Approval and Promulgation of State Implementation Plans: Idaho

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ID-1-1-5528a; FRL-5449-2]

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 the State

Implementation Plan submitted by the State of Idaho for the purpose of

bringing about the attainment of the National Ambient Air Quality

Standards (NAAQS) for particulate matter with an aerodynamic diameter

less than or equal

[[Page 27020]]

to a nominal 10 micrometers (PM10) in the Northern Ada County

PM10 nonattainment area.

DATES: This action is effective on July 29, 1996 unless adverse or

critical comments are received by July 1, 1996. If the effective date

is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Copies of the State's request and other information

supporting this action are available for inspection during normal

business hours at the following locations: EPA, Region 10, Office of

Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 98101,

and State of Idaho Division of Environmental Quality, 1410 N. Hilton,

Boise, ID 83720.

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

Region 10, Office of Air Quality, 1200 Sixth Avenue, OAQ-107, Seattle,

Washington, 98101.

FOR FURTHER INFORMATION CONTACT: Doug Cole, EPA, Region 10, Idaho

Operations Office, 1435 North Orchard, Boise, Idaho 83706, (208) 334-

9555.

SUPPLEMENTARY INFORMATION:

I. Background

On September 22, 1994, EPA issued a proposed rulemaking action on

the State Implementation Plan (SIP) for the Northern Ada County

PM10 nonattainment area. See 59 FR 48582, Sept. 22, 1994. The plan

was submitted for the purpose of satisfying the moderate area planning

requirements for PM10 nonattainment areas, as set forth in

subparts 1 and 4 of Title I of the Clean Air Act (CAA or Act). In that

proposed rulemaking, EPA proposed to grant full approval of the

emissions inventory and PM10 precursor exclusion elements, limited

approval of the control measures submitted by the State for the limited

purpose of making them Federally enforceable, and disapproval of the

control measures, attainment demonstration and quantitative milestones,

and reasonable further progress elements of the SIP. Disapproval of

these elements was based on the State's failure to adopt into the SIP

and submit to EPA the wood smoke control ordinances for the cities of

Garden City, Meridian, and Eagle, and for unincorporated Ada County,

which the State had relied on to implement the residential wood burning

program identified in the SIP. In addition, the State had failed to

adequately address in the SIP the enforceability of its control

measures. EPA received no comments on its proposal.

On December 30, 1994, the State of Idaho, Department of Health and

Welfare, Division of Environmental Quality (IDEQ or State) submitted to

EPA additional information which included the wood smoke control

ordinances for these areas; an explanation of the enforcement

procedures, responsibilities, and sources of funding for each of the

adopted ordinances; and the State's assurance of responsibility for

adequate implementation of the local control measures. As described in

more detail below, EPA believes the Northern Ada County PM10 SIP

is now fully approvable and therefore fully approves the State's plan.

II. Analysis of State Submission

A detailed analysis of the SIP is contained in the September 22,

1994, Federal Register document proposing action on the Northern Ada

County PM10 SIP. (59 FR 48582) That analysis evaluated each of the

SIP elements, and concluded that certain elements were approvable and

that certain elements had deficiencies requiring resolution. A summary

of the analysis, and additional analysis of information contained in

the December 30, 1994, submittal follows.

1. Procedural Background

IDEQ conducted public hearings and adopted the SIP consistent with

Section 110 of Clean Air Act. The initial public hearing was held on

October 11, 1990, and a second public hearing was held on November 14,

1991, on a plan modification. The additional information submitted on

December 30, 1994, included four implementing ordinances that had each

been adopted by the responsible agency after having gone through the

public hearing process required by State and local law. EPA has

determined that notice and public hearing, meeting the requirements of

40 CFR 51.102, is not required for the December 30, 1994, submittal

because the ordinances and other information submitted by the State do

not differ materially from the control measures outlined in the SIP

that went through notice and public hearing.

2. Accurate Emissions Inventory

The September 22, 1994 Federal Register document discussed the

emissions inventory contained in the November 15, 1991, SIP and

concluded it was consistent with the requirements of Sections 172(c)(3)

and 110(a)(2)(K) of the Act. The additional information submitted on

December 30, 1994, did not change the emissions inventory. Thus, for

the reasons set forth in the September 22, 1994 Federal Register

document, EPA is fully approving the emission inventory.

3. Control Measures

In the September 22, 1994 Federal Register document, EPA determined

that the November 14, 1991, SIP did not provide for the timely

implementation of reasonably available control measures (RACM),

including reasonably available control technology (RACT). To achieve

required emission reductions, the SIP relied upon a residential wood

burning program, which consisted of four elements: an episodic wood

burning curtailment program, a wood smoke public education/awareness

program, a wood stove certification program, and a wood stove change-

out program. The principal element of the residential wood burning

program was the episodic wood burning curtailment program. The SIP

stated that this program would be implemented at the local level

through the adoption of local ordinances by Ada County, and by the

cities of Boise, Garden City, Eagle, and Meridian. However, as noted in

the September 22, 1994, Federal Register document, the State had not

adopted and submitted all of these ordinances as part of the SIP

submittal and the SIP therefore did not satisfy the RACM/RACT

requirement.

The additional information submitted to EPA on December 30, 1994,

included the required ordinances for Ada County, and for the cities of

Garden City, Eagle, and Meridian. Each ordinance describes the

procedures for instituting a wood stove curtailment program, including

the monitored level at which an ``alert'' is called (100 g/m

\3\), and provisions for exemptions from the program. The additional

information also included a description of the procedures by which each

local agency in the nonattainment area which has passed a wood smoke

control ordinance will issue wood stove permits, determine exemptions

from the curtailment program, enforce the program, and fund

implementation.

EPA believes that the State's December 30, 1994, submittal

addresses the deficiencies identified in the September 22, 1994,

Federal Register document, with one exception which does not bar full

approval of the State's control measures as meeting the RACM/RACT

requirement. The State's initial SIP submittal stated that all cities

in the nonattainment area and the unincorporated areas of Ada County

had ordinances prohibiting the sale and installation of uncertified

wood stoves. The initial SIP submittal, however, only included the

ordinance for the City of Boise, and EPA proposed limited approval of

that control measure. As stated above, the additional information

[[Page 27021]]

submitted on December 30, 1994, included wood smoke control ordinances

for Garden City, Eagle, Meridian, and unincorporated Ada County. Only

the Garden City and Ada County ordinances, however, have prohibitions

on the sale and installation of non-certified wood stoves. EPA does not

believe that the failure of the Cities of Meridian and Eagle to

prohibit the sale and installation of uncertified wood stoves poses a

bar to full approval of the control measures identified in the SIP as

meeting the RACM/RACT requirement. As stated in the September 22, 1994,

Federal Register document, the State did not take any emission

reduction credit for the wood stove certification program. See 59 FR

48585. RACM/RACT does not require the implementation of all available

control measures where an area demonstrates timely attainment of the

NAAQS and implementation of additional control measures would not

expedite attainment. See 57 FR 13498, 13540-13544 (April 10, 1992).

The September 22, 1994 document discussed whether, assuming the

implementation of control measures on wood smoke as identified in the

SIP, RACM/RACT required the imposition of controls on emissions of

other sources of PM10 in the nonattainment area, such as road

dust, prescribed silvicultural and agricultural burning, and stationary

sources. See 59 FR 48585. EPA preliminarily concluded that additional

controls on these sources would not be necessary, assuming

implementation of the proposed wood smoke controls, either because

emissions from such sources were insignificant or because additional

controls on such sources were not necessary for and would not expedite

attainment. Now that the State has fully implemented the wood smoke

controls discussed in the SIP and demonstrated that such controls

result in timely attainment of the PM10 standard, EPA concludes

that RACM/RACT does not require additional controls on sources other

than wood smoke.1 Accordingly, for the reasons set forth in the

September 22, 1994, Federal Register document and the reasons set forth

herein, EPA is approving the State's control measures as meeting the

RACM/RACT requirement.

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\1\ As discussed in Section II.6 below, the State has recently

identified in the nonattainment area two major sources of NOX,

which is a precursor to particulate formation under certain

meteorological conditions. Whether RACM requires the implementation

of additional controls on these major sources of NOX is

discussed in Section II.6 below.

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4. Attainment Demonstration

As discussed in the September 22, 1994, Federal Register document,

IDEQ conducted modeling which demonstrated the nonattainment area will

be in attainment of the 24-hour PM10 NAAQS during the period of

1993 through 2000. However, because IDEQ had not demonstrated to EPA

that it had adopted the wood smoke control measures necessary to

achieve the emission reductions identified in the SIP, EPA proposed to

disapprove the attainment demonstration. See 59 FR 48586. Now that IDEQ

has demonstrated that the necessary control measures have been adopted

and implemented and EPA is approving those measures as meeting the

RACM/RACT requirement, EPA is giving full approval to the State's

attainment demonstration.

A review of monitored data in the Northern Ada County NAA indicates

that no exceedences of the standard have occurred since January 7,

1991. Over time, the expected exceedence rate for the 24-hour standard

has been steadily decreasing, from a high of 4.5 during the three-year

period 1986-1988 to 0.0 for the period 1992-1994. Based on the

monitored data, it appears the nonattainment area has attained the 24-

hour PM10 standard.

5. Quantitative Milestones and Reasonable Further Progress

The State's initial SIP submittal also met the requirements for

quantitative milestones and Reasonable Further Progress (RFP). In the

September 22, 1994, Federal Register document, however, EPA proposed

disapproving these requirements because attainment and maintenance of

the standard was predicated on control measures that had not been

incorporated into the SIP. See 59 FR 48586-48587. Now that this

deficiency has been corrected by the December 31, 1994, submittal, EPA

is fully approving State's plan as meeting the quantitative milestones

and RFP requirements.

6. PM10 Precursors

The September 22, 1994, Federal Register document proposed to grant

the exclusion from controls authorized under Section 189(e) of the Act

for major stationary sources of PM10 precursors in the

nonattainment area. See 59 FR 48587. EPA proposed a finding that major

stationary sources of PM10 precursors did not contribute

significantly to PM10 levels in excess of the NAAQS in the

nonattainment area. IDEQ has subsequently submitted information

identifying in the nonattainment area two major stationary sources of

NOx, a PM10 precursor under certain meteorological

conditions. Northwest Pipeline has a potential to emit 314 tons of

NOx per year and St. Alphonsus Hospital has the potential to emit

116 tons of NOx per year. The SIP provides an adequate

demonstration that implementation of RACT will be sufficient to attain

the PM10 by the applicable attainment date. In addition, EPA

reviewed the ambient air quality data from 1992, 1993, and 1994 and

determined that the area attained the NAAQS by December 31, 1994. Thus,

although there are two major stationary sources of PM10 precursors

in the nonattainment area, EPA believes these sources do not contribute

significantly to PM10 levels in excess of the NAAQS in the

nonattainment area. Therefore, Section 189(e) of the Clean Air Act does

not require the imposition of control requirements on major stationary

sources of PM10 precursors in the nonattainment area.

7. Enforceability of Control Measures

In the September 22, 1994, Federal Register document, EPA reserved

judgment on the enforceability of the identified control measures

because several of the control measures relied on by the State in its

SIP submittal had not been submitted to EPA. See 59 FR 48587. As

discussed in Section II.3 above, IDEQ has now submitted those control

measures to EPA, and EPA has determined the control measures meet the

RACM/RACT requirement. The December 31, 1994, submittal includes a

description of each implementing ordinance, the agency responsible for

enforcement, enforcement procedures and penalties, and the steps the

State of Idaho would take should an agency fail to implement or enforce

its respective ordinance, as required by Section 110(a)(2)(E) of the

Clean Air Act. Specifically, IDEQ has committed to impose Tier II

operating permits on all owners and operators of wood stoves within the

nonattainment area should a local agency fail to implement its

ordinance, and IDEQ has demonstrated its authority to do so. In

summary, EPA believes that IDEQ has satisfied the enforceability

requirements of Title I of the Act, including the requirements of

Section 110(a)(2)(E), and is therefore fully approving the State's SIP

as meeting these requirement.

8. Contingency Measures

Section 172(c)(9) of the Act requires that contingency measures be

included in each moderate area PM10 nonattainment plan. These

measures must take effect without further action by the State or EPA

upon a

[[Page 27022]]

determination that the area has failed to make Reasonable Further

Progress (RFP) or attain the PM10 NAAQS by the applicable

statutory deadline, and should result in emission reductions

approximately equal to the emissions reductions necessary to

demonstrate RFP. See generally 57 FR 13510-13512 and 13543-13544. For a

moderate PM10 nonattainment area, such as Northern Ada County,

with a three to four year period between SIP development and the

attainment date, this would mean that contingency measures should

result in emission reductions equal to at least 25 percent of the

emission reductions in the total control strategy. 57 FR 13544. A State

may rely on ``over control'' as a contingency measure, that is, rely on

control measures that are part of the core control strategy in the SIP,

if such control measures result in emission reductions greater than

those required to achieve the 24-hour NAAQS standard of 150 g/

m3.

On July 13, 1995, IDEQ submitted contingency measures to EPA for

approval which were a combination of over control from the wood smoke

control measures and new controls on fugitive road dust. Modeling of

the core control measures in the SIP for the Northern Ada County

nonattainment area indicates a 17 g/m\3\ reduction in the 24-

hour standard (from 164 g/m\3\ to 147 g/m\3\). This

means that the core control measures in the SIP result in over control

of 18 percent (ratio of the difference between 147 g/m\3\ and

150 g/m\3\ to 17 g/m\3\). To obtain the additional 7

percent of emission reductions needed for 25 percent reduction of

emissions through contingency measures, the State has adopted a program

for the reduction of fugitive road dust. The State's submittal includes

a signed agreement between the Idaho Transportation Department, Ada

County Highway District, and IDEQ, which details a road sweeping

program designed to reduce particulate emissions by prioritizing road

sanding such that streets with the highest potential to emit PM10,

in the form of re-entrained dust, are swept first, and more frequently.

IDEQ retains the authority to review and approve any changes to the

plan. The State anticipates that this road dust program will result in

an additional 9 percent reduction in PM10 emissions. Together with

the 18 percent in emission reductions achieved through over control,

the State's contingency measures are predicted to result in more than

25 percent of the total reductions necessary for attainment. EPA

therefore approves the contingency measures submitted by the State on

July 13, 1995.

9. New Source Review

States with initial moderate PM10 nonattainment areas were

required to submit a permit program for the construction and operation

of new and modified stationary sources of PM10 by June 30, 1992.

See Section 189(a) of the Clean Air Act. This permit program element,

known as the New Source Review (NSR) program, was submitted by the

State of Idaho on May 17, 1994. EPA notified the State on June 10,

1994, that its NSR program submittal was complete. EPA is currently

reviewing Idaho's NSR program submittal to determine if the program

meets the requirements of the Act. EPA intends to take action on

Idaho's NSR program in another rulemaking after EPA has completed its

review.

III. This Action

EPA is granting full approval to the November 14, 1991, Northern

Ada County PM10 SIP, as supplemented by additional information

which IDEQ has submitted since that time. IDEQ has demonstrated that

the SIP meets the applicable requirements of the Act.

IV. 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 process 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).

Under Section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate; or to the private sector, of $100

million or more. Under Section 205, EPA must select the most cost-

effective and least burdensome alternative that achieves the objectives

of the rule and is consistent with statutory requirements. Section 203

requires EPA to establish a plan for informing and advising any small

governments that may be significantly or uniquely affected by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

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 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary Nichols, EPA Assistant

Administrator for Air and Radiation. The Office of Management and

Budget has exempted this regulatory action from Executive Order 12866

review.

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, EPA is proposing to approve the SIP revision

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

effective July 29, 1996

[[Page 27023]]

unless, by July 1, 1996 adverse or critical comments are received.

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

the effective date by publishing a subsequent document 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. 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 29, 1996.

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 29, 1996. 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, Intergovernmental relations, Particulate matter.

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: March 20, 1996.

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 adding paragraph (c)(31) to read as

follows:

Sec. 52.670 Identification of plan.

* * * * *

(c) * * *

(31) On November 14, 1991, and on December 30, 1994, the Idaho

Department of Health and Welfare (IDHW) submitted revisions to the

Idaho State Implementation Plan (SIP) for the Northern Ada County/Boise

Particulate (PM10) Air Quality Improvement Plan.

(i) Incorporation by reference.

(A) November 14, 1991, letter from the IDHW Administrator to the

EPA Region 10 Regional Administrator submitting a revision to the Idaho

SIP for the Northern Ada County/Boise Particulate Air Quality

Improvement Plan; The Northern Ada County Boise Particulate (PM10)

Air Quality Improvement Plan adopted on November 14, 1991.

(B) December 30, 1994, letter from the IDHW Administrator to the

EPA Region 10 Regional Administrator including a revision to the Idaho

SIP for the Northern Ada County/Boise PM10 Air Quality Improvement

Plan; Appendix C-1, Supplemental Control Strategy Documentation,

Northern Ada County/Boise PM10 Air Quality Improvement Plan,

adopted December 30, 1994, with the following attachments: Garden City

Ordinances #514 (May 14, 1987), #533 (January 10, 1989) and #624

(September 13, 1994); Meridian Ordinance #667 (August 16, 1994); Eagle

Ordinance #245 (April 26, 1994); Ada County Ordinance #254 (November 3,

1992); and Table Ordinance-1 (December 30, 1994).

[FR Doc. 96-12888 Filed 5-29-96; 8:45 am]

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