Approval and Promulgation of State Implementation Plans: Idaho

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ID8-1-6600a; FRL-5107-6]

Approval and Promulgation of State Implementation Plans: Idaho

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) approves a revision

of the Northern Ada County, Idaho State Implementation Plan (SIP) for

carbon monoxide (CO), which was submitted to EPA Region 10

Administrator, Chuck Clarke, on June 29, 1994. The action deletes

transportation control measures from the CO SIP which was last updated

in 1984. The action also adds to the CO SIP, enhancements to three

ongoing programs: Transit, rideshare, and vehicle inspection and

maintenance.

EFFECTIVE DATE: This direct final rule will be effective on January 30,

1995 unless adverse or critical comments are received by January 3,

1995. If the effective date is delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston,

SIP Manager, Air & Radiation Branch (AT-082), EPA, Docket #ID8-1-6600,

1200 Sixth Avenue, Seattle, Washington 98101.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street, SW., Washington,

DC 20460. Copies of material submitted to EPA may be examined during

normal business hours at the following locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington

98101, and the Idaho Division of Environmental Quality, 1410 N. Hilton,

Boise, Idaho 83706.

FOR FURTHER INFORMATION CONTACT: Michael J. Lidgard, Air & Radiation

Branch (AT-082), EPA, Seattle, Washington 98101 (206) 553-4233.

SUPPLEMENTARY INFORMATION:

I. Background

Northern Ada County is a CO nonattainment area. The area was

initially designated as a nonattainment area in 1978. The CO SIP was

submitted to EPA in a series of submittals in the early 1980's. EPA

approved the CO SIP and published the Federal Register document on June

6, 1985. The area was designated after the 1990 Clean Air Act

Amendments as a ``not classified'' nonattainment area, since no

violations of the CO standard have occurred since 1987 (Federal

Register November 6, 1991). Since the area is not classified, there is

no requirement under the Clean Air Act for the state to submit an

attainment demonstration for this area. The state plans on developing a

maintenance plan and requesting a reclassification to attainment status

in 1995.

The Idaho CO SIP submitted in 1984 includes 14 transportation

control measures (TCMs) five of which were quantified as providing

specific CO emission reductions. Of the five measures that were

quantified in the original SIP, three measures (transit, rideshare and

improved parking design) fell short of the SIP goals, one measure met

the goal (staggered work hours), and one measure (transportation

improvement) exceeded the goal. The remaining nine TCMs which were not

quantified were either partially implemented or not implemented. The

vehicle inspection and maintenance (I/M) program, not defined as a TCM,

exceeded the goals of the 1984 SIP. Changes in the socioeconomic trends

of the community over the last 10 years, federal funding of transit

budgets and unrealistic goals are all responsible for the shortfalls of

the 1984 TCMs.

Section 176(c) of the Clean Air Act (CAA) prohibits any

metropolitan planning organization (MPO) designated under section 134

of title 23, United States Code, from approving any transportation

project, program, or plan which does not conform to a SIP approved

under section 110 of the CAA. The federal transportation conformity

regulation (40 CFR part 51, subpart T) implements the transportation

related requirements of section 176(c). Section 51.418 of the

regulation requires the transportation plan and program to provide for

the timely implementation of transportation control measures (TCMs)

from the applicable implementation plan. Nothing in the transportation

plan or program may interfere with the implementation of any TCM in the

applicable implementation plan. Section 51.392 defines a TCM as any

measure that is specifically identified and committed to in the

applicable implementation plan that is either one of the types listed

in section 108 of the CAA, or any other measure for the purpose of

reducing emissions or concentration of air pollutants from

transportation sources by reducing vehicle use or changing traffic flow

or congestion conditions.

Under the federal conformity rule, before the Federal Highway

Administration can approve the transportation plan, program, and

projects for Northern Ada County, a conformity determination must be

made which shows timely implementation of all of the TCMs in the SIP,

and demonstrates that all obstacles in the way of implementation have

been removed. In the Northern Ada County case, the 14 TCMs identified

in the 1984 SIP must meet the timely implementation criterion in order

for the transportation plan or program to be approved and projects to

be funded. As noted above, a number of TCMs have not been, and are

currently not intended to be implemented. The State of Idaho has

therefore opted to revise the SIP to delete the 14 TCMs from the 1984

SIP and replace the measures with alternative TCMs and with vehicle I/M

program enhancements. The state submitted, on June 29, 1994, a SIP

revision which revises the TCM commitments and amends the I/M program.

As part of the SIP revision, the state also has provided a

demonstration that the substitute measures achieve at least as much

emission reductions as the reductions from the deleted 1984 SIP

measures.

The purpose of the SIP revision submitted to EPA on June 29, 1994,

is threefold. One is to delete old TCMs from the CO SIP. Secondly, the

SIP revision establishes new TCMs and new I/M requirements for the

Northern Ada County CO SIP. Finally, the 1994 submittal demonstrates

that the new TCMs, together with the enhancements of the I/M program,

have equal or greater than anticipated cumulative effects on CO

emission reductions than did the TCMs from the 1984 SIP submittal, thus

demonstrating that the SIP submittal does not weaken the existing CO

SIP.

II. This Action

This action approves the ``Minor Revision of the Northern Ada

County, Idaho 1984 State Implementation Plan (SIP) for carbon monoxide

(CO)'', submitted to EPA Regional Administrator Chuck Clark, from the

State of Idaho on June 29, 1994. The action deletes the 14 TCMs from

the 1984 CO SIP. The 14 TCMs from the 1984 SIP are no longer required

to demonstrate the timely implementation test of the conformity

regulation. The action approves enhancements to three existing

programs: transit, rideshare, and vehicle inspection and maintenance

(I/M).

A. Transit

The SIP commits to the following transit level:

1. Boise Urban Stages, Boise Transit System (BUS), will purchase 32

compressed natural gas (CNG) buses between 1994 and 1997 to replace its

entire fleet and increase the fleet size from 26 to 30 buses.

2. BUS will maintain its recently enhanced marketing efforts to

promote transit use in the area.

3. BUS has established the goal of breaking through the 1,000,000

ridership benchmark in 1994 and increasing ridership by 4% per year.

Therefore, the ridership levels will reach approximately 1,124,800 by

1997. These increases are, at a minimum, to maintain the existing

levels and offset the area's growth.

4. The City of Boise will launch the development of a three-phase

long range transit plan for the period of FY95-FY2006. The first phase

of the plan will address the transit system in the Boise Service Area,

the second phase will address the service in Ada County and the third

phase will address a multi-county service area in cooperation with all

cognizant agencies. Approximately $60,000 and 1.5 full time employees

have been committed to this effort for FY94.

B. Rideshare

The SIP commits to the following rideshare program:

1. Through marketing and promotion efforts by the Valley

Commuteride, rideshare level goals will increase to 16% of all commuter

trips by 1995 and to 17.5% by 1997.

2. Currently, 17 routes serve the Boise Area. The Ada County

Highway District (ACHD) Valley Commuteride goal will be to increase the

vanpool fleet by 10% per year; 19 vans by 1995, and 23 by 1997.

3. The Valley Commuteride Program will work with other public and

private entities to increase the number of Park and Ride lots and

promote the usage of existing lots. The goal is to initiate two Park

and Ride lots each year, expanding from 19 in 1994 to 25 in 1997. It is

also a goal to increase Park and Ride usage by 10% each year. These

increases are, at a minimum, to maintain the existing levels and offset

the area's growth.

On October 13, 1994, Ada Planning Association, the Metropolitan

Planning Organization (MPO) for the area, provided a letter to EPA

Region 10 which provided additional clarification to the SIP

commitments listed above (the letter is available in the docket for

public review). The letter clarifies that the purchase of buses, vans

and other equipment, the improvement/acquisition of Park and Ride lots,

and the budgeted marketing dollars are clearly SIP commitments. EPA

considers these commitments to be TCMs for the purpose of conformity

determinations. Since these TCMs are eligible for federal funding under

title 23 USC or the Federal Transit Act, their timely implementation

must be demonstrated in order for a conformity determination to be

made. The only exceptions from the conformity timely implementation

test from the SIP commitments listed above are the ridership goals. The

ridership levels of transit item 3 above, and the rideshare level of

rideshare item 1 above, are goals, and not considered TCMs for

conformity purposes. The ridership levels are expected to result from

the commitments made but are goals only and not enforceable under the

conformity criteria.

The October 13, 1994 letter also outlines the major components of

the current promotional campaign aimed at increasing transit ridership

and rideshare levels. The SIP commits to maintaining the marketing

efforts to promote transit and rideshare use.

The MPO also submitted on October 13, 1994, the Transportation

Improvement Program (TIP) for Northern Ada County for fiscal year 1995-

2000. The TIP demonstrates the state and local agencies financial

commitment to the TCMs listed in the SIP. The TIP has been approved by

the MPO and has been included in the State TIP. By federal regulation,

the TIP is financially constrained. Additionally, the letter states

that the TCM projects in the TIP have been included in the adopted

budgets of the City of Boise and the Ada County Highway District

(ACHD).

The implementation agency for the transit program is the Boise

Urban Stages (BUS), a branch of the City of Boise government. Idaho

Code Sec. 50-322 allows the cities to operate a public transit system.

The City of Boise is officially designated the recipient of the Federal

Transit Administration (FTA) funds for transit operation and capital

improvements. The implementation agency for the ridesharing program is

the Commuteride Program, which is a department of the Ada County

Highway District (ACHD). The Commuteride office operates carpooling,

vanpooling and Park and Ride services in Ada County and the adjacent

counties.

C. I/M

The SIP submitted and approved by EPA in 1984 established a

decentralized, manual program that inspected 1970 and newer light-duty

vehicles on an annual basis. Between 1990 and 1994, several changes

occurred in the program:

1. An anti-tampering program was started in 1990.

2. The program also was amended in 1990 to include model years

1965-1970, versus the prior commitment to inspect vehicles manufactured

from 1970 to the current year. This step increased the number of

vehicles inspected (based on 1990 registration data) by approximately

1,000.

3. The repair limit for 1981 and newer vehicles was increased from

$30 to $175 in 1990.

4. The program shifted to registration enforcement in 1993. Prior

enforcement was based on a three step notification to vehicle owners,

followed by court action. Since failure to have a vehicle inspected is

considered an ``infraction'' under the law, the largest penalty would

be $25 and a court order to get the vehicle inspected. Registration

enforcement allows Air Quality Board to prevent vehicles from getting

registered without proof of inspection.

5. The equipment specifications were changed in 1990. Inspection

facilities are now required to use computerized emissions analyzers

which further increases the effectiveness of the program.

6. The vehicle types covered was expanded in 1990 to include heavy

duty gas trucks (8,500 + lbs gross vehicle weight).

Ada County Ordinance 228, incorporating these changes, was

submitted with this SIP and is being approved with this action.

(Northern Ada County is a ``non-classified'' area since the CO

standard has not been violated since 1987. As such, the area is not

required to meet the ``basic'' or ``enhanced'' I/M program design as

specified in EPA I/M regulations.)

The SIP anticipates a CO reduction of 93,675 Kg/day from the

implementation of the transit, rideshare, and I/M programs. The 1984 CO

SIP anticipated reductions of 89,446 Kg/day from the entire TCM program

including the I/M program. This SIP revision has sufficiently

demonstrated that it is not a weakening of the 1984 SIP, but the test

for demonstrating no weakening of the SIP is less vigorous than the

test used to demonstrate emission reduction credit for control

strategies in either an attainment SIP or maintenance plan. Boise is

under no obligation to demonstrate attainment or to adopt TCMs, other

than to protect the levels of the 1984 SIP. As such, EPA's approval of

this SIP revision should not be construed to mean that the SIPs

estimation of emission reductions and commitments to the TCMs would be

considered adequate for a control strategy SIP.

In addition to the commitments identified above, other measures

have been implemented or will be implemented which are mentioned in the

SIP as voluntary measures. Although these additional programs were not

submitted as commitments, and are not being approved as part of the

federally enforceable SIP for Idaho, these additional measures will

provide emission benefits. These include transportation improvements,

additional CNG buses, improved parking design, and oxygenated fuel

usage (encouraged through tax credits versus oxygen in gasoline

specifications). Details of the quantification for both the committed

and voluntary measures are available in the docket for public review.

III. Administrative Review

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, Part D of the CAA

do not create any new requirements, but simply approve requirements

that the state is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective January 30, 1995, unless, by January 3, 1995, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective January 30, 1995.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Clean Air

Act Amendments enacted on November 15, 1990. The EPA has determined

that this action conforms with those requirements.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic and

environmental factors and in relation to relevant statutory and

regulatory requirements.

This action has been classified as a Table 2 by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The OMB has exempted this regulatory action from

E.O. 12866 review.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by January 30, 1995. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2), 42 U.S.C.

7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

Note: Incorporation by reference of the Implementation Plan for

the State of Idaho was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: November 7, 1994.

Gerald A. Emison,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart N--Idaho

2. Section 52.670 is amended by adding paragraph (c) (29) to read

as follows:

Sec. 52.670 Identification of plan.

* * * * *

(c) * * *

(29) On June 29, 1994, the Idaho Department of Health and Welfare

submitted a CO State Implementation Plan for Northern Ada County,

Idaho.

(i) Incorporation by reference.

(A) June 29, 1994 letter from Idaho Department of Health and

Welfare to EPA Region 10 submitting the CO SIP for Northern Ada County,

Idaho.

(B) Minor Revision of the Northern Ada County, Idaho 1984 State

Implementation Plan for CO, June 1994 (including Ada County Ordinance

228, City of Boise Ordinance 5273, City of Meridian Ordinance 547, City

of Garden City Ordinance 558, and City of Eagle Ordinance 177), as

adopted by the Idaho Department of Health and Welfare on June 28, 1994.

[FR Doc. 94-29579 Filed 11-30-94; 8:45 am]

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