[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Proposed Rules]
[Pages 13582-13587]
[FR Doc No: 2019-06739]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0571; FRL-9991-69-Region 10]

Approval and Promulgation of State Implementation Plans; Idaho;
Regional Haze Progress Report

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve Idaho's Regional Haze Progress Report (``progress report'' or
``report''), submitted by the State of Idaho on June 28, 2016, as a
revision to the Idaho Regional Haze State Implementation Plan (SIP).
Idaho submitted its progress report and a negative declaration stating
that further revision of the existing Regional Haze SIP is not needed
at this time. The progress report addresses requirements of the Clean
Air Act (CAA) and the federal Regional Haze Rule that require states to
submit periodic reports describing progress made toward achieving
reasonable progress goals (RPGs) established for regional haze and a
determination of the adequacy of the state's existing plan addressing
regional haze.

DATES: Comments are due no later than May 6, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2017-0571 at http://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: John Chi, Air Planning Unit, Office of
Air and Waste (OAW-150), EPA, Region 10, 1200 Sixth Avenue, Suite 900,
Seattle, Washington 98101;<PHONE_NUMBER>; [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Context for Understanding Idaho's Progress Report
    A. Framework for Measuring Progress
    B. Data Sources for Idaho's Progress Report
III. The EPA's Evaluation of Idaho's Progress Report
    A. Status of Implementation of All Measures Included in the
Regional Haze SIP
    1. BART-Level Controls
    2. Prevention of Significant Deterioration (PSD)/Major New
Source Review (NSR)
    3. Smoke Management
    B. Summary of Visibility Conditions
    C. Visibility Monitoring Strategy
    D. Summary of Emissions Reductions
    E. Determination of Adequacy (40 CFR 51.308 (h))
    F. Consultation With Federal Land Managers (40 CFR 51.308 (i))
IV. The EPA's Proposed Action
V. Statutory and Executive Order Reviews

I. Background

    Idaho submitted its initial Regional Haze SIP to the EPA on October
25, 2010, for the first regional haze planning period ending in 2018,
which the EPA approved on June 22, 2011, and November 8, 2012.\1\ Five
years after submittal of the initial regional haze plan, states were
required to submit progress reports that evaluate progress towards the
RPGs for each mandatory Class I Federal area \2\ (Class I area) within
the state and in each Class I area outside the state which may be
affected by emissions from within the state. 40 CFR 51.308(g). States
were also required to submit, at the same time as the progress report,
a determination of the adequacy of the state's existing regional haze
plan. 40 CFR 51.308(h). On June 28, 2016, the Idaho Department of
Environmental Quality (IDEQ) submitted, as a SIP revision, a report on
the progress made in the first implementation period towards the RPGs
for Class I areas. EPA is proposing to approve Idaho's progress report
on the basis that it satisfies the requirements of 40 CFR 51.308. We
also propose to find that Idaho's progress report demonstrates that the
state's long-term strategy and emission control measures in the
existing Regional Haze SIP are sufficient to enable Idaho to meet all
established RPGs for 2018.
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    \1\ See 76 FR 36329 (Jun. 22, 2011) and 77 FR 66929 (Nov. 8,
2012).
    \2\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6,000 acres, wilderness areas and
national memorial parks exceeding 5,000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
See 40 CFR part 81, subpart D for a list of Class I areas.
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II. Context for Understanding Idaho's Progress Report

    To facilitate a better understanding of Idaho's progress report as
well as the EPA's evaluation of it, this section provides background on
the regional haze program in Idaho.

A. Framework for Measuring Progress

    The EPA has established a metric for determining visibility
conditions at Class I areas referred to as the ``deciview index,''
which is measured in deciviews, as defined in 40 CFR 51.301. The
deciview index is calculated using monitoring data collected from the
Interagency Monitoring of Protected Visual Environments (``IMPROVE'')
network monitors. Idaho has five Class I areas: Hells Canyon
Wilderness, Sawtooth Wilderness, Craters of the Moon National Monument,
Yellowstone National Park, and Selway-Bitterroot Wilderness. Both Hells
Canyon Wilderness and Yellowstone National Park have portions within
Idaho, but the majority of the land masses for both of these Class I
areas are in other states. For this reason, Idaho set the RPGs for
Hells Canyon Wilderness, Sawtooth

Wilderness, and Craters of the Moon National Monument and the 5-year
Progress Report analyzes progress towards the RPGs at these three Class
I areas.
    In developing its initial Regional Haze SIP as part of the Western
Regional Air Partnership (``WRAP''), Idaho determined, and the EPA in
its approval agreed, that implementation of best available retrofit
technology (``BART'') and other existing measures in the State's
regional haze plan was sufficient to address the visibility impact of
sources in Idaho on Class I areas in other states. See 77 FR 66929,
66933. Therefore, Idaho's progress report does not address the
visibility impact of Idaho sources on Class I areas in other states.
    Under the Regional Haze Rule, a state's initial Regional Haze SIP
must establish two RPGs for each of its Class I areas: One for the 20-
percent least impaired days and one for the 20-percent most impaired
days. The RPGs must provide for an improvement in visibility on the 20-
percent most impaired days and ensure no degradation in visibility on
the 20-percent least impaired days, as compared to visibility
conditions during the baseline period. In establishing the RPGs, a
state must consider the uniform rate of visibility improvement from the
baseline to natural conditions in 2064 and the emission reductions
measures needed to achieve it. Idaho set the RPGs for the Hells Canyon
Wilderness, Sawtooth Wilderness, and the Craters of the Moon National
Monument Class I areas. In setting the RPGs for these three Class I
areas, Idaho used atmospheric air quality modeling based on projected
emission reductions from control strategies in Idaho's Regional Haze
SIP, as well as emission reductions expected to result from other
federal, state, and local air quality programs.

B. Data Sources for Idaho's Progress Report

    Idaho relied on the WRAP technical data and analyses in a report
titled ``Western Regional Air Partnership Regional Haze Rule Reasonable
Progress Summary Report'' (``WRAP Report''), dated June 28, 2013,
included as an appendix to the progress report. The WRAP Report
analyzes monitoring data collected in Idaho during the 2005-2009
period, and it relies on emission data reported to the EPA's National
Emissions Inventory (NEI) up until 2011. Idaho then supplemented the
information in the WRAP report with more current 2007-2011 visibility
data for its Class I areas as part of the progress report adopted by
the state in 2015.

III. The EPA's Evaluation of Idaho's Progress Report

    This section describes the contents of Idaho's progress report and
the EPA's evaluation of the report, as well as the EPA's evaluation of
the determination of adequacy required by 40 CFR 51.308(h) and the
requirement for state and Federal Land Manager (FLM) coordination in 40
CFR 51.308(i).

A. Status of Implementation of All Measures Included in the Regional
Haze SIP

    In its progress report, Idaho provided a description of the control
measures in the state's Regional Haze SIP that the state relied on to
implement the regional haze program. Idaho relied in its Regional Haze
SIP upon, among other things, BART controls, its Prevention of
Significant Deterioration/New Source Review permitting program, and its
smoke management programs for agricultural and forestry burning to
achieve the RPGs it established for its Class I areas. Idaho included a
description of these programs in the progress report, which is
summarized below.
1. BART-Level Controls
    Idaho's original Regional Haze SIP imposed BART-level controls on
two sources, the #5 Rotary Kiln at the P4 Production (formerly
Monsanto) Soda Springs facility and the Riley Boiler at The Amalgamated
Sugar Company (TASCO), Nampa facility. In 2005, P4 Production underwent
a Best Available Control Technology (BACT) review and installed a lime-
concentrated dual-alkali (LCDA) scrubber on the #5 Rotary Kiln to
control sulfur dioxide (SO2) emissions. Idaho determined,
and EPA in its approval agreed, that BART for the #5 Rotary Kiln was an
emission limit of 143 pounds per hour of SO2 achieved
through application of the LCDA scrubber. See 76 FR 36329, 36339 (Jun.
22, 2011).\3\ Idaho also concluded that existing controls were BART for
the nitrogen oxide (NOX) and particulate matter (PM)
emissions from the #5 Rotary Kiln. EPA also approved this
determination. See 76 FR 36329, 36339 (Jun. 22, 2011). The emission
limits are embodied in federally enforceable permits that Idaho
continues to administer.
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    \3\ The SO2 emissions limit is embodied in Idaho
Permit T2-2009.0109, which is included in the Docket for this
action.
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    For TASCO, Idaho determined that flue gas desulfurization and low
NOX burners with over-fire air were the appropriate control
technologies for the BART-eligible Riley Boiler. EPA approved BART for
the Riley Boiler on May 22, 2012 (77 FR 66929). Subsequently, Idaho
submitted revisions to its Regional Haze SIP that included a revised
BART determination for the TASCO Nampa facility. Specifically, Idaho's
revised BART determination included a more stringent NOX
emission limit, a more stringent PM emission limit, and a BART
alternative to replace the SO2 BART determination. In
addition to the more stringent NOX and PM emission limits
for the Riley Boiler, the BART alternative relied on control of
NOX emissions from two non-BART eligible boilers at the
TASCO Nampa facility, as well as taking into account the emission
reductions resulting from the permanent shutdown of three coal-fired
pulp dryers. EPA approved Idaho's revised BART determination for the
TASCO Nampa facility on April 28, 2014. See 79 FR 23273, 23277. The
BART emissions limits are embodied in a federally enforceable permit
that went into effect on December 23, 2011. Idaho continues to
administer this permit.
2. Prevention of Significant Deterioration (PSD)/Major New Source
Review (NSR)
    Idaho's progress report states that a key regulatory program for
addressing visibility impairment from new or modified industrial
stationary sources is the state's PSD/NSR program. This program
protects visibility in Class I areas from impacts from new major or
modified major stationary sources. According to the progress report,
Idaho's PSD program requires new or major modifications to model the
emissions impacts on Class I areas within 300 kilometers to determine
if the change in visibility above natural levels is significant.
According to the progress report, Idaho continues to implement the PSD/
NSR program.
3. Smoke Management
    In addition, Idaho continues to implement its crop residue and
burning program. EPA published its approval of Idaho's SIP revisions
relating to open burning and crop residue disposal requirements on
August 1, 2008 (73 FR 44915, 44919), March 19, 2013 (78 FR 16760,
16791), and most recently on June 19, 2018 (83 FR 28382, 28385). The
compliance rate has improved through education and outreach, and Idaho
DEQ has hired a meteorologist to guide burn decisions. There have also
been improvements in the prescribed burning (forestry) program.
Specifically, Idaho

DEQ is working closely with the Idaho and Montana Airshed group, and
Idaho DEQ's smoke manager and meteorologist are involved in the day to
day burn decisions. Both the crop residue and burning and the
prescribed burning programs have improved through cooperative
agreements with the Idaho Department of Lands and the burn permits now
have specific language requiring burners to comply with Idaho open
burning rules.

B. Summary of Visibility Conditions

    In addition to the evaluation of control measures, Idaho documented
the differences between the visibility conditions during the baseline
period (2000-2004), the first progress period (2005-2009), and the most
current five-year averaging period (2010-2014). Idaho used data
available at the time Idaho developed the progress report in 2015. As
part of our review, the EPA supplemented this information with current
2012-2016 data, as shown in Table 1.\4\
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    \4\ See document entitled ``visibility data trends'' included in
the Docket for this action.

                             Table 1--Idaho Class I Area Visibility Conditions on the 20-Percent Most and Least Impaired Day
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                                                                                First progress     Progress       Most recent        2018
                                                                          Baseline (2001-  period (2005-   report update    data (2012-     reasonable
              IMPROVE monitor                       Class I area          2004) (dv) \5\    2009) (dv)      (2010-2014)     2016) (dv)     progress goal
                                                                                (dv)                            (dv)
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                                                              20-percent Most Impaired Days
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    CRMO1.................................  Craters of the Moon NM......            14.0            13.6            14.1            14.1           13.06
    SWAT1.................................  Sawtooth Wilderness.........            13.8            14.8            15.7            15.2           13.22
    SULA1.................................  Selway-Bitterroot Wilderness            13.4            17.0            15.0            11.3           12.94
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                                                             20-percent Least Impaired Days
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    CRMO1.................................  Craters of the Moon NM......             4.3             3.4             3.0             2.8             3.9
    SWAT1.................................  Sawtooth Wilderness.........               4             3.8             3.0             2.5             3.8
    SULA1.................................  Selway-Bitterroot Wilderness             2.6             2.5             1.7             1.5             2.5
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    As shown in Table 1, all Class I areas experienced improvements in
visibility for the 20-percent least impaired days between the baseline
(2000-2004) and the most recent (2012-2016) visibility periods.
According to Idaho's progress report, all Class I areas are meeting the
RPGs for the 20-percent least impaired days. Idaho's progress report
included an analysis of progress and impediments to progress. Regarding
the 20-percent most impaired days, according to the most recent
monitoring data (2012-2016), the Selway-Bitterroot Wilderness (SULA1
monitor) is meeting the RPG for the 20-percent most impaired days.
However, according to the 2012-2016 data, visibility in the Sawtooth
Wilderness (SWAT1 monitor) and the Craters of the Moon NM (CRMO1
monitor) is not meeting the 2018 RPGs for the 20-percent most impaired
days.
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    \5\ For all Idaho Class I monitoring sites, monitoring began in
late 2000; therefore, only three complete years of monitoring data,
2002-2004, define their baselines.
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    According to the progress report, visibility has not improved in
the Sawtooth Wilderness and Craters of the Moon NM due to smoke from
episodic wildfires in the area. Figures 6, 7, and 8 in the progress
report show that SO2 and NOX emissions have
decreased since 2000. In contrast, coarse PM emissions have increased
during the same period. Figure 14, Figure 15, and Appendix D of the
progress report show that, even though there has been a steady
reduction in ammonium sulfate formation since 2000, indicative of a
reduction in anthropogenic contributions to visibility impairment,
particulate organic mass has consistently remained the dominant
contributor to light extinction. The Sawtooth Wilderness and Craters of
the Moon NM experienced a notable spike in light extinction caused by
particulate organic mass emissions in 2012, which likely contributed to
the areas not meeting their RPGs. The 2012 fires potentially impacting
the Sawtooth Wilderness and Craters of the Moon NM include the Halstead
Fire (181,000 acres), Mustang Complex (340,600 acres), and the Trinity
Ridge Fire (146,800 acres).\6\
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    \6\ https://www.ncdc.noaa.gov/sotc/fire/201213.
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C. Visibility Monitoring Strategy

    The progress report also contained a review of Idaho's visibility
monitoring strategy. Idaho concluded that the IMPROVE network continues
to comply with the monitoring requirements in the Regional Haze Rule
and that no modifications to Idaho's visibility monitoring strategy are
necessary at this time.

D. Summary of Emissions Reductions

    The Idaho progress report also included a summary of the emissions
reductions achieved throughout the state from the control measures
discussed above. Specifically, Idaho identified emissions reductions
achieved through emissions controls on Idaho BART-eligible sources,
including the P4 Production and the TASCO Nampa facilities. According
to Idaho, implementation of BART caused significant reductions in
emissions at both facilities. Installation of the LCDA scrubber on the
P4 Production facility reduced SOX emissions by 11,000 tons
per year. NOX emissions at the TASCO Nampa facility have
also declined due to compliance with the BART requirements, namely
implementation of low NOX burners, switching to natural gas,
and the permanent shutdown of pulp dryers. Specifically, the BART
alternative for the TASCO Nampa Facility achieved NOX
emissions reductions of 221 tons per year, SO2 emissions
reductions of 20.6 tons per year, and PM emissions reductions of 113
tons per year (78 FR 38872).
    The progress report also discussed improvements in Idaho's smoke
management programs made during the first planning period, as noted
above. The progress report summarized changes in emission inventories
for all major visibility impairing pollutants from point, area, on-road
mobile, off-road mobile, oil and gas, fugitive and road dust, and
anthropogenic fire source categories in the state. For these summaries,
emissions during the baseline years are represented using a

2002 inventory, which was developed with support from the WRAP for use
in the original Regional Haze SIP development. Differences between
inventories are represented as the differences between the 2002
inventory, the 2008 inventory, and the 2011 inventory which leverages
recent inventory development work performed by the WRAP for the West-
wide Jump Start Air Quality Modeling Study (WestJumpAQMS) and
Deterministic & Empirical Assessment of Smoke's Contribution to Ozone
Project (DEASCO3) modeling projects.
    The progress report also included an analysis tracking the change
in emissions since the first progress period and the most recent
progress period. Specifically, Idaho states that there has been a
substantial reduction in anthropogenic sources of both SO2
and NOX. Estimated emissions reductions for SO2
and NOX are summarized in Table 2 and Table 3, below. These
reductions are primarily attributed to the BART controls and the Tier
II reductions in sulfur content of fuels and NOX vehicle
emission standards. We note that the other visibility impairing
pollutants (primary organic aerosols, elemental carbon) also generally
declined as detailed in Chapter 2.3 of the progress report. As shown in
Table 4 below, emissions increased for fine and coarse particulate
matter because of a major change to the fugitive road dust calculations
between 2008 and 2011.\7\
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    \7\ Fine soil and coarse mass decreased for the windblown dust
inventory comparisons and increased for the combined fugitive/road
dust inventories. Idaho noted that large variability in changes in
windblown dust was observed for the contiguous WRAP states, which
was likely due in large part to enhancements in dust inventory
methodology, rather than changes in actual emissions. For most
parameters, especially primary organic aerosols, volatile organic
compounds, and elemental carbon, natural fire emission inventory
estimates decreased, and anthropogenic fire estimates increased.

                                  Table 2--Sulfur Dioxide Emissions by Category
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                                                                       Sulfur dioxide emissions (tons/year)
                                                                 -----------------------------------------------
                                                                       2002            2008            2011
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                                              Anthropogenic Sources
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Point...........................................................          17,613           7,490           6,954
Area............................................................           3,280           9,068           2,070
On-Road Mobile..................................................           1,662             339             198
Off-Road Mobile.................................................           3,702             281             122
Fugitive and Road Dust..........................................               4              25              95
Anthropogenic Fire..............................................             895           2,499           2,460
                                                                 -----------------------------------------------
    Total Anthropogenic.........................................          27,156          19,702          11,899
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                                                 Natural Sources
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Natural Fire....................................................          12,008             852           3,005
Biogenic........................................................               0               0               0
Wind Blown Dust.................................................               0               0               0
                                                                 -----------------------------------------------
    Total Natural...............................................          12,008             852           3,005
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                                                   All Sources
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    Total Emissions.............................................          39,164          20,554          14,904
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                                 Table 3--Nitrogen Oxides Emissions by Category
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                                                                       Nitrogen oxides emissions (tons/year)
                                                                 -----------------------------------------------
                                                                       2002            2008            2011
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                                              Anthropogenic Sources
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Point...........................................................          11,487          12,671          11,591
Area............................................................          30,318          19,892           6,205
On-Road Mobile..................................................          44,611          44,556          45,575
Off-Road Mobile.................................................          27,922          14,132          20,900
Fugitive and Road Dust..........................................               5              13              50
Anthropogenic Fire..............................................           3,461          11,368           6,122
                                                                 -----------------------------------------------
    Total Anthropogenic.........................................         117,804         102,632          90,443
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                                                 Natural Sources
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Natural Fire....................................................          39,401           3,815           7,878
Biogenic........................................................          16,982           4,806           4,459
Wind Blown Dust.................................................               0               0               0
                                                                 -----------------------------------------------
    Total Natural...............................................          56,383           8,621          12,337
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                                                   All Sources
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    Total Emissions.............................................         174,187         111,253         102,780
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                                 Table 4--Fine Particulate Emissions by Category
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                                                                      Fine particulate emissions (tons/year)
                                                                 -----------------------------------------------
                                                                       2002            2008            2011
----------------------------------------------------------------------------------------------------------------
                                              Anthropogenic Sources
----------------------------------------------------------------------------------------------------------------
Point...........................................................             305               0             246
Area............................................................           4,749           2,364             408
On-Road Mobile..................................................               0             175             185
Off-Road Mobile.................................................               0              46               0
Fugitive and Road Dust..........................................           4,839          12,564          44,037
Anthropogenic Fire..............................................           1,536           8,358              18
                                                                 -----------------------------------------------
    Total Anthropogenic.........................................          11,429          23,507          44,894
----------------------------------------------------------------------------------------------------------------
                                                 Natural Sources
----------------------------------------------------------------------------------------------------------------
Natural Fire....................................................           3,013           2,780              18
Biogenic........................................................               0               0               0
Wind Blown Dust.................................................           5,050           5,286          11,068
                                                                 -----------------------------------------------
    Total Natural...............................................           8,063           8,066          11,086
----------------------------------------------------------------------------------------------------------------
                                                   All Sources
----------------------------------------------------------------------------------------------------------------
    Total Emissions.............................................          19,492          31,573          55,980
----------------------------------------------------------------------------------------------------------------

    In its progress report, Idaho concluded that the state is making
adequate progress in improving visibility as a result of actions
identified in the Regional Haze SIP, as well as actions taken by
adjoining states, the federal government, the WRAP, and the Western
States Air Resources Council.

E. Determination of Adequacy (40 CFR 51.308(h))

    In accordance with 40 CFR 51.308(h)(1), if the state determines
that the existing implementation plan requires no further substantive
revision in order to achieve established goals for visibility
improvement and emissions reductions, the state must provide to the
Administrator a negative declaration that further revision of the
existing implementation plan is not needed at this time. Within the
progress report, Idaho provided a negative declaration stating that
further revision of the existing implementation plan is not needed. The
basis for the state's negative declaration is the finding that
visibility on the 20-percent least impaired days has improved from the
baseline period, and the Selway-Bitterroot Wilderness Class I area
attained its 2018 RPGs at the IMPROVE monitor. The Sawtooth Wilderness
and the Craters of the Moon NM did not meet the 2018 RPGs for the 20-
percent most impaired days at their respective monitors, which Idaho
demonstrated was due to smoke from wildfires in 2012.\8\
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    \8\ EPA acknowledged in its approval of Idaho's Regional Haze
SIP that the overwhelming amount of visibility impairment due to
fire on the 20-percent most impaired days at Idaho's Class I areas
is due to natural fire. See 77 FR 66929, 66933. In our approval of
Idaho's Regional Haze SIP, we agreed with Idaho's conclusion that no
additional controls on non-BART stationary sources in Idaho were
reasonable for the first planning period because any visibility
improvement expected from additional controls would likely be
minimal due to the outsized influence of wildfires on visibility
impairment. Id. at 66931.
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    Accordingly, the EPA proposes to find that Idaho adequately
addressed the requirements in 40 CFR 51.308(h) in its determination
that the existing Idaho Regional Haze SIP requires no substantive
revisions at this time.

F. Consultation With Federal Land Managers (40 CFR 51.308(i))

    In accordance with 40 CFR 51.308(i), the state must provide the
FLMs with an opportunity for consultation, in person and at least 60
days prior to holding any public hearings on an implementation plan (or
plan revision). The state must also include a description of how it
addressed any comments provided by the FLMs. The State of Idaho invited
the FLMs to comment on its draft progress report on January 28, 2016,
for a 60-day comment period ending March 28, 2016, prior to releasing
the report for public comment. Idaho included the FLM comment and a
description of how it addressed the comment in Appendix E of the
progress report.
    The EPA proposes to find that Idaho has addressed the requirements
in 40 CFR 51.308(i). Idaho provided a 60-day period for the FLMs to
comment on the progress report, which was at least 60 days before
seeking public comments, and provided a summary of these comments and
responses to these comments in the progress report.

IV. The EPA's Proposed Action

    The EPA is proposing to approve the Idaho Regional Haze Progress
Report submitted to the EPA on June 28, 2016, as meeting the applicable
requirements of the CAA and Regional Haze Rule, as set forth in 40 CFR
51.308(g). The EPA proposes to find that the existing

Regional Haze SIP is adequate to meet the state's visibility goals and
requires no substantive revision at this time, as set forth in 40 CFR
51.308(h). We propose to find that Idaho fulfilled the requirements in
40 CFR 51.308(i) regarding state coordination with FLMs.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state 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 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 it 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).
    The proposed SIP would not be approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). Therefore, Executive Order 13175 does not apply to
this action.

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 27, 2019.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2019-06739 Filed 4-4-19; 8:45 am]
 BILLING CODE 6560-50-P