[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Proposed Rules]
[Pages 9884-9893]
[FR Doc No: 2021-03031]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 /
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R10-OAR-2020-0190; FRL-10014-37-Region 10]

Air Plan Approval; ID: Logan Utah-Idaho PM2.5 Redesignation to
Attainment and Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
redesignate the Idaho portion of the Logan, Utah-Idaho fine particulate
matter (PM2.5) nonattainment area (Logan UT-ID NAA) to
attainment for the 2006 PM2.5 National Ambient Air Quality
Standard (NAAQS). EPA is also proposing to approve a maintenance plan
for the area demonstrating continued compliance with the 2006
PM2.5 NAAQS through 2031, which the Idaho Department of
Environmental Quality (IDEQ) submitted along with the redesignation
request on September 13, 2019, for inclusion into the Idaho State
Implementation Plan (SIP). Additionally, EPA is proposing to approve
the 2031 motor vehicle emissions budgets included in Idaho's
maintenance plan for PM2.5, nitrogen oxides (NOX)
and volatile organic compounds (VOC). EPA is proposing this action
pursuant to the Clean Air Act (CAA or the Act).

DATES: Comments must be received on or before March 19, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2020-0190, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not electronically submit 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. 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: Adam Clark,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to EPA.

Table of Contents

I. Background
II. Requirements for Redesignation to Attainment
III. EPA's Analysis of Idaho's Submittal
    A. Attainment Determination
    B. Applicable Requirements Under Section 110 and Part D of the
CAA
    1. CAA Section 110 General SIP Requirements
    2. Part D of Title I Requirements
    3. Fully Approved SIP Under CAA Section 110(k)
    C. Improvement in Air Quality Due to Permanent and Enforceable
Measures
    D. Fully Approved Maintenance Plan
    1. Attainment Inventory
    2. Maintenance Demonstration
    3. Monitoring Network
    4. Verification of Continued Attainment
    5. Contingency Plan
    E. Requirements for Transportation Conformity and Motor Vehicle
Emissions Budgets (MVEBs)
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

    On October 17, 2006 (71 FR 61144), EPA revised the level of the 24-
hour PM2.5 NAAQS, lowering the primary and secondary
standards from the 1997 standard of 65 micrograms per cubic meter
([micro]g/m\3\) to 35 [micro]g/m\3\. On November 13, 2009, EPA
designated a portion of Franklin County, Idaho in addition to portions
of Cache County, Utah nonattainment for the 2006 24-hour
PM2.5 NAAQS (74 FR 58688). This cross-boundary nonattainment
area is referred to as the Logan, UT-ID PM2.5 NAA.
    The boundaries of the Logan, UT-ID PM2.5 NAA roughly
conform to the geographic boundaries of the Cache Valley. The Cache
Valley is an isolated, bowl-shaped valley measuring approximately 60
kilometers north to south and 20 kilometers east to west and almost
entirely surrounded by mountain ranges. The Wellsville Mountains lie to
the west, and on the east lie the Bear River Mountains; both are
northern branches of the Wasatch Range. This topography can act as a
barrier to air movement in the Cache Valley during temperature
inversions, which occur in the winter months and are often the cause of
elevated concentrations of fine particulates. Additional information
pertaining to the unique issues associated with the Logan, UT-ID
PM2.5 NAA and studies completed on inversions can be found
in the docket for Utah and Idaho in the November 13, 2009, final
designations action for the 2006 24-Hour PM2.5 NAAQS (74 FR
58688).
    The nonattainment designation of the Logan UT-ID PM2.5
NAA required Idaho to prepare and submit an attainment plan to meet
statutory and regulatory requirements in the Idaho portion of the
Logan, UT-ID PM2.5 NAA.\1\ IDEQ submitted this attainment
plan to EPA on December 14, 2012, and supplemented the attainment plan
on December 24, 2014. The attainment plan addressed specific required
elements, including but not limited to the following elements:
Emissions inventory, Reasonably Available Control Measures/Technology
(RACM/RACT), attainment demonstration, contingency measures, and Motor
Vehicle Emissions Budgets (MVEBs). EPA approved the baseline emissions
inventory on July 18, 2014 (79 FR 41904) and the control measures on
March 25, 2014 (79 FR 16201). EPA approved the control measures in the
attainment plan as meeting RACM/RACT and disapproved contingency
measures on January 4, 2017 (82 FR 729). EPA approved the attainment
demonstration on August 8,

2017 (82 FR 37025). We also approved a separate, March 20, 2018, Idaho
SIP revision as meeting applicable part D nonattainment new source
review (NSR) requirements on August 20, 2018 (83 FR 42033).\2\ Most
recently, we approved the attainment plan as meeting the Reasonable
Further Progress (RFP), Quantitative Milestone (QM), and MVEB
requirements on February 20, 2020 (85 FR 9664).
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    \1\ See part D of title I of the Clean Air Act and EPA's Fine
Particulate Matter National Ambient Air Quality Standards: State
Implementation Plan Requirements (72 FR 20586, April 25, 2007).
    \2\ Idaho's submission incorporated by reference EPA's August
24, 2016 (81 FR 58010) rule changes to 40 CFR 51.165 promulgated
under CAA subpart 4, part D.
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    On September 8, 2017 (82 FR 42447), EPA granted two, one-year
extensions, under CAA section 188(d), to the December 31, 2015 Moderate
attainment date for the 2006 24-hour PM2.5 Logan, UT-ID NAA.
On October 19, 2018, EPA finalized a determination that the Logan, UT-
ID PM2.5 NAA had attained the 2006 primary and secondary 24-
hour PM2.5 NAAQS (``Determination of Attainment'') by the
December 31, 2017, attainment date (83 FR 52983). Additionally, EPA
finalized a determination that the obligation to submit any remaining
attainment-related SIP revisions arising from classification of the
Logan, UT-ID NAA as Moderate under subpart 4 of part D (of title I of
the Act) for the 2006 24-hour PM2.5 NAAQS are not applicable
for so long as the area continues to attain the 2006 24-hour
PM2.5 NAAQS. See 40 CFR 51.1015(a) (known as a ``Clean Data
Determination'' or ``CDD'').

II. Requirements for Redesignation to Attainment

    The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA, 42
U.S.C. 7407(d)(3)(E), allows for redesignation provided that: (1) EPA
determines that the area has attained the applicable NAAQS; (2) EPA has
fully approved the applicable implementation plan for the area under
section 110(k) of the CAA; (3) EPA determines that the improvement in
air quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable SIP and applicable
federal air pollutant control regulations and other permanent and
enforceable reductions; (4) EPA has fully approved a maintenance plan
for the area as meeting the requirements of section 175A of the CAA;
and (5) the state containing such area has met all requirements
applicable to the area under section 110 and part D of the CAA. In this
proposed action, EPA will review CAA section 107(d)(3)(E) requirements
(2) and (5) together as part of our evaluation of Idaho's redesignation
request.
    EPA has provided guidance on redesignation in the ``General
Preamble,'' \3\ and has provided further guidance on processing
redesignation requests in the following documents: (1) ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992 (hereafter the ``Calcagni Memo''); (2) ``State
Implementation Plan (SIP) Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,'' Memorandum from John Calcagni, Director, Air
Quality Management Division, October 28, 1992; and (3) ``Part D New
Source Review (Part D NSR) Requirements for Areas Requesting
Redesignation to Attainment,'' Memorandum from Mary D. Nichols,
Assistant Administrator for Air and Radiation, October 14, 1994. These
documents are included in the Docket for this proposed action.
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    \3\ See ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498, April 16, 1992.
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III. EPA's Analysis of Idaho's Submittal

    EPA is proposing to redesignate the Franklin County, ID portion of
the Logan UT-ID NAA to attainment for the 2006 24-hour PM2.5
NAAQS and proposing to approve into the Idaho SIP the associated
maintenance plan. EPA's proposed approval of the redesignation request
and maintenance plan is based upon EPA's determination that the area
continues to attain the 2006 24-hour PM2.5 NAAQS and that
all other redesignation criteria have been met for the area. The
following is a description of how Idaho's September 13, 2019, submittal
satisfies the requirements of section 107(d)(3)(E) of the CAA for the
2006 24-hour PM2.5 standard.

A. Attainment Determination

    To redesignate an area from nonattainment to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). Whether an area has attained the
2006 24-hour PM2.5 NAAQS is based upon measured air quality
levels at each eligible monitoring site with a complete three-year
period to produce a design value equal to or below 35 [micro]g/m\3\.
See 40 CFR part 50 and 40 CFR part 50, appendix N. A state must
demonstrate that an area has attained the 2006 24-hour PM2.5
NAAQS through submittal of ambient air quality data from an ambient air
monitoring network representing maximum PM2.5
concentrations. The data must be quality assured, quality-controlled
and certified in the EPA's Air Quality System (AQS) and it must show
that the three-year average of valid PM2.5 98th percentile
mass concentrations is equal to or below the 2006 24-hour
PM2.5 NAAQS (35 [micro]g/m\3\), pursuant to 40 CFR 50.13. In
making this showing, three consecutive years of complete air quality
data must be used.
    As noted, on October 19, 2018, EPA finalized a Determination of
Attainment for the Logan, UT-ID PM2.5 NAA based upon
quality-assured and certified ambient air quality monitoring data for
the period of 2015-2017 (83 FR 52983). The monitoring data used as the
basis for the Determination of Attainment under CAA section 188(b)(2)
is provided in Table 1 of this document.
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    \4\ See 83 FR 52983, October 19, 2018.

                            Table 1--Logan UT-ID Area Design Values From 2018 CDD \4\
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                                                       98th percentile value ([micro]g/m\3\)
             Monitor                AQS site ID  ------------------------------------------------    2015-2017
                                                       2015            2016            2017        design value
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Smithfield, UT..................       490050007        \a\ 28.9            34.0            36.0          \a\ 33
Franklin, ID....................       160410001            18.8            33.3        \b\ 38.3          \b\ 30
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\a\ This value combines monitor data from the Logan, UT and Smithfield, UT monitors. EPA concurred on
  exceptional events in the October 19, 2018 (83 FR 52983) action and the specified data was excluded.
\b\ This value includes 1-in-3 day monitoring frequency from January 1-August 9, 2017, and daily monitoring
  frequency from August 10-December 31, 2017.

    EPA has also reviewed the subsequent PM2.5 ambient air
monitoring data in the Logan UT-ID area for the monitoring design value
\5\ periods of 2016-2018 and 2017-2019. Consistent with the
requirements at 40 CFR part 50, Idaho quality assured, quality-
controlled and certified this ambient air monitoring data in the EPA's
Air Quality System (AQS). This air quality data demonstrates that the
Logan UT-ID area continues to attain the 2006 24-hour PM2.5
NAAQS. For the 2016-2018 three-year period, the Smithfield monitor
recorded a design value of 33 [micro]g/m\3\.\6\ The area's 24-hour
PM2.5 design values for the 2017-2019 three-year period are
provided in Table 2 of this document.
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    \5\ As defined in 40 CFR part 50, Appendix N, section (1)(c).
    \6\ See https://www.epa.gov/air-trends/air-quality-design-values#report.
    \7\ The Preston monitor does not have a valid design value for
the 2017-2019 three-year period because of an incomplete 2017
quarter 1 which cannot be substituted with quarter 1 data at the
same monitor in 2018 or 2019 per 40 CFR part 50, Appendix N, section
4.2(c)(i) because it has below 50% complete data for that quarter.

                              Table 2--Logan UT-ID Current PM2.5 Design Values \7\
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                                                       98th percentile value ([micro]g/m\3\)       Design value
             Monitor                AQS site ID  ------------------------------------------------     (3-year
                                                       2017            2018            2019          average)
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Smithfield, UT..................       490050007            36.0            27.9            35.1              33
Preston, ID.....................       160410002        \a\ 17.3            27.2            30.1          \b\ NA
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\a\ The Preston monitor operated at a 1-in-3 day monitoring frequency throughout 2017 and did not begin
  operation until February 24, 2017, making the first quarter incomplete for this monitor with less than 50% of
  data reported.
\b\ Due to the incomplete first quarter in 2017, this design value does not meet validity requirements per 40
  CFR part 50, Appendix N, section 4.2(c)(i).

    As Table 2 indicates, the Logan UT-ID PM2.5 NAA has
continued to attain the 2006 24-hour PM2.5 NAAQS since EPA
issued its October 19, 2018, Determination of Attainment for the area
based on the 2015-2017 design values shown in Table 1 of this document.
We note that the Preston, ID monitor did not produce a valid design
value for the 2017-2019 period because the monitor did not begin
operation until February 24, 2017, thus producing an incomplete first
quarter for that monitoring year. Despite this, EPA finds that it is
appropriate to conclude that the area has continued to attain the NAAQS
since the initial 2015-2017 period upon which we based our October 19,
2018, Determination of Attainment, based on uninterrupted attainment at
the Smithfield, UT monitor. A review of concurrent monitoring data for
the Smithfield and Preston monitors provided in Table 2 of this
document, and discussed in more detail in our Technical Support
Document (TSD) \8\ included in the docket for this proposed action,
shows that the Smithfield site typically records higher levels of
PM2.5 than the Preston site, indicating that Smithfield's
location is more suitable to demonstrate maximum PM2.5
concentrations in the Cache Valley. On September 1, 2020, Utah and
Idaho completed a memorandum of understanding (MOU) to collectively
meet the monitoring requirements of 40 CFR part 58, Appendix D in the
Logan UT-ID metropolitan statistical area (MSA), allowing Idaho to rely
on the Smithfield monitor in Utah as the highest concentration monitor
in the MSA. As shown, the Smithfield monitor has attained the 2006 24-
hour PM2.5 NAAQS for the 2015-2017, 2016-2018 and 2017-2019
design value periods. The MOU is included in the docket for this
proposed action. The TSD also demonstrates that it is very unlikely
that the Preston monitor's first complete valid design value for the
2018-2020 period could exceed the 2006 PM2.5 NAAQS based on
a review of all available data recorded at this monitor.
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    \8\ Please see ``EPA R10 Ambient Monitoring TSD'' in the docket
for this proposed action (EPA-R10-OAR-2020-0190) on
www.regulations.gov.
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    EPA's review of the monitoring data for 2016-2018 and 2017-2019
supports the previous determination that the area has attained the 2006
24-hour PM2.5 NAAQS and demonstrates that the area continues
to attain the standard. As discussed further in Section III.D of this
document, Idaho has committed to continue monitoring ambient
PM2.5 concentrations in accordance with 40 CFR part 58.
Thus, EPA is proposing to determine that the Logan UT-ID
PM2.5 NAA attained the 2006 24-hour PM2.5 NAAQS.

B. Applicable Requirements Under Section 110 and Part D of the CAA

    Section 107(d)(3)(E)(ii) and (v) of the CAA states that for an area
to be redesignated to attainment, it must be determined that the
Administrator has fully approved the applicable implementation plan for
the area under CAA section 110(k) and all the requirements applicable
to the Area under section 110 of the CAA (general SIP requirements) and
part D of Title I of the CAA (SIP requirements for nonattainment areas)
must be met.
1. CAA Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in CAA section
110(a)(2) include, but are not limited to the following:
     Submittal of a SIP that has been adopted by the state
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for
the implementation of Part C requirements (PSD);
     Provisions for the implementation of Part D requirements
for NSR permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in
planning and emission control rule development.
    CAA section 110(a)(2)(D) requires that SIPs contain certain
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. However, CAA section
110(a)(2)(D) requirements for a state are not linked with a particular
nonattainment area's designation and classification in that state. EPA
believes that the requirements linked with a

particular nonattainment area's designation and classifications are the
relevant measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, EPA does not believe that these requirements
are applicable requirements for purposes of redesignation.
    In addition, EPA believes that the other CAA section 110(a)(2)
elements not connected with nonattainment plan submissions and not
linked with an area's attainment status are not applicable requirements
for purposes of redesignation because the area will still be subject to
these requirements after it is redesignated. EPA concludes that the CAA
section 110(a)(2) and part D requirements which are linked with a
particular area's designation and classification are the relevant
measures to evaluate in reviewing a redesignation request, and that CAA
section 110(a)(2) elements not linked to the area's nonattainment
status are not applicable for purposes of redesignation. This approach
is consistent with EPA's existing policy on applicability of conformity
(i.e., for redesignations) and oxygenated fuels requirement. See
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174,
October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Lorain,
Ohio final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida,
final rulemaking (60 FR 62748, December 7, 1995). See also, the
discussion on this issue in the Cincinnati, Ohio redesignation (65 FR
at 37890, June 19, 2000), and in the Pittsburgh-Beaver Valley,
Pennsylvania redesignation (66 FR at 53099, October 19, 2001).
    EPA has reviewed the Idaho SIP and has concluded that it meets the
general SIP requirements under Section 110(a)(2) of the CAA to the
extent they are applicable for the purposes of redesignation. EPA has
previously approved provisions of Idaho's SIP as demonstrating
compliance with the CAA section 110(a)(2) requirements for the 2006
PM2.5 NAAQS (79 FR 40662, July 14, 2014). These requirements
are, however, statewide requirements that are not linked to the
PM2.5 nonattainment status of the Logan, UT-ID NAA.
Therefore, EPA believes that these SIP elements are not applicable
requirements for purposes of review of this proposed redesignation.
2. Part D of Title I Requirements
    Part D of Title I of the CAA sets forth the basic nonattainment
plan requirements applicable to all nonattainment areas at subpart 1
(CAA sections 172-176) and requirements specific to PM10 and
PM2.5 areas at subpart 4 (CAA section 189). On August 24,
2016, EPA promulgated the Fine Particulate Matter National Ambient Air
Quality Standards; State Implementation Plan Requirements rule.\9\ This
rule implements the requirements of Part D of Title I of the CAA for
areas designated nonattainment for any PM2.5 NAAQS.
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    \9\ 81 FR 58010, August 24, 2016. Codified at 40 CFR part 51,
subpart Z.
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    In accordance with 40 CFR 51.1015, upon a determination by EPA that
a Moderate PM2.5 nonattainment area has attained the
PM2.5 NAAQS, the requirements for the state to submit an
attainment demonstration, provisions demonstrating that RACM (including
RACT for stationary sources) shall be implemented no later than 4 years
following the date of designation of the area, RFP plan, QMs and QM
reports, and contingency measures for the area shall be suspended until
such time as: (1) The area is redesignated to attainment, after which
such requirements are permanently discharged; or, (2) EPA determines
that the area has re-violated the PM2.5 NAAQS.
    Those states containing Moderate PM2.5 NAAs were
required to submit a SIP by December 31, 2014, which demonstrated
attainment of the PM2.5 NAAQS by December 31, 2015.\10\
Pursuant to CAA section 188(d) and 40 CFR 51.1005(a), on September 8,
2017, EPA extended the attainment date for the Logan UT-ID NAA from
December 31, 2015 to December 31, 2017 (82 FR 42447). As stated in the
``Background'' section, EPA has approved several attainment plan
elements for the Idaho portion of the Logan UT-ID area. Specifically,
EPA approved the following elements of Idaho's attainment plan:
Baseline emissions inventory (July 18, 2014, 79 FR 41904); control
measures (March 25, 2014, 79 FR 16201); RACM/RACT (January 4, 2017, 82
FR 729); attainment demonstration (August 8, 2017, 82 FR 37025);
nonattainment NSR (August 20, 2018, 83 FR 42033), and RFP, QM and MVEB
(February 20, 2020, 85 FR 9664).
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    \10\ See Section 188(c)(1) of the CAA, 42 U.S.C. 7513(c)(1), 40
CFR 51.1004(a)(1). See also Identification of Nonattainment
Classification and Deadlines for Submission of State Implementation
Plan (SIP) Provisions for the 1997 Fine Particle (PM2.5)
National Ambient Air Quality Standard (NAAQS) and 2006
PM2.5 NAAQS (June 2, 2014), 79 FR 31566, 31567-68.
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    Pursuant to 40 CFR 51.1015(a), on October 19, 2018, EPA completed a
CDD for the Logan, UT-ID Moderate PM2.5 NAA. (83 FR 52983).
The CDD suspended the obligation for Idaho to make submissions to meet
certain CAA requirements related to attainment of the NAAQS, including
the CAA section 172(c)(9) requirement to adopt contingency measures.
    Determinations of attainment do not relieve states from submitting
and EPA from approving certain Part D planning requirements for the
2006 PM2.5 NAAQS. CAA section 172(c)(3) requires submission
and approval of a comprehensive, accurate and current inventory of
actual emissions. For purposes of the PM2.5 NAAQS, this
emissions inventory should address not only direct emissions of
PM2.5, but also emissions of all precursors to
PM2.5 formation, i.e., SO2, NOX, VOC,
and ammonia. As previously discussed, EPA determined that Idaho met the
CAA section 172(c)(3) comprehensive emissions inventory requirement in
a final rulemaking on July 18, 2014 (79 FR 41904).
    CAA section 172(c)(4) requires the identification and
quantification of allowable emissions for major new and modified
stationary sources in an area, and CAA section 172(c)(5) and requires
source permits for the construction and operation of new and modified
major stationary sources anywhere in the nonattainment area. EPA first
approved the requirements of the part D NSR permit program for Idaho
under subpart 1 on November 26, 2010 (75 FR 72719). Subsequently, on
March 20, 2018, Idaho submitted rule revisions to meet additional part
D NSR requirements promulgated by the EPA under subpart 4 (81 FR 58010,
August 24, 2016). We approved Idaho's submission on August 20, 2018 (83
FR 42033).
    Once the Logan, UT-ID PM2.5 NAA is redesignated to
attainment, the prevention of significant deterioration (PSD)
requirements of part C of the Act will apply. Idaho's PSD regulations
are codified in the Idaho Administrative Procedures Act (IDAPA) at
<IP_ADDRESS>-228 (permit to construct) and governed by IDAPA
<IP_ADDRESS> (permit requirements for new major facilities or major
modifications in attainment or unclassifiable areas). We most recently
approved revisions to Idaho's PSD program on August 20, 2018 (83 FR
42033), May 12, 2017 (82 FR 22083) and August 12, 2016 (81 FR 53290).
EPA finds that Idaho's PSD provisions meet all applicable Federal
requirements for any area designated unclassifiable or attainment, and
these provisions will become fully effective in the Idaho portion of
the Logan, UT-ID

PM2.5 NAA upon redesignation of the area to attainment.
    CAA section 172(c)(7) requires the SIP to meet the applicable
provisions of CAA section 110(a)(2). As noted above, we find that the
Idaho SIP meets the CAA section 110(a)(2) applicable requirements for
purposes of redesignation.
    For purposes of redesignation to attainment for the 2006 24-hour
PM2.5 NAAQS, EPA proposes to find that Idaho has met all the
applicable SIP requirements under part D of Title I of the CAA.
3. Fully Approved SIP Under CAA Section 110(k)
    As discussed in Sections III.B.1 and III.B.2 of this document, for
purposes of redesignation to attainment for the 2006 24-hour
PM2.5 NAAQS, EPA has fully approved all applicable
requirements of Idaho's SIP for the Idaho portion of the Logan UT-ID
area in accordance with CAA section 110(k). Therefore, EPA has fully
approved all applicable requirements of the applicable implementation
plan in accordance with CAA section 110(k).

C. Improvement in Air Quality Due to Permanent and Enforceable Measures

    CAA section 107(d)(3)(E)(iii) of the CAA provides that for an area
to be redesignated to attainment, the Administrator must determine that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
implementation plan, implementation of applicable Federal air pollutant
control regulations, and other permanent and enforceable reductions.
    On December 14, 2012, IDEQ submitted an attainment plan that
addressed attainment planning requirements for the Idaho portion of the
Logan UT-ID PM2.5 NAA. On December 24, 2014, the IDEQ
submitted a supplement to the 2012 attainment plan that included
additional analysis. Idaho's December 14, 2012, attainment plan
submittal included residential wood combustion (RWC) ordinances, road-
sanding agreements, and a wood stove change-out program to reduce
emissions of PM2.5 in the Idaho portion of the Logan UT-ID
PM2.5 NAA. Each of these programs is discussed in detail
within this section. EPA approved the RWC ordinances and road sanding
agreements into the Idaho SIP on March 25, 2014 (79 FR 16201), making
them federally enforceable. EPA approved Idaho's evaluation of, and
imposition of, RACM and RACT level controls on appropriate sources on
January 4, 2017 (82 FR 729). This approval included approving the RWC
ordinances and wood stove change-out program as meeting the RACM
requirement.
    The RWC ordinances approved as RACM on January 4, 2017, apply
within Franklin County and all six Idaho cities on the Idaho side of
the Logan UT-ID PM2.5 NAA (Franklin, Preston, Weston,
Dayton, Clifton, and Oxford). EPA determined in its approvals that
these RWC ordinances achieved permanent and enforceable emissions
reductions. Key elements in the current RWC ordinances include
mandatory burn bans issued when PM2.5 has reached or is
forecasted to reach 75 on the Air Quality Index (AQI), which
corresponds to a PM2.5 concentration of 23.3 [mu]g/m\3\ and
aligns with the RWC ordinances applicable within Cache County on the
Utah side of the Logan UT-ID PM2.5 NAA. All RWC ordinances
effective in Franklin County prohibit both open burning and the use of
specified devices when an air quality alert is issued. The ordinances
also prohibit the installation of non-EPA-certified devices. Each of
the adopted ordinances bans open burning of any kind during burn ban
days, bans the sale or installation of non-EPA certified devices in new
or existing buildings, and prohibits the construction of any building
for which a solid fuel burning device is the sole source of heat. In
its December 14, 2012, attainment plan submittal, Idaho estimated that
maximum reductions for this measure are 0.06 tons per day (tpd) direct
PM2.5, 0.009 tpd nitrogen oxides (NOX), and 0.078
tpd volatile organic compounds (VOC).
    In our March 25, 2014 action, EPA also approved road sanding
agreements between IDEQ, Franklin County Road and Bridge, and the Idaho
Transportation Department (IDT) to reduce the contribution of primary
PM2.5 from reentrained dust on paved roads. According to
records submitted to Idaho and summarized in the submission, IDT used
salt in 2014 (409 tons), 2015 (340 tons), and 2016 (109 tons) and did
not use sand. Franklin County Road and Bridge historically used a 10:1
ratio of sand and salt; however, in the Idaho attainment plan, Franklin
County committed to use a 4:1 ratio of sand and salt when anti-skid
treatment is required. Franklin County also agreed to apply brine when
temperatures are above 22 [deg]F, a measure that further reduces the
amount of sand required by approximately 50%. The City of Preston now
uses a 2:1 ratio of sand and salt at an average of 700 tons total per
year. In its SIP, IDEQ estimates that these road sanding commitments
would lead to 0.10 tpd reduction in direct PM2.5 annually.
    Finally, in its attainment plan, IDEQ quantified the emission
reduction benefits from three woodstove change-out programs on the
Idaho side of the Logan UT-ID area. These programs were conducted in
2006-2007, 2011-2012, and 2013-2014. Accordingly, Idaho demonstrated in
the submission that a total of 209 uncertified RWC devices have been
changed-out since 2006. In addition, 39 stoves were removed and
destroyed through Idaho's Alternative Energy Device tax deduction
program. In total, 256 wood stoves have been changed out on the Idaho
side of the Logan UT-ID NAA since 2006. As described in the
supplemental 2014 attainment plan SIP submittal (applying the
appropriate temporal profile to convert to tons per day), Idaho stated
these change-outs have led to permanent reductions of 0.05 tpd direct
PM2.5, 0.003 tpd NOX, and 0.13 tpd VOC.\11\ These
woodstove change-out programs achieved permanent and enforceable
emissions reductions because the RWC ordinances banned the sale or
installation of non-EPA certified devices in new or existing buildings
in Franklin County jurisdictions.
---------------------------------------------------------------------------

    \11\ 2014 attainment plan SIP submittal, Section 4.1.
---------------------------------------------------------------------------

    IDEQ also noted that Utah adopted permanent and enforceable control
measures into its SIP that have reduced PM2.5 and precursor
emissions and led to the improvement in air quality in the Logan UT-ID
PM2.5 NAA. IDEQ specifically referenced area source rules
(2015 reductions of 122 lbs/day NOX, 679 lbs/day
PM2.5, 3,665 lbs/day VOC) and a vehicle and inspection and
maintenance program (2015 reductions of 0.214 tons/day for
NOX and 0.212 tons/day for VOC) in the Utah portion of the
Logan UT-ID NAA.\12\ IDEQ also referenced Federal measures, including
the ``Tier 3 Motor Vehicle Emission and Fuel Standards Rule'' (79 FR
23414), as permanent and enforceable reductions leading to improvement
in air quality, and ultimately to attainment, in the Logan UT-ID
PM2.5 NAA.
---------------------------------------------------------------------------

    \12\ See Idaho's September 13, 2019 submittal at Section 5.2.
---------------------------------------------------------------------------

    Based on the foregoing evaluation of these control measures, EPA
proposes to determine that the improvement in air quality is reasonably
attributable to permanent and enforceable reductions in emissions
resulting from implementation of the applicable implementation plan,
implementation of applicable Federal air pollutant control regulations,
and other permanent and enforceable reductions.

D. Fully Approved Maintenance Plan

    CAA section 107(d)(3)(E)(iv) requires that, for a NAA to be
redesignated to attainment, EPA must fully approve a maintenance plan
which meets the requirements of CAA section 175A. The plan must
demonstrate continued attainment of the relevant NAAQS in the area for
at least 10 years after our approval of the redesignation. Eight years
after our approval of a redesignation, the State must submit a revised
maintenance plan demonstrating attainment for the 10 years following
the initial 10-year period. The maintenance plan must also contain a
contingency plan to ensure prompt correction of any violation of the
NAAQS. See CAA sections 175A(b) and (d). The Calcagni Memo provides
additional guidance on the content of a maintenance plan, stating that
a maintenance plan should include the following elements: (1) An
attainment emissions inventory; (2) a maintenance demonstration showing
attainment for 10 years following redesignation; (3) a commitment to
maintain the existing monitoring network; (4) verification of continued
attainment; and (5) a contingency plan to prevent or correct future
violations of the NAAQS. The following paragraphs describe how each of
these elements is addressed in Idaho's maintenance plan.
1. Attainment Inventory
    As discussed in the General Preamble (see 57 FR 13498, April 16,
1992) and the Calcagni Memo, PM2.5 maintenance plans should
include an attainment emission inventory to identify the level of
emissions in the area which is sufficient to maintain the NAAQS.
    The maintenance plan attainment year inventory should include the
emissions during the time period associated with the monitoring data
showing attainment.\13\ For the Logan, UT-ID PM2.5 NAA, IDEQ
determined attainment using air quality data from 2015, 2016, and 2017,
the design value period relied upon for the EPA's Determination of
Attainment (83 FR 52983, October 19, 2018). The State therefore used
2017 to calculate its base year attainment inventory, which aligned
with the 2017 National Emissions Inventory (NEI) data available for
point, area, on-road mobile, and nonroad mobile sources. IDEQ then
projected the 2017 base year inventory to both a ``horizon year'' (a
future year at least 10 years from the approval date of the maintenance
plan) of 2031 and an interim year of 2026.
---------------------------------------------------------------------------

    \13\ See Calcagni Memo at 8.
---------------------------------------------------------------------------

    The NEI is compiled at the county level, so the State first
calculated the 2017 emissions inventories for Franklin County, and then
apportioned these county-wide inventories to the portion of Franklin
County included in the Logan, UT-ID NAA.\14\ IDEQ projected mobile
source emissions using the latest version of EPA's Motor Vehicle
Emissions Simulator (MOVES) model (MOVES2014b). IDEQ used apportioned
2017 NEI data for the on-road mobile source emissions, and used
MOVES2014b model defaults for the nonroad portion of the model, because
the State has not yet developed input files for that version of the
model.\15\ To best represent emissions that occur on days when the
ambient concentrations of PM2.5 are of concern, the MOVES
meteorological inputs were based on an average episodic day
representing conditions present during wintertime stagnation events
leading to high levels of ambient PM2.5 in the Logan UT-ID
PM2.5 NAA.\16\ IDEQ ran MOVES2014b to calculate on-road and
nonroad mobile source emissions on an average episodic winter day for
Franklin County for January 2017, 2026 and 2031. Area source emissions
were apportioned from 2017 NEI data for individual categories, which
were projected for the 2026 and 2031 inventories based on an average
annual growth rate. No point sources were listed in the base year or
projected future inventories. More detailed descriptions of the 2017
base year inventory and the 2026 and 2031 projected inventories can be
found in section 4 and Appendix A of Idaho's September 13, 2019
submittal, in the docket for this action.
---------------------------------------------------------------------------

    \14\ See Appendix A of Idaho's September 13, 2019 submittal for
the apportionment methodology.
    \15\ With the exception of paved road dust emissions, which IDEQ
calculated using AP-42 guidance.
    \16\ An episodic day was defined as any day from November
through March during which the daily average PM2.5
concentration in Franklin County was above 35 [mu]g/m3. A total of
62 days were identified that met these criteria at the Logan-Cache
Airport weather station from 2013 through 2017. The hourly
meteorological data from these 62 days were then averaged to create
the final average episodic day inputs.
---------------------------------------------------------------------------

    For each of these source categories, the pollutants that were
inventoried include: PM2.5, sulfur dioxide (SO2),
NOX, VOC, and ammonia (NH3). Summary of emission
figures from 2017 base year and the projected inventories are provided
in Table 3 of this document.

               Table 3--Idaho Portion of the Logan, UT-ID PM2.5 NAA; Actual Emissions From 2017 and Projected Emissions for 2026 and 2031
                                                        [Pounds per average episodic winter day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               PM2.5        PM2.5
                   Year                            Source category          condensable   filterable      NOX          SO2          VOC          NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017......................................  Area.........................          9.72        208.8        338.8         28.3      1,626.5        868.6
2017......................................  Mobile.......................  ............        127.3        957.7          1.9        901.2         13.8
2017......................................  Nonroad......................  ............         42.5        286.6          0.8      1,189.1          0.7
                                                                          ------------------------------------------------------------------------------
2017......................................     Total.....................          9.72        378.5        1,583           31      3,716.8        883.1
2026......................................  Area.........................          9.88        222.4        363.5         28.6      2,061.1        872.1
2026......................................  Mobile.......................  ............        109.4        421.8          2.0        533.1         12.5
2026......................................  Nonroad......................  ............         31.2        302.8          0.8        776.4          0.7
                                                                          ------------------------------------------------------------------------------
2026......................................     Total.....................          9.88          363       1088.1         31.4      3,370.6        885.3
2031......................................  Area.........................          9.97          230        377.2         28.8      2,302.6          874
2031......................................  Mobile.......................  ............        110.5        297.3            2        396.3         13.2
2031......................................  Nonroad......................  ............         29.8        306.7          0.8        732.5          0.7
                                                                          ------------------------------------------------------------------------------
2031......................................     Total.....................          9.97        370.4        981.2         31.6      3,431.4        887.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Projected change (%)..................  .............................           2.5         -2.2          -38            2        -7.70          0.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Following our review, we have determined that IDEQ prepared an
adequate attainment inventory for the Idaho portion of the Logan, UT-ID
PM2.5 NAA.
    In the September 13, 2019 submission, Idaho also provided inventory
information for the Utah portion of the Logan, UT-ID NAA. Idaho derived
this inventory from the Utah Division of Air Quality (Utah DAQ), which
performed a photochemical grid modeling analysis using the
``Comprehensive Air Quality Model with Extensions'' (v. 6.3, http://www.camx.com/) modeling system for the nonattainment area for Utah's
attainment, interim, and projected years. Utah used linear projections
to estimate future years to 2035. Utah DAQ's modeling domain included
all three of the nonattainment areas in UT and extended into southern
Idaho to include the Idaho portion of the Logan UT-ID PM2.5
NAA. The methodology for the mobile, nonroad and area source emissions
inventories can be found in the Utah DAQ PM2.5 Emissions
Inventory Preparation Plan (Utah DAQ 2019), in the docket for this
action. IDEQ interpolated the Utah DAQ projections to 2031 using the
average annual growth rate for area, mobile, and nonroad sources to
match the 2031 horizon year for Idaho's redesignation request. The
actual and projected emissions in the Utah portion of the Logan UT-ID
PM2.5 NAA are provided in Table 4 of this document. Table 5
of this document provides Idaho's projected emissions inventories for
the entire Logan UT-ID PM2.5 NAA, which is the combination
of the values in Tables 3 and 4 of this document.

                Table 4--Utah Portion of the Logan, UT-ID PM2.5 NAA; Actual Emissions From 2017 and Projected Emissions for 2026 and 2031
                                                        [Pounds per average episodic winter day].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               PM2.5        PM2.5
                   Year                            Source category          condensable   filterable      NOX          SO2          VOC          NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017......................................  Area.........................          1.83     1,198.17        1,840           60        7,600       26,960
2017......................................  Mobile.......................  ............          460        7,520           40        4,920          200
2017......................................  Nonroad......................  ............          200        1,580  ...........        4,380  ...........
                                                                          ------------------------------------------------------------------------------
2017......................................     Total.....................          1.83     1,858.17       10,940          100       16,900       27,160
2026......................................  Area.........................          2.09     1,277.91        1,400           60        7,760       26,540
2026......................................  Mobile.......................  ............          260        3,040           20        2,780          180
2026......................................  Nonroad......................  ............          120        1,180  ...........        2,540  ...........
                                                                          ------------------------------------------------------------------------------
2026......................................     Total.....................          2.09     1,657.91        5,620           80       13,080       26,720
2031......................................  Area.........................          2.29     1,311.04     1,411.11           60     8,215.56    26,362.22
2031......................................  Mobile.......................  ............       326.67     3,306.67           20     3,357.78       191.11
2031......................................  Nonroad......................  ............       108.89     1,157.78  ...........     2,284.44  ...........
                                                                          ------------------------------------------------------------------------------
2031......................................     Total.....................          2.29      1,746.6     5,875.56           80    13,857.78    26,553.33
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Projected change (%)..................  .............................          25.2         -6.0        -46.3          -20        -18.0        -0.02
--------------------------------------------------------------------------------------------------------------------------------------------------------

                      Table 5--Entire Logan, UT-ID PM2.5 NAA; Actual Emissions From 2017 and Projected Emissions for 2026 and 2031
                                                                 [Pounds per winter day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               PM2.5        PM2.5
                   Year                            Source category          condensable   filterable      NOX          SO2          VOC          NH3
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017......................................  Area.........................         11.55     1,406.94     2,178.76        88.27     9,226.45    27,828.63
2017......................................  Mobile.......................  ............        587.3      8,477.7        41.94     5,821.24       213.76
2017......................................  Nonroad......................  ............       242.48     1,866.57         0.76     5,569.08         0.66
                                                                          ------------------------------------------------------------------------------
2017......................................     Total.....................         11.55     2,236.72    12,523.03       130.97    20,616.77    28,043.05
2026......................................  Area.........................         11.98     1,500.33     1,763.48        88.58     9,821.12    27,412.08
2026......................................  Mobile.......................  ............       369.36     3,461.84           22     3,313.12       192.55
2026......................................  Nonroad......................  ............       151.19     1,482.79         0.77      3,316.4         0.66
                                                                          ------------------------------------------------------------------------------
2026......................................     Total.....................         11.98     2,020.88     6,708.11       111.35    16,450.64    27,605.29
2031......................................  Area.........................         12.26     1,541.06     1,788.33        88.75    10,518.17    27,236.22
2031......................................  Mobile.......................  ............       437.21     3,603.94        22.05     3,754.04       204.32
2031......................................  Nonroad......................  ............       138.73     1,464.52          .78     3,016.94         0.67
                                                                          ------------------------------------------------------------------------------
2031......................................     Total.....................         12.26        2,117     6,856.79       111.58    17,289.15    27,441.21
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Projected change (%)..................  .............................           6.1         -5.4        -45.2        -14.8        -16.1         -2.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based our review of the emissions inventories Idaho provided in its
September 13, 2019 submittal, shown in Tables 3 through 5 of this
document, we propose to find that Idaho prepared an adequate attainment
inventory for the Logan, UT-ID PM2.5 NAA.\17\
---------------------------------------------------------------------------

    \17\ ``Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations,'' May 2017.

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

2. Maintenance Demonstration
    CAA section 175A requires a state seeking redesignation to
attainment to submit a SIP revision to provide for the maintenance of
the NAAQS in the area ``for at least 10 years after the
redesignation.'' A state can make this demonstration by either showing
that future emissions of a pollutant or its precursors will not exceed
the level of the attainment inventory, or by modeling to show that the
future mix of sources and emissions rates will not cause a violation of
the NAAQS. See Calcagni Memo, pages 9-10. Idaho elected to demonstrate
maintenance of the 2006 PM2.5 NAAQS for at least ten years
following redesignation using the attainment inventory method.
    IDEQ developed projected inventories, provided in Tables 3 through
5 of this document, to show that the Logan UT-ID area will remain in
attainment through the year 2031. These projected inventories, covering
an interim year of 2026 and a horizon year of 2031, show that future
emissions of NOX, SO2, VOCs, ammonia, and direct
PM2.5 throughout the NAA will remain at or below the 2017
attainment-level emissions for the 2006 24-hour PM2.5 NAAQS.
As these inventories show, emissions from NOX,
SO2, VOCs and NH3 are projected to decrease
between 2017 and 2031 (Table 5 of this document). The emissions of
direct filterable PM2.5 are projected to decline by 5.4% by
2031 (Table 5 of this document).
    Although emissions from condensable PM2.5 increase by
6.1% by 2031, Idaho adequately demonstrated that this increase will not
prevent maintenance of the NAAQS through 2031. The condensable fraction
of PM2.5 is 0.6% of the total PM2.5-Primary
levels projected for 2031. As depicted in Table 5 of this document, the
total condensable PM2.5 emissions are projected to increase
by 0.71 pounds per winter day between 2017 and 2031, while total
filterable PM2.5 emissions are projected to decrease by
119.72 pounds per winter day over the same time period. Overall, total
PM2.5 (sum of filterable and condensable PM2.5)
is projected to decrease by 5.3% from 2017 to 2031.
    EPA has reviewed the documentation provided by Idaho for developing
the 2026 and 2031 emissions inventories for the Logan UT-ID
PM2.5 NAA. Based on our review, EPA finds that the emissions
inventories were prepared in accordance with EPA requirements. These
inventories indicate a decrease in PM2.5 and precursor
emissions throughout the maintenance period, therefore EPA is proposing
to determine that the projected emissions inventories in the Idaho
maintenance plan sufficiently demonstrate that the Logan UT-ID
PM2.5 NAA will continue to maintain the 2006 24-hour
PM2.5 standard throughout the maintenance period.
3. Monitoring Network
    Once a NAA has been redesignated to attainment, the state must
continue to operate an appropriate air quality monitoring network, in
accordance with 40 CFR part 58, to verify the attainment status of the
area.\18\ The maintenance plan should contain provisions for continued
operation of air quality monitors that will provide such verification.
In the maintenance plan, IDEQ noted that it currently operates a
regulatory monitor (the Preston monitor) in the Idaho portion of the
Logan, UT-ID PM2.5 NAA, and committed to continue operating
a regulatory monitoring network in Franklin County in order to verify
continued attainment of the PM2.5 NAAQS and track the
progress of the maintenance plan. IDEQ also stated that it will work
with EPA each year through the air monitoring network review process
(per 40 CFR part 58) to determine the adequacy of the monitoring
network.\19\ EPA proposes to determine that the maintenance plan
contains adequate provisions for continued operation of an air quality
monitoring network to verify maintenance of the 2006 PM2.5
NAAQS.
---------------------------------------------------------------------------

    \18\ As stated, Utah and Idaho signed an MOU to collectively
meet the monitoring requirements of 40 CFR part 58, Appendix D in
the Logan UT-ID MSA on September 1, 2020.
    \19\ See EPA's November 9, 2020 approval of Idaho's 2020 Annual
Monitoring Network Plan, in the docket for this action.
---------------------------------------------------------------------------

4. Verification of Continued Attainment
    As stated in Section III.D.3 of this document, in its maintenance
plan, Idaho commits to continue to operate a regulatory monitoring
network in order to verify continued attainment of the PM2.5
NAAQS in the Idaho portion of the Logan UT-ID area. Idaho is also
required to periodically update the emissions inventory for Franklin
County in accordance with the Annual Air Emissions Reporting
Requirements Rule (AERR) during the maintenance plan period. This
includes developing annual inventories for major point sources and a
comprehensive periodic inventory covering all source categories every
three years.
5. Contingency Plan
    CAA section 175A(d) requires that a maintenance plan also include
contingency provisions, as necessary, to promptly correct any violation
of the NAAQS that occurs after redesignation of the area to attainment.
For the purposes of CAA section 175A, a state is not required to have
fully adopted contingency measures that will take effect without
further action by the state in order for the maintenance plan to be
approved. However, the contingency plan is an enforceable part of the
SIP and should ensure that contingency measures are adopted
expeditiously once they are triggered. The plan should discuss the
measures to be adopted and a schedule and procedure for adoption and
implementation. The contingency plan must require that the state will
implement all measures contained in the Part D nonattainment plan for
the area prior to redesignation. The state should also identify the
specific indicators, or triggers, which will be used to determine when
the contingency plan will be implemented.
    Idaho's maintenance plan outlines the procedures for the adoption
and implementation of contingency measures to further reduce emissions
should a violation occur. Idaho's contingency measures include a
warning level response and an action level response. An initial warning
level response is triggered for the 2006 24-hour PM2.5 NAAQS
when the 98th percentile 24-hour PM2.5 concentration for a
single calendar year reaches 35.5 [micro]g/m\3\ or greater within the
area. An action level response will be prompted by any one of the
following: (1) A two year average of the 98th percentile reaches 35.5
[micro]g/m\3\ or greater within the area; or (2) a violation of the
standard occurs in the area (i.e. a three-year average of the 98th
percentile reaches 35.5 [micro]g/m\3\ or greater).
    Regardless of which level of response is triggered, the State will
evaluate all appropriate data including air quality data, evaluation of
wood smoke programs and information on wildfires or winter power
outages to determine the cause of the exceedance. IDEQ will perform
this evaluation within six months of the end of the year in which the
NAAQS is exceeded or violated. Should a warning level response be
triggered, and IDEQ determines that additional emissions reductions are
necessary, the State will adopt and implement contingency measures as
expeditiously as possible and no later than 18 months from the
determination of a single year exceedance based on quality assured
data. Should an action

level response be triggered, implementation of necessary control
measures will take place as expeditiously as possible, but in no event
later than 18 months after IDEQ determines, based on quality-assured
ambient data, that an action level trigger has been exceeded.
    Idaho has identified the following potential contingency measures
for the maintenance plan:
     Measures to address emissions from residential wood
combustion, including the potential implementation of a burn ban in the
maintenance area at a lower threshold than currently in place in the
ordinances for the six cities in the Idaho portion of the Logan UT-ID
PM2.5 NAA. The current ordinances trigger a burn ban when
the Air Quality Index (AQI) level reaches 75.
     Additional measures to address other PM2.5
sources identified in the emissions inventory such as on-road and
nonroad vehicles, industrial sources, and dust.
    Based on our analysis of Idaho's submittal, we propose to find that
the contingency measure provisions provided in Idaho's Logan, UT-ID
PM2.5 maintenance plan are sufficient and meet the
requirements of CAA section 175A(d).

E. Requirements for Transportation Conformity and Motor Vehicle
Emissions Budgets (MVEBs).

    Transportation conformity is required by CAA section 176(c). EPA's
conformity rule at 40 CFR part 93, subpart A requires that
transportation plans, programs, and projects conform to SIPs and
establishes the criteria and procedures for determining whether or not
they conform. Conformity to a SIP means that transportation activities
will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the NAAQS. Thus, EPA's
conformity rule requires a demonstration that emissions from a
Metropolitan Planning Organization's (MPO's) Regional Transportation
Plan and Transportation Improvement Program, involving Federal Highway
Administration (FHWA) or Federal Transit Administration (FTA) funding
or approval, are consistent with the MVEB(s) contained in a control
strategy SIP revision or maintenance plan (40 CFR 93.101, 93.118, and
93.124). A MVEB is the level of mobile source emissions of a pollutant
relied upon in the attainment or maintenance demonstration to attain or
maintain compliance with the NAAQS in the nonattainment or maintenance
area.
    A PM2.5 maintenance plan should identify MVEBs for
direct PM2.5, NOX and all other PM2.5
precursors from on-road mobile source emissions that are determined to
significantly contribute to PM2.5 levels in the area.\20\ To
determine which precursor pollutants are required to have an MVEB, IDEQ
reviewed PM2.5 speciation at the Franklin monitor. Based on
PM2.5 speciation data and the local emissions inventory
composition for each pollutant, IDEQ determined that in addition to
NOX and direct PM2.5, the maintenance plan should
also include an MVEB for VOCs because they are important precursors to
secondary formation PM2.5. The State excluded direct
PM2.5 emissions from paved road dust from the MVEBs in
accordance with 40 CFR 93.102(b)(3), as these emissions made up only 1%
of total wintertime contributions at the Franklin monitor. Vehicle
emissions of SO2 and NH3 were also found to
contribute minimally to PM2.5 in the area and therefore the
maintenance plan does not include MVEBs for these precursors in
accordance with 40 CFR 93.102(b)(2)(v). See Section 6 of Idaho's
maintenance plan, in the docket for this action, for further analysis
of the pollutants and precursors and the decisions on whether or not
MVEBs were required for the individual pollutants and precursors.
---------------------------------------------------------------------------

    \20\ See 40 CFR 93.102(b)(2)(iv)-(v) and (b)(3).
---------------------------------------------------------------------------

    The MVEBs for 2031 are identical to the on-road mobile source
emissions inventory provided for direct PM2.5,
NOX and VOCs in Table 1 (in Section II.D.1 of this document)
of this proposed action for that year, except that the 2031 direct
PM2.5 budget does not include paved road dust. As stated in
that section, IDEQ used EPA's MOVES2014b model to develop vehicle
emissions estimates for 2031, which were recalculated into tons per day
(from lbs per day) for the 2031 MVEBs.
    Based on its analysis, IDEQ set the mobile source emissions budgets
for 2031 provided in Table 6 of this proposed action, as part of the
September 13, 2019 maintenance plan submission. The previously approved
2017 MVEBs (see 85 FR 9664, February 20, 2020), are included in Table
6. According to EPA's conformity rule, the emissions budget acts as a
ceiling on emissions in the year for which it is defined or until a SIP
revision modifies the budget.\21\
---------------------------------------------------------------------------

    \21\ See 40 CFR 93.118.

                 Table 6--2017 and 2031 MVEBs for the Idaho Portion of the Logan UT-ID PM2.5 NAA
----------------------------------------------------------------------------------------------------------------
                                                                       Motor vehicle emissions budget (tpd)
                                                                 -----------------------------------------------
                              Year                                 Direct PM2.5
                                                                                NOX             VOC
----------------------------------------------------------------------------------------------------------------
2017............................................................            .029            .544            .467
2031............................................................            .009            .149            .198
----------------------------------------------------------------------------------------------------------------

    We propose to find that Idaho has evaluated the appropriate
pollutants and precursors and appropriately established MVEBs for
direct PM2.5, NOX and VOCs. Idaho used the most
up-to-date model (MOVES2014b) available at the time of submission in
order to appropriately calculate these budgets.\22\ The MVEBs are based
on the control measures in the maintenance plan and consistent with
maintaining the 2006 24-hour PM2.5 NAAQS. Based on our
review of Idaho's 2031 MVEBs, we are proposing to approve the budgets.
---------------------------------------------------------------------------

    \22\ See document titled ``EPA R10 MVEB and MOVES TSD'' in the
docket for this proposed action (EPA-R10-OAR-2020-0190) on
www.regulations.gov.
---------------------------------------------------------------------------

IV. Proposed Action

    EPA is proposing to redesignate the Idaho portion of the Logan UT-
ID PM2.5 NAA, and proposing to approve the associated
maintenance plan for the area. If this proposal is finalized, the
designation status of the Idaho portion of the Logan, UT-ID
PM2.5 NAA under 40 CFR part 81 will be revised to attainment
upon the effective date of that final action.

V. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section

107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those imposed by state law. A redesignation to attainment does
not in and of itself create any new requirements, but rather results in
the applicability of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
already imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

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

    Dated: February 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-03031 Filed 2-16-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54171-54173]
[FR Doc No: 2013-21290]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0654]
RIN 1625-AA00

Safety Zone; SFOBB Demolition Safety Zone, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the San Francisco Bay near Yerba Buena Island, CA
in support of the San Francisco-Oakland Bay Bridge (SFOBB) Demolition
Safety Zone from September 1, 2013 through December 30, 2014. This
safety zone is established to protect mariners transiting the area from
the dangers associated with over-head demolition and debris removal
operations of the SFOBB. Unauthorized persons or vessels are prohibited
from entering into, transiting through, or remaining in the safety zone
without permission of the Captain of the Port or their designated
representative.

DATES: This rule is effective September 1, 2013 through December 30,
2014. This rule will be enforced from 6 a.m. until 7 p.m. daily on the
dates mentioned above.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0654. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade William Hawn, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CALTRANS California Department of Transportation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SFOBB San Francisco-Oakland Bay Bridge

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because publishing an NPRM would be contrary to
the public interest. CALTRANS submitted a request for a safety zone on
July 10, 2013 and the demolition project will begin before the
rulemaking process would be completed. Because of the dangers posed by
over-head demolition and debris removal operations of the SFOBB, the
safety zone is necessary to provide for the safety of mariners
transiting the area. For the safety concerns noted, it is in the public
interest to have this safety zone in effect during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the reasons stated above,
delaying the effective date would be contrary to the public interest.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 1231; 46 U.S.C
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish safety zones.
    CALTRANS will sponsor the SFOBB Demolition Safety Zone from
September 1, 2013 through December 30, 2014, in the navigable waters of
the San Francisco Bay near Yerba Buena Island, CA. Demolition and
debris removal operations are scheduled to take place from 6 a.m. to 7
p.m. daily beginning on September 1, 2013 and ending on December 30,
2014. The safety zone will encompass the navigable waters of the San
Francisco Bay within 100 yards of the SFOBB from Yerba Buena Island to
the ``I'' Pier, also known as ``E4'' Pier. The demolition project is
necessary to facilitate the completion of the Bay Bridge project. The
safety zone is issued to establish a temporary limited access area on
the waters surrounding the demolition operation. The safety zone is
necessary to protect mariners transiting the area from the dangers
associated with over-head debris removal.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters
around and under the SFOBB within 100 yards of the bridge beginning at
Yerba Buena Island and ending at the ``I'' Pier for the demolition and
debris removal of the Yerba Buena Island Detour and the Cantilever
Truss segment of the SFOBB. Demolition and debris removal is scheduled
to take place from 6 a.m. to 7 p.m. daily beginning on September 1,
2013 and ending on December 30, 2014. At the conclusion of the
demolition operations the safety zone shall terminate.
    The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the demolition and debris removal
operations. Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
restricted area. This safety zone is needed to protect public safety by
keeping mariners and vessels away from the immediate vicinity of the
construction operation. The maritime public will be advised in advance
of this safety zone via Broadcast Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule does not rise to the
level of necessitating a full Regulatory

Evaluation. The safety zone is limited in duration, and is limited to a
narrowly tailored geographic area. In addition, although this rule
restricts access to the waters encompassed by the safety zone, the
effect of this rule will not be significant because the local waterway
users will be notified via public Broadcast Notice to Mariners to
ensure the safety zone will result in minimum impact. The entities most
likely to be affected are waterfront facilities, commercial vessels,
and pleasure craft engaged in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which may be small entities: owners and operators of waterfront
facilities, commercial vessels, and pleasure craft engaged in
recreational activities and sightseeing, if these facilities or vessels
are in the vicinity of the safety zone at times when this zone is being
enforced. This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i)
This rule will encompass only a small portion of the waterway for a
limited period of time, (ii) vessel traffic can transit safely around
the safety zone, and (iii) the maritime public will be advised in
advance of this safety zone via Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the

discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add temporary Sec.  165-T11-589 to read as follows:

Sec.  165-T11-589  Safety zone; SFOBB Demolition Safety Zone, San
Francisco, CA.

    (a) Location. This temporary safety zone is established in the
navigable waters of the San Francisco Bay near Yerba Buena Island,
California as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18650. The safety zone will encompass the
navigable waters around the SFOBB within 100 yards beginning at Yerba
Buena Island and ending at the ``I'' Pier.
    (b) Enforcement Period. The zone described in paragraph (a) of this
section will be in effect from 6 a.m. to 7 p.m. daily from September 1,
2013 until December 30, 2014. The Captain of the Port San Francisco
(COTP) will notify the maritime community of periods during which this
zone will be enforced via Broadcast Notice to Mariners in accordance
with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR Part
165, Subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-23A or through
the 24-hour Command Center at telephone<PHONE_NUMBER>.

    Dated: August 15, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-21290 Filed 8-30-13; 8:45 am]
BILLING CODE 9110-04-P


REPORT FROM THE 16TH MEETING OF THE PARTIES Annex II Reporting accounting framework for critical uses of methyl bromide ( all quantities expressed in metric tonnes)

Party: ___ United States of America_________________

A B C D E ( C + D) F ( B  E) G H ( E + G) I J K L ( E  I   J  K) d Quantity acquired for critical use by import &

countr( y)( ies) of Manufacture Year of critical use Quantity exempted for year of critical use 1 Quantity acquired by productio n for critical use Amount Country( s) Total quantity acquired for U. S. critical use Quantity authorized but not acquired Amount on hand at start of year 2 Amount available for use in current year Amount used for critical use Amount exported Amount destroyed Amount on hand at end of year 3 2005 7,659 a 6,359 1,254 Israel 7,613 46 Stock data is treated as CBI pending further legal resolution Stock data is treated as CBI pending further legal resolution 7,170b 0c 0c 443e 1 Exempted by the Parties to the Montreal Protocol. Note that the critical use for a particular year may be the sum of quantities authorized by decision in more than one year.

2 Where possible, national Governments should include quantities on hand as of 1 January 2005 and for each year thereafter. National Governments that are not able to estimate quantities on hand as of 1 January 2005 can track the subsequent inventory of methyl bromide produced for critical uses ( column L).

3 Carried forward as " Amount on hand at start of year" for next year.

a Total allowable new production and imports for 2005 critical uses was 7,659 MT; additional amounts of stocks were allowable for critical use in 2005 in the amount of 1,893 MT b This figure would have been higher but due to the lateness of the decision on supplemental authorizations for 2005, quantities of exempted material were not made available to the domestic market in time for scheduled fumigations.

c There is no destruction or export of U. S. critical use methyl bromide.

d The original formula in column L as per Annex II of the Meeting Report is " H I J K." The USG could not apply this formula because the confidentiality of data in column G, and therefore column H, awaits legal resolution in domestic courts. Thus, the " amount on hand at end of year" in column L does not include the amount that would otherwise be inserted in column G; rather, it only refers to methyl bromide produced or imported under the critical use exemption program.

e US regulations do not permit the accumulation of stocks through the critical use exemption. Amounts on hand at end of year are deducted in the year after the year in which the data was reported. The 443 MT of CUE methyl bromide on hand at the end of 2005 will be deducted from allowable new production/ import in 2007. This figure does not include pre 2005 supplies of methyl bromide.