits 

(otherwise required based on emissions 

of pollutants other than GHGs) contain 

limitations on GHG emissions based on 

the application of BACT. Although the 

approved Idaho PSD permitting program 

may currently contain provisions that 

are no longer necessary in light of the 

Supreme Court decision, this does not 

render the infrastructure SIP submission 

inadequate to satisfy CAA section 

110(a)(2)(C), (D)(i)(II) and (J) for 

purposes of the 2012 PM2.5 NAAQS. 

The SIP contains the necessary PSD 

requirements at this time, and the 

application of those requirements is not 

impeded by the presence of other 

previously-approved provisions 

regarding the permitting of sources of 

GHGs that the EPA does not consider 

necessary at this time in light of the 

Supreme Court decision. Accordingly, 

the Supreme Court decision does not 

affect our proposed approval of the 

Idaho SIP as meeting the requirements 

of CAA section 110(a)(2)(C), (D)(i)(II) 

and (J) as those elements relate to a 

comprehensive PSD program. In this 

action we are proposing to approve the 

Idaho SIP as meeting the requirements 

of CAA section 110(a)(2)(C), (D)(i)(II) 

and (J) as those elements relate to a 

comprehensive PSD program. 

With regard to the minor NSR 

requirement of this element, the EPA 

has determined that Idaho’s minor NSR 

permitting program regulates direct 

PM2.5 and NOX and SO2 as precursors. 

On August 12, 2016, we approved 

revisions to the Idaho SIP as meeting the 

federal requirements of minor NSR 

permitting programs at 40 CFR 51.160 

through 164 (81 FR 53290). 

Based on the foregoing, we are 

proposing to approve the Idaho SIP as 

meeting the requirements of CAA 

section 110(a)(2)(C) for the 2012 PM2.5

NAAQS. 

110(a)(2)(D): Interstate Transport 

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

state SIPs to include provisions 

prohibiting any source or other type of 

emissions activity in one state from 

contributing significantly to 

nonattainment, or interfering with 

maintenance of the NAAQS in another 

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

Further, this section requires state SIPs 

to include provisions prohibiting any 

source or other type of emissions 

activity in one state from interfering 

with measures required to prevent 

significant deterioration (PSD) of air 

quality, or from interfering with 

measures required to protect visibility 

(i.e. measures to address regional haze) 

in any state (CAA section 

110(a)(2)(D)(i)(II)). 

This action also does not address the 

requirements of CAA section 

110(a)(2)(D)(i)(I), which we will address 

in a future action. In this proposal, we 

are proposing to act on Idaho’s 

submission relating to 110(a)(2)(D)(i)(II) 

and 110(a)(2)(D)(ii). 

State submittal: For purposes of CAA 

110(a)(2)(D)(i)(II), the submittal 

referenced Idaho’s SIP-approved PSD 

program and Idaho’s Regional Haze SIP 

submitted to the EPA on October 25, 

2010. Idaho also cites IDAPA 

58.01.01.209 that provides notice and 

comment procedures for various permit 

actions with regard to the public and to 

appropriate federal, state, international, 

and local agencies. CAA section 

110(a)(2)(D)(ii) is discussed below. 

EPA analysis: The EPA believes that 

the CAA section 110(a)(2)(D)(i)(II) PSD 

sub-element may be met by the State’s 

confirmation in the submittal that new 

major sources and major modifications 

in the State are subject to a SIPapproved PSD program. We most 

recently approved revisions to Idaho’s 

PSD program on May 12, 2017 (82 FR 

22083) and August 12, 2016 (81 FR 

53290). Idaho’s SIP-approved PSD 

program implements the 2012 PM2.5

NAAQS and incorporates the federal 

PSD program regulations at 40 CFR 

52.21 by reference as of July 1, 2015. As 

discussed above in section 110(a)(2)(C), 

we believe that our proposed approval 

of element 110(a)(2)(D)(i)(II) is not 

affected by recent court vacaturs of EPA 

PSD implementing regulations. 

Therefore, we are proposing to approve 

the Idaho SIP as meeting the 

requirements of CAA section 

110(a)(2)(D)(i)(II) with regard to PSD for 

the 2012 PM2.5 NAAQS. 

The EPA believes that, with regard to 

the CAA section 110(a)(2)(D)(i)(II) 

visibility sub-element, the requirement 

may be satisfied by an approved SIP 

addressing regional haze. The EPA’s 

reasoning is that the development of the 

regional haze SIPs was intended to 

occur in a collaborative environment 

among the states, and that through this 

process states would coordinate on 

emissions controls to protect visibility 

on an interstate basis. 

The Idaho submittal references the 

Idaho Regional Haze SIP, submitted to 

the EPA on October 25, 2010, which 

addresses visibility impacts across states 

within the region. On June 9, 2011, we 

approved a SIP revision which provides 

Idaho DEQ authority to address regional 

haze and to implement best available 

retrofit technology (BART) requirements 

(76 FR 33651). Subsequently on June 22, 

2011, we approved portions of the Idaho 

Regional Haze SIP, including the 

requirements for BART (76 FR 36329). 

Finally, on November 8, 2012, we 

approved the remainder of the Idaho 

Regional Haze SIP, including those 

portions that address CAA provisions 

that require states to set Reasonable 

Progress Goals for their Class I areas, 

and to develop a Long Term Strategy to 

achieve these goals (77 FR 66929). 

The EPA is proposing to find that as 

a result of the prior approval of the 

Idaho Regional Haze SIP, the Idaho SIP 

contains adequate provisions to address 

110(a)(2)(D)(i)(II) visibility requirements 

with respect to the 2012 PM2.5 NAAQS. 

Therefore, we are proposing to approve 

the Idaho SIP as meeting the 

requirements of CAA section 

110(a)(2)(D)(i)(II) as it applies to 

visibility for the 2012 PM2.5 NAAQS. 

Furthermore, IDAPA 58.01.01.209 

provides an opportunity for appropriate 


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7Letter to EPA from John Tippits, Director of 

Department of Environmental Quality ‘‘SIP 

Elements for State Boards Under Clean Air Act 

Section 110(a)(1)–(2). January 3, 2017. 

federal, state, international, and local 

agencies to participate and identify any 

concerns in the permitting process. 

Interstate and international transport 

provisions: CAA section 110(a)(2)(D)(ii) 

requires SIPs to include provisions 

ensuring compliance with the 

applicable requirements of CAA 

sections 126 and 115 (relating to 

interstate and international pollution 

abatement). Specifically, CAA section 

126(a) requires new or modified major 

sources to notify neighboring states of 

potential impacts from the source. 

EPA analysis: We most recently 

approved revisions to Idaho’s SIPapproved PSD program on May 12, 2017 

(82 FR 22083) and August 12, 2016 (81 

FR 53290). Idaho’s SIP-approved PSD 

program implements the 2012 PM2.5

NAAQS and incorporates the federal 

PSD program regulations at 40 CFR 

52.21 by reference as of July 1, 2015. As 

noted above, IDAPA 58.01.01.209 

(procedures for issuing permits) 

includes required procedures for issuing 

permits for new sources, including 

procedures for public processes, and 

notice to appropriate federal, state and 

local agencies, consistent with the 

requirements of the federal PSD 

program. Idaho issues notice of its draft 

permits and neighboring states 

consistently receive copies of those 

drafts. Idaho also has no pending 

obligations under CAA section 115 or 

126(b) of the CAA. Therefore, we are 

proposing to approve the Idaho SIP as 

meeting the requirements of CAA 

section 110(a)(2)(D)(ii) for the 2012 

PM2.5 NAAQS. 

110(a)(2)(E): Adequate Resources 

CAA section 110(a)(2)(E) requires 

states to provide (i) necessary 

assurances that the state will have 

adequate personnel, funding, and 

authority under state law to carry out 

the SIP (and is not prohibited by any 

provision of federal or state law from 

carrying out the SIP or portion thereof), 

(ii) requirements that the state comply 

with the requirements respecting state 

boards under section 128 and (iii) 

necessary assurances that, where the 

state has relied on a local or regional 

government, agency, or instrumentality 

for the implementation of any SIP 

provision, the state has responsibility 

for ensuring adequate implementation 

of such SIP provision. 

State submittal: The Idaho submittal 

refers to Idaho Code Section 39–106, 

which gives the Idaho DEQ Director 

authority to hire personnel to carry out 

duties of the department. In addition, 

the submittal references Idaho Code 39– 

107, which establishes the State’s Board 

of Environmental Quality, Idaho Code 

Title 59 Chapter 7 (Ethics in 

Government Act), and Executive Order 

2013–06 which addresses composition 

requirements of the Idaho Board of 

Environmental Quality. Finally, the 

Idaho submittal references Idaho Code 

Section 39–129, which authorizes Idaho 

DEQ to enter into binding agreements 

with local governments that are 

enforceable as orders. 

EPA analysis: We are proposing to 

find that the above-referenced 

provisions provide Idaho DEQ with 

adequate authority to carry out SIP 

obligations with respect to the 2012 

PM2.5 NAAQS as required by CAA 

section 110(a)(2)(E)(i). With regard to 

CAA section 110(a)(2)(E)(ii), we 

previously approved a revision to the 

Idaho SIP for purposes of meeting CAA 

section 128 and CAA section 

110(a)(2)(E)(ii) on October 24, 2013 (78 

FR 63394). We note that Idaho renewed 

the Executive Order addressing certain 

board requirements for an additional 

four years on December 14, 2016 

(Executive Order No. 2016–07).7

Finally, we are proposing to find that 

Idaho has provided necessary 

assurances that, where Idaho has relied 

on a local or regional government, 

agency, or instrumentality for the 

implementation of any SIP provision, 

Idaho has responsibility for ensuring 

adequate implementation of the SIP 

with regard to the 2012 PM2.5 NAAQS 

as required by CAA section 

110(a)(2)(E)(iii). Therefore, we are 

proposing to approve the Idaho SIP as 

meeting the requirements of CAA 

section 110(a)(2)(E) for the 2012 PM2.5

NAAQS. 

110(a)(2)(F): Stationary Source 

Monitoring System 

CAA section 110(a)(2)(F) requires (i) 

the installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary 

steps, by owners or operators of 

stationary sources to monitor emissions 

from such sources, (ii) periodic reports 

on the nature and amounts of emissions 

and emissions-related data from such 

sources, and (iii) correlation of such 

reports by the state agency with any 

emission limitations or standards 

established pursuant to the CAA, which 

reports shall be available at reasonable 

times for public inspection. 

State submittal: The Idaho submittal 

states that the statutes and rules 

governing air quality permits provide 

DEQ with the ability to monitor 

stationary source emissions for 

compliance purposes and make data 

available to the public. The submittal 

references the following provisions: 

IDAPA 58.01.01.157, which includes 

source testing methods and procedures 

for source testing and reporting to the 

Idaho DEQ; IDAPA 58.01.01.121, which 

outlines Idaho DEQ authority to require 

monitoring, recordkeeping and periodic 

reporting related to source compliance; 

IDAPA 58.01.01.122, which provides 

Idaho DEQ authority to issue 

information orders and orders to 

conduct source emissions monitoring, 

recordkeeping, reporting and other 

requirements; IDAPA 58.01.01.211, 

which contains conditions for permits 

to construct; IDAPA 58.01.01.209, 

which contains procedures for issuing 

permits to construct, including public 

processes; IDAPA 58.01.01.404, which 

contains procedures for issuing Tier II 

operating permits, including public 

processes; IDAPA 58.01.01.405, which 

contains conditions for Tier II operating 

permits, including sampling ports, 

instrumentation to monitor and record, 

and performance testing; and Idaho 

Code 9–342A and IDAPA 58.01.21 

which address public records. The 

Idaho submittal also states that Idaho 

reports emissions data for the six 

criteria pollutants to the EPA’s National 

Emissions Inventory, which is updated 

every three years. 

EPA analysis: The provisions cited in 

the Idaho submittal establishes 

compliance requirements for sources 

subject to major and minor source 

permitting to monitor emissions, keep 

and report records, and collect ambient 

air monitoring data. The provisions 

cited also provide Idaho DEQ authority 

to issue orders to collect additional 

information as needed for Idaho DEQ to 

ascertain compliance. In addition, 

IDAPA 58.01.01.211 (conditions for 

permits to construct) and 58.01.01.405 

(conditions for Tier II operating permits) 

provide Idaho DEQ authority to 

establish permit conditions requiring 

instrumentation to monitor and record 

emissions data, and instrumentation for 

ambient monitoring to determine the 

effect emissions from the stationary 

source or facility may have, or are 

having, on the air quality in any area 

affected by the stationary source or 

facility. This information is made 

available to the public through public 

processes outlined at IDAPA 

58.01.01.209 (procedures for issuing 

permits) for permits to construct and 

58.01.01.404 (procedures for issuing 

permits) for Tier II operating permits. 

Additionally, the State is required to 

submit emissions data to the EPA for 

purposes of the National Emissions 


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Inventory (NEI). The NEI is the EPA’s 

central repository for air emissions data. 

All states are required to submit a 

comprehensive emissions inventory 

every three years and report emissions 

for certain larger sources annually 

through the EPA’s online Emissions 

Inventory System. States report 

emissions data for the six criteria 

pollutants and their associated 

precursors—nitrogen oxides, sulfur 

dioxide, ammonia, lead, carbon 

monoxide, particulate matter, and 

volatile organic compounds. Many 

states also voluntarily report emissions 

of hazardous air pollutants. The EPA 

compiles the emissions data, 

supplementing it where necessary, and 

releases it to the general public through 

the Web site http://www.epa.gov/ttn/ 

chief/eiinformation.html. 

Idaho’s SIP and practices are adequate 

for the stationary source monitoring 

systems related to the 2012 PM2.5

NAAQS. The statutes and rules provide 

Idaho DEQ with the ability to monitor 

stationary source emissions for 

compliance purposes and make data 

publicly available. Based on the analysis 

above, we are proposing to approve the 

Idaho SIP as meeting the requirements 

of CAA section 110(a)(2)(F) for the 2012 

PM2.5 NAAQS. 

110(a)(2)(G): Emergency Episodes 

CAA section 110(a)(2)(G) requires 

states to provide for authority to address 

activities causing imminent and 

substantial endangerment to public 

health, including adequate contingency 

plans to implement the emergency 

episode provisions in their SIPs. 

State submittal: The Idaho submittal 

cites Idaho Code 39–112 which provides 

emergency order authority comparable 

to that in CAA section 303. In addition, 

the submittal cites the Idaho Air 

Pollution Emergency Rules (IDAPA 

58.01.01.550–562). 

EPA analysis: CAA section 303 

provides authority to the EPA 

Administrator to restrain any source 

from causing or contributing to 

emissions which present an ‘‘imminent 

and substantial endangerment to public 

health or welfare, or the environment.’’ 

We find that Idaho Code Section 112 

provides the Idaho DEQ Director with 

comparable authority. 

The Idaho air pollution emergency 

rules at IDAPA 58.01.01.550–562 were 

previously approved by the EPA on 

January 16, 2003 (68 FR 2217). Idaho’s 

air pollution emergency rules include 

PM2.5, establish stages of episode 

criteria, provide for public 

announcement whenever any episode 

stage has been determined to exist, and 

specify emission control actions to be 

taken at each episode stage, consistent 

with the EPA emergency episode SIP 

requirements set forth at 40 CFR part 51 

subpart H (prevention of air pollution 

emergency episodes, sections 51.150 

through 51.153) for particulate matter. 

Therefore, we are proposing to approve 

the Idaho SIP as meeting the 

requirements of CAA section 

110(a)(2)(G) for the 2012 PM2.5 NAAQS. 

110(a)(2)(H): Future SIP Revisions 

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

SIPs provide for revision of such plan (i) 

from time to time as may be necessary 

to take account of revisions of such 

national primary or secondary ambient 

air quality standard or the availability of 

improved or more expeditious methods 

of attaining such standard, and (ii), 

except as provided in paragraph 

110(a)(3)(C), whenever the 

Administrator finds on the basis of 

information available to the 

Administrator that the SIP is 

substantially inadequate to attain the 

NAAQS which it implements or to 

otherwise comply with any additional 

requirements under the CAA. 

State submittal: The Idaho submittal 

refers to Idaho Code Sections 39–105(2) 

and (3)(d) which provide Idaho DEQ 

with broad authority to revise rules, in 

accordance with Idaho administrative 

procedures for rulemaking, to meet 

national ambient air quality standards 

as incorporated by reference in IDAPA 

58.01.01.107. The Idaho submittal also 

refers to IDAPA 58.01.01.575 through 

587 which establish and define 

acceptable ambient concentrations 

consistent with established criteria. 

EPA analysis: We find that Idaho has 

adequate authority to regularly update 

the SIP to take into account revisions of 

the NAAQS and other related regulatory 

changes. In practice, Idaho regularly 

updates the SIP for purposes of NAAQS 

revisions and other related regulatory 

changes. We most recently approved 

revisions to the Idaho SIP on May 12, 

2017 (82 FR 22083) and August 12, 2016 

(81 FR 53290). Idaho has incorporated 

by reference the 2012 PM2.5 NAAQS 

into the Idaho SIP. Therefore, we are 

proposing to approve the Idaho SIP as 

meeting the requirements of CAA 

section 110(a)(2)(H) for the 2012 PM2.5

NAAQS. 

110(a)(2)(I): Nonattainment Area Plan 

Revision Under Part D 

There are two elements identified in 

CAA section 110(a)(2) not governed by 

the three-year submission deadline of 

CAA section 110(a)(1) because SIPs 

incorporating necessary local 

nonattainment area controls are not due 

within three years after promulgation of 

a new or revised NAAQS, but are rather 

due at the time of the nonattainment 

area plan requirements pursuant to 

section 172 and the various pollutant 

specific subparts 2–5 of part D. These 

requirements are: (i) Submissions 

required by CAA section 110(a)(2)(C) to 

the extent that subsection refers to a 

permit program as required in part D, 

title I of the CAA, and (ii) submissions 

required by CAA section 110(a)(2)(I) 

which pertain to the nonattainment 

planning requirements of part D, title I 

of the CAA. As a result, this action does 

not address infrastructure elements 

related to CAA section 110(a)(2)(C) with 

respect to nonattainment NSR or CAA 

section 110(a)(2)(I). 

110(a)(2)(J): Consultation With 

Government Officials 

CAA section 110(a)(2)(J) requires 

states to provide a process for 

consultation with local governments 

and Federal Land Managers carrying out 

NAAQS implementation requirements 

pursuant to section 121. CAA section 

110(a)(2)(J) further requires states to 

notify the public if NAAQS are 

exceeded in an area and to enhance 

public awareness of measures that can 

be taken to prevent exceedances. Lastly, 

CAA section 110(a)(2)(J) requires states 

to meet applicable requirements of part 

C, title I of the CAA related to 

prevention of significant deterioration 

and visibility protection. 

State submittal: The Idaho submittal 

refers to laws and regulations relating to 

public participation processes for SIP 

revisions and permitting programs. The 

submittal refers to IDAPA 58.01.01.209, 

364, and 404 which provide for public 

processes related to new source 

construction permits and operating 

permits. The submittal also refers to 

Idaho Code Section 39–105(3)(c) which 

promotes outreach with local 

governments and Idaho Code Section 

39–129 which provides authority for 

Idaho DEQ to enter into agreements 

with local governments. In addition, the 

Idaho submittal references the Idaho 

transportation conformity rules and 

regional haze rules which provide for 

consultation processes. With regard to 

public notification, the Idaho submittal 

states that Idaho DEQ submits 

information to EPA’s AIRNOW program 

and provides daily air quality index 

scores for many locations throughout 

Idaho. Finally, with regard to PSD, the 

submittal references the Idaho rules for 

major source permitting at IDAPA 

58.01.01.200 through 223, including 

PSD requirements for sources in 

attainment and unclassifiable areas. 

EPA analysis: The Idaho SIP includes 

specific provisions for consulting with 


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local governments and Federal Land 

Managers as specified in CAA section 

121, including the Idaho rules for major 

source PSD permitting. The EPA most 

recently approved Idaho permitting 

rules at IDAPA 58.01.01.209 and 

58.01.01.404, which provide 

opportunity and procedures for public 

comment and notice to appropriate 

federal, state and local agencies, on 

November 26, 2010 (75 FR 47530). We 

most recently approved Idaho’s rules 

that define transportation conformity 

consultation on April 12, 2001 (66 FR 

18873), and Idaho’s regional haze rules 

on June 9, 2011 (76 FR 33651). In 

practice, Idaho DEQ routinely 

coordinates with local governments, 

states, Federal Land Managers and other 

stakeholders on air quality issues 

including permitting action, 

transportation conformity, and regional 

haze. Therefore, we are proposing to 

find that the Idaho SIP meets the 

requirements of CAA section 110(a)(2)(J) 

for consultation with government 

officials for the 2012 PM2.5 NAAQS. 

CAA section 110(a)(2)(J) also requires 

the public be notified if NAAQS are 

exceeded in an area and to enhance 

public awareness of measures that can 

be taken to prevent exceedances. The 

EPA calculates an air quality index for 

five major air pollutants regulated by 

the CAA: Ground-level ozone, 

particulate matter, carbon monoxide, 

sulfur dioxide, and nitrogen dioxide. 

The EPA AIRNOW program provides 

this air quality index daily to the public, 

including health effects and actions 

members of the public can take to 

reduce air pollution. Idaho actively 

participates and submits information to 

the AIRNOW program, in addition to 

the EPA’s Enviroflash Air Quality Alert 

program. Idaho DEQ also provides the 

daily air quality index to the public on 

the DEQ Web site at http://

www.deq.idaho.gov/air/aqindex.cfm, as 

well as measures that can be taken to 

prevent exceedances. Therefore, we are 

proposing to find that the Idaho SIP 

meets the requirements of CAA section 

110(a)(2)(J) for public notification for 

the 2012 PM2.5 NAAQS. 

Turning to the requirement in CAA 

section 110(a)(2)(J) that the SIP meet the 

applicable requirements of part C of title 

I of the CAA, we have evaluated this 

requirement in the context of CAA 

section 110(a)(2)(C) with respect to 

permitting. The EPA most recently 

approved revisions to Idaho’s PSD 

program on May 12, 2017 (82 FR 22083) 

and August 12, 2016 (81 FR 53290). 

Idaho’s SIP-approved PSD program 

implements the 2012 PM2.5 NAAQS and 

incorporates by reference the federal 

PSD program regulations at 40 CFR 

52.21 as of July 1, 2015. We believe that 

our proposed approval of element 

110(a)(2)(J) is not affected by recent 

court vacaturs of EPA PSD 

implementing regulations. Please see 

our discussion at section 110(a)(2)(C). 

Therefore, we are proposing to approve 

the Idaho SIP as meeting the 

requirements of CAA section 110(a)(2)(J) 

with respect to PSD for the 2012 PM2.5

NAAQS. 

With regard to the applicable 

requirements for visibility protection, 

the EPA recognizes that states are 

subject to visibility and regional haze 

program requirements under part C of 

the CAA. In the event of the 

establishment of a new NAAQS, 

however, the visibility and regional 

haze program requirements under part C 

do not change. Thus we find that there 

is no new applicable requirement 

relating to visibility triggered under 

CAA section 110(a)(2)(J) when a new 

NAAQS becomes effective. Based on the 

above analysis, we are proposing to 

approve the Idaho SIP as meeting the 

requirements of CAA section 110(a)(2)(J) 

for the 2012 PM2.5 NAAQS. 

110(a)(2)(K): Air Quality and Modeling/ 

Data 

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

SIPs provide for (i) the performance of 

such air quality modeling as the 

Administrator may prescribe for the 

purpose of predicting the effect on 

ambient air quality of any emissions of 

any air pollutant for which the 

Administrator has established a national 

ambient air quality standard, and (ii) the 

submission, upon request, of data 

related to such air quality modeling to 

the Administrator. 

State submittal: The Idaho submittal 

states that air quality modeling is 

conducted during development of 

revisions to the SIP, as appropriate for 

Idaho to demonstrate attainment with 

required air quality standards. Idaho 

cites IDAPA 58.01.01.202.02 and IDAPA 

58.01.01.402.03 which address permit to 

construct and Tier II operating permit 

application procedures and modeling 

requirements for estimating ambient 

concentrations, respectively. Modeling 

is also addressed in Idaho’s source 

permitting process as discussed at 

section 110(a)(2)(A) above. Estimates of 

ambient concentrations are based on 

requirements specified in 40 CFR part 

51, Appendix W (Guidelines on Air 

Quality Models) which is incorporated 

by reference at IDAPA 58.01.01.107. 

EPA analysis: We most recently 

approved IDAPA 58.01.01.107 

(incorporations by reference) on May 12, 

2017 (82 FR 22083). This rule 

incorporates by reference the following 

EPA regulations: Requirements for 

Preparation, Adoption, and Submittal of 

Implementation Plans, 40 CFR part 51; 

National Primary and Secondary 

Ambient Air Quality Standards, 40 CFR 

part 50; Approval and Promulgation of 

Implementation Plans, 40 CFR part 52; 

Ambient Air Monitoring Reference and 

Equivalent Methods, 40 CFR part 53; 

and Ambient Air Quality Surveillance, 

40 CFR part 58 revised as of July 1, 

2015. Idaho has incorporated by 

reference the 2012 PM2.5 NAAQS into 

Idaho regulations. Idaho models 

estimates of ambient concentrations 

based on 40 CFR part 51 Appendix W 

(Guidelines on Air Quality Models). To 

cite an example of a SIP supported by 

substantial modeling, the EPA approved 

the PM10 Second Ten-Year Maintenance 

Plan for Northern Ada County/Boise 

Idaho Area on October 2, 2014 (79 FR 

59435). Therefore, we are proposing to 

approve the Idaho SIP as meeting the 

requirements of CAA section 

110(a)(2)(K) for the 2012 PM2.5 NAAQS. 

110(a)(2)(L): Permitting Fees 

CAA section 110(a)(2)(L) requires SIPs 

to require each major stationary source 

to pay permitting fees to cover the cost 

of reviewing, approving, implementing 

and enforcing a permit, until such time 

as the SIP fee requirement is superseded 

by the EPA’s approval of the state’s title 

V operating permit program. 

State submittal: The Idaho submittal 

refers to IDAPA 58.01.01.387–397, 

which set the requirements for the 

annual registration of Tier I (title V) 

sources and the annual assessment and 

payment of fees to support the Tier I 

permitting program. The EPA approved 

Idaho’s title V permitting program on 

October 4, 2001 (66 FR 50574). The 

submittal also references IDAPA 

58.01.01.407–409 which set the 

requirements for Tier II operating permit 

processing fees and usage. 

EPA analysis: We approved Idaho’s 

title V program on October 4, 2001 (66 

FR 50574) with an effective date of 

November 5, 2001. While Idaho’s 

operating permit program is not 

formally approved into the State’s SIP, 

it is a legal mechanism the State can use 

to ensure that Idaho DEQ has sufficient 

resources to support the air program, 

consistent with the requirements of the 

SIP. Before the EPA can grant full 

approval, a state must demonstrate the 

ability to collect adequate fees. Idaho’s 

title V program included a 

demonstration the State will collect a 

fee from title V sources above the 

presumptive minimum in accordance 

with 40 CFR 70.9(b)(2)(i). Idaho 

regulations require permitting fees for 

major sources subject to new source 


pmangrum on DSK3GDR082PROD with PROPOSALS1
42780 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules 

review, as specified at IDAPA 

58.01.01.224–227. Therefore, we are 

proposing to conclude that Idaho has 

satisfied the requirements of CAA 

section 110(a)(2)(L) for the 2012 PM2.5

NAAQS. 

110(a)(2)(M): Consultation/Participation 

by Affected Local Entities 

CAA section 110(a)(2)(M) requires 

states to provide for consultation and 

participation in SIP development by 

local political subdivisions affected by 

the SIP. 

State submittal: The Idaho submittal 

references IDAPA 58.01.01.209, 364 and 

404 which provide for the public 

processes related to developing and 

issuing air quality permits. In addition, 

the submittal references the 

transportation conformity consultation 

and public processes at IDAPA 

58.01.01.563–574. Finally, the submittal 

references the consultation and 

participation process outlined in 40 CFR 

51.102, incorporated by reference at 

IDAPA 58.01.01.107. 

EPA analysis: The EPA most recently 

approved IDAPA 58.01.01.107 

(incorporations by reference), which 

incorporates by reference EPA 

regulations at 40 CFR part 51— 

Requirements for Preparation, 

Adoption, and Submittal of 

Implementation Plans on May 12, 2017 

(82 FR 22083). In addition, we most 

recently approved Idaho permitting 

rules at IDAPA 58.01.01.209 and 

58.01.01.404, which provide 

opportunity and procedures for public 

comment and notice to appropriate 

federal, state and local agencies, on 

November 26, 2010 (75 FR 47530). 

Finally, we approved the State rules that 

define transportation conformity 

consultation on April 12, 2001 (66 FR 

18873). Therefore, we are proposing to 

approve the Idaho SIP as meeting the 

requirements of CAA section 

110(a)(2)(M) for the 2012 PM2.5 NAAQS. 

V. Proposed Action 

The EPA is proposing to find that the 

Idaho SIP meets the following CAA 

section 110(a)(2) infrastructure elements 

for the 2012 PM2.5 NAAQS: (A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). This action is being taken 

under section 110 of the CAA. 

VI. Statutory and Executive Orders 

Review 

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 proposed 

action merely approves the state’s law 

as meeting federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the state’s 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

the action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in Idaho, and the EPA notes that 

it 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, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: August 28, 2017. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2017–19346 Filed 9–11–17; 8:45 am] 

BILLING CODE 6560–50–P 


pmangrum on DSK3GDR082PROD with PROPOSALS1