[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Proposed Rules]
[Pages 42772-42780]
[FR Doc No: 2017-19346]

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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.

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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:<PHONE_NUMBER>, email address<EMAIL_ADDRESS>
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-

hour PM2.5 standard from 65 micrograms per cubic meter
([micro]g/m\3\) to 35 [micro]g/m\3\, and retaining the annual
PM2.5 NAAQS at 15 [micro]g/m\3\ (71 FR 61144). Subsequently,
on December 14, 2012, the EPA revised the level of the health based
(primary) annual PM2.5 NAAQS to 12 [micro]g/m\3\. See 78 FR
3086 (January 15, 2013).\1\
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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 [micro]g/m\3\ and a 24-hour standard of 35 [mu]g/
m\3\.
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    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 so-called ``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.
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    \2\ Stephen 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.
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    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\
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    \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.
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     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 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 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 <IP_ADDRESS>.03 (incorporation by reference
of federal regulations), IDAPA <IP_ADDRESS>-228 (permit to construct
rules), IDAPA <IP_ADDRESS>0-410 (operating permit rules), IDAPA
<IP_ADDRESS>0-624 (control of open burning), IDAPA <IP_ADDRESS>5 (visible
emissions requirements and testing), IDAPA <IP_ADDRESS>5 (rules for
sulfur content of fuels), and IDAPA <IP_ADDRESS>0-461 (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

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 <IP_ADDRESS> ``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 <IP_ADDRESS> respectively. In
addition to NSR permitting regulations, Idaho's Tier II operating
permit regulations at IDAPA <IP_ADDRESS>0-410 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 <IP_ADDRESS>1.03 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 <IP_ADDRESS>0-624) and activities that generate visible
emissions (IDAPA <IP_ADDRESS>5). Idaho has also promulgated rules
addressing the sulfur content of fuels (IDAPA <IP_ADDRESS>5) and banking
of emissions (IDAPA <IP_ADDRESS>0-461). 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 <IP_ADDRESS>
and IDAPA <IP_ADDRESS>6.05 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.
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    \4\ Idaho Air Quality Monitoring Network Plan Approval Letter,
dated December 13, 2016.
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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 <IP_ADDRESS>-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

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

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).
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    \5\ 134 S.Ct. 2427 (2014).
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    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).
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    \6\ Coalition for Responsible Regulation v. EPA, Nos. 09-1322,
10-073, 10-1092, and 10-1167 (April 15, 2015).
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    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 previously-approved 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 <IP_ADDRESS> 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 SIP-approved 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 <IP_ADDRESS> provides an opportunity for
appropriate

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 SIP-
approved 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 <IP_ADDRESS> (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.
---------------------------------------------------------------------------

    \7\ Letter 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.
---------------------------------------------------------------------------

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 <IP_ADDRESS>, which includes source testing methods
and procedures for source testing and reporting to the Idaho DEQ; IDAPA
<IP_ADDRESS>, which outlines Idaho DEQ authority to require monitoring,
recordkeeping and periodic reporting related to source compliance;
IDAPA <IP_ADDRESS>, which provides Idaho DEQ authority to issue
information orders and orders to conduct source emissions monitoring,
recordkeeping, reporting and other requirements; IDAPA <IP_ADDRESS>,
which contains conditions for permits to construct; IDAPA <IP_ADDRESS>,
which contains procedures for issuing permits to construct, including
public processes; IDAPA <IP_ADDRESS>4, which contains procedures for
issuing Tier II operating permits, including public processes; IDAPA
<IP_ADDRESS>5, 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 <IP_ADDRESS> (conditions for permits to construct) and
<IP_ADDRESS>5 (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
<IP_ADDRESS> (procedures for issuing permits) for permits to construct
and <IP_ADDRESS>4 (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

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 <IP_ADDRESS>0-562).
    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 <IP_ADDRESS>0-562
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 <IP_ADDRESS>. The Idaho submittal
also refers to IDAPA <IP_ADDRESS>5 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 <IP_ADDRESS>, 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 <IP_ADDRESS> through 223,
including PSD requirements for sources in attainment and unclassifiable
areas.
    EPA analysis: The Idaho SIP includes specific provisions for
consulting with

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 <IP_ADDRESS> and
<IP_ADDRESS>4, 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 <IP_ADDRESS>.02 and IDAPA
<IP_ADDRESS>2.03 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 <IP_ADDRESS>.
    EPA analysis: We most recently approved IDAPA <IP_ADDRESS>
(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 <IP_ADDRESS>7-
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 <IP_ADDRESS>7-409 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

review, as specified at IDAPA <IP_ADDRESS>-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 <IP_ADDRESS>,
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 <IP_ADDRESS>3-574. Finally, the submittal references
the consultation and participation process outlined in 40 CFR 51.102,
incorporated by reference at IDAPA <IP_ADDRESS>.
    EPA analysis: The EPA most recently approved IDAPA <IP_ADDRESS>
(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
<IP_ADDRESS> and <IP_ADDRESS>4, 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