Federal Register - February 17, 2021
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Source: Federal Register
jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Proposed Rules particular nonattainment areas 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 110a2 elements not connected with nonattainment plan submissions and not linked with an areas 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 110a2 and part D
requirements which are linked with a particular areas designation and classification are the relevant measures to evaluate in reviewing a redesignation request, and that CAA section 110a2
elements not linked to the areas nonattainment status are not applicable for purposes of redesignation. This approach is consistent with EPAs 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 110a2 of the CAA to the extent they are applicable for the purposes of redesignation. EPA has previously approved provisions of Idahos SIP as demonstrating compliance with the CAA section 110a2 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, UTID 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
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requirements applicable to all nonattainment areas at subpart 1 CAA
sections 172176 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.
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 188d and 40
CFR 51.1005a, 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 Idahos 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.
Pursuant to 40 CFR 51.1015a, on October 19, 2018, EPA completed a CDD
9 81 FR 58010, August 24, 2016. Codified at 40
CFR part 51, subpart Z.
10 See Section 188c1 of the CAA, 42 U.S.C.
7513c1, 40 CFR 51.1004a1. 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, 3156768.
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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 172c9 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 172c3 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 172c3 comprehensive emissions inventory requirement in a final rulemaking on July 18, 2014 79 FR
41904.
CAA section 172c4 requires the identification and quantification of allowable emissions for major new and modified stationary sources in an area, and CAA section 172c5 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 Idahos 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. Idahos PSD regulations are codified in the Idaho Administrative Procedures Act IDAPA at 58.01.01.200228 permit to construct and governed by IDAPA 58.01.01.205
permit requirements for new major facilities or major modifications in attainment or unclassifiable areas. We most recently approved revisions to Idahos 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 Idahos 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
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