Approval and Promulgation of Implementation Plans: State of Idaho

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ID12-1-6992a; FRL -5206-6]

Approval and Promulgation of Implementation Plans: State of Idaho

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On August 25, 1994, the Environmental Protection Agency (EPA)

issued a direct final rule approving the State Implementation Plan for

the Pinehurst, Idaho, PM-10 (particulate matter with an aerodynamic

diameter of less than or equal to a nominal ten micrometers)

nonattainment area (59 FR 43745 (August 25, 1994)). In this rulemaking

action, EPA is approving the provisions of that plan for the area just

outside the City of Pinehurst which was designated nonattainment in

January 1994.

EFFECTIVE DATE: This direct final rule will be effective on July 25,

1995 unless adverse or critical comments are received by June 26, 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, EPA, Air & Radiation Branch (AT-082), 1200 Sixth Avenue,

Seattle, Washington 98101.

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 State of Idaho Division of Environmental Quality, 1410

N. Hilton, Boise, ID 83720.

FOR FURTHER INFORMATION CONTACT: Doug Cole, EPA, Idaho Operations

Office, 1435 N. Orchard St., Boise, ID 83706, (208) 334-9555.

SUPPLEMENTARY INFORMATION:

I. Background

On August 25, 1994, EPA issued a direct final rule approving the

State Implementation Plan (SIP) for the Pinehurst PM-10 nonattainment

area in Shoshone County, Idaho. See 59 FR 43745. The rule became

effective October 24, 1994. In that document, EPA described its

approval action as covering the Pinehurst, Idaho nonattainment area

that was designated nonattainment for PM-10 and classified as moderate

under sections 107(d)(4)(B) and 188(a) of the Clean Air Act upon

enactment of the 1990 Clean Air Act Amendments (citing 56 FR 56694

(November 6, 1991)).\1\ The document inadvertently failed to explain,

however, that, effective January 20, 1994, EPA approved the

redesignation of an additional area in Shoshone County, adjacent to the

Pinehurst nonattainment area, as nonattainment for PM-10. See 58 FR

67334, 67339 (December 21, 1993) and 40 CFR 81.313 (codified air

quality designations for the State of Idaho). Further, the August 25,

1994 document did not explain that the SIP revision submitted by Idaho

to address certain moderate PM-10 nonattainment planning requirements

for Pinehurst also applied to the adjacent moderate PM-10 nonattainment

area.

\1\The 1990 Amendments to the Clean Air Act made significant

changes to the Act. See Public Law No. 101-549, 104 Stat. 2399.

References herein are to the Clean Air Act, as amended (``Act'' or

``CAA''). The Clean Air Act is codified, as amended, in the U.S.

Code at 42 U.S.C. 7401, et seq.

II. This Action

In this action, EPA is approving the PM-10 SIP submitted by the

State of Idaho on April 14, 1992 and described in the August 25, 1994

Federal Register [[Page 27892]] document (59 FR 43745), as meeting

certain Clean Air Act moderate PM-10 nonattainment area planning

requirements for the portion of the Shoshone County, Idaho

nonattainment area outside the City of Pinehurst.

In the Federal Register document approving the redesignation of the

area just outside the City of Pinehurst (hereinafter, the ``Pinehurst

expansion area''), EPA noted that if the moderate area PM-10 SIP

developed by the State for the City of Pinehurst also addressed the

Pinehurst expansion area and was ultimately approved by EPA, it would

satisfy the applicable planning requirements and therefore be

unnecessary for the State to submit a separate moderate area plan

addressing the Pinehurst expansion area. See 58 FR 67339. The control

strategies, attainment demonstration and other plan elements of the SIP

submitted by the State for the City of Pinehurst did in fact cover the

nonattainment boundary as revised effective January 20, 1994, although

EPA inadvertently failed to discuss this in its August 25, 1994

approval action. There are no differences in the manner in which the

control strategies and other plan elements apply within the City of

Pinehurst, on the one hand, and within the Pinehurst expansion area, on

the other hand. The plan cites the resolution of the Pinehurst City

Council supporting the voluntary wood burning curtailment program as a

factor in the program's effectiveness. However, there is no reason to

expect that the program would have less effect in the Pinehurst

expansion area, which is just outside city limits. Additionally, the

woodstove replacement and weatherizations programs are being applied to

the Pinehurst expansion area. Therefore, the evaluation and conclusions

in EPA's August 25, 1994 action approving the SIP for the City of

Pinehurst apply equally to the Pinehurst expansion area. Thus, EPA is

approving the Idaho SIP revision addressed in the August 25, 1994,

Federal Register document as also satisfying certain moderate PM-10

nonattainment planning requirements for the additional PM-10

nonattainment area in Shoshone County referred to as the Pinehurst

expansion area. See 40 CFR 81.313. EPA concludes that the State has

satisfied the requirements calling for: reasonably available control

measures (including reasonably available control technology); a

demonstration that the area will attain the PM-10 national ambient air

quality standards (NAAQS) as expeditiously as practicable; an accurate

emissions inventory; and the other moderate PM-10 nonattainment

planning requirements discussed in the August 25, 1994 Federal Register

document and underlying documents. EPA is also determining that major

stationary sources of PM-10 precursors do not contribute significantly

to PM-10 levels in excess of the NAAQS in the Pinehurst expansion area

and is therefore granting the exclusion from precursor control

requirements set out at section 189(e) of the CAA. See generally CAA

section 172 (c), 188 & 189; 57 FR 13498 (April 16, 1992) & 57 FR 18070

(April 28, 1992).

However, as indicated in the August 25, 1994 Federal Register

document, the State has not satisfied the requirement for contingency

measures for either the City of Pinehurst or the Pinehurst expansion

area. See CAA section 172 (c)(9) and 59 FR at 43750-43751. Contingency

measures for the City of Pinehurst were due on November 15, 1993 and

the State has until July 13, 1995 to correct this deficiency for the

City of Pinehurst or it will face federal highway or offset sanctions.

See 57 FR 13543 & 59 FR 43751. Contingency measures for the Pinehurst

expansion area are due July 20, 1995. See 58 FR 67341. The State's

obligation to submit a permit program for the construction and

operation of new and modified stationary sources of PM-10 (NSR program)

in the Pinehurst expansion area by July 13, 1995, has been satisfied by

the State's May 17, 1994 submittal of an NSR program covering all

nonattainment areas in the State. EPA is currently in the process of

reviewing the State's NSR program to determine if the program meets the

requirements of the CAA. EPA intends to take action on Idaho's NSR

program when EPA has completed its review.

For additional discussion of the control measures and other

planning requirements contained in the SIP and EPA's analysis, please

see the State submittal, EPA's approval of the plan for the City of

Pinehurst (59 FR 43745) and the docket supporting that approval.

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 Act,

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 July 25, 1995 unless, within 30 days of its publication,

adverse or critical comments are received.

If 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 July 25, 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 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as [[Page 27893]] 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 July 25, 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, Incorporation by

reference, Particulate matter.

Dated: April 28, 1995.

Chuck Clarke,

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 revising paragraph (c)(28)

introductory text to read as follows:

Sec. 52.670 Identification of plan.

* * * * *

(c) * * *

(28) On April 14, 1992, the State of Idaho submitted a revision to

the SIP for Pinehurst, ID, for the purpose of bringing about the

attainment of the national ambient air quality standards for

particulate matter with an aerodynamic diameter less than or equal to a

nominal 10 micrometers. This submittal includes an additional area in

Shoshone County adjacent to the City of Pinehurst which EPA designated

nonattainment and moderate for PM-10 on January 20, 1994.

* * * * *

[FR Doc. 95-12929 Filed 5-25-95; 8:45 am]

BILLING CODE 6560-50-P