[Federal Register Volume 66, Number 193 (Thursday, October 4, 2001)]
[Rules and Regulations]
[Pages 50574-50576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24900]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FRL-7072-1]


Clean Air Act Full Approval of Operating Permits Program In Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to fully approve the operating 
permits program submitted by the State of Idaho. Idaho's operating 
permits program was submitted in response to the directive in the Clean 
Air Act that permitting authorities develop, and submit to EPA, 
programs for issuing operating permits to all major stationary sources 
and to certain other sources within the permitting authority's 
jurisdiction.

EFFECTIVE DATE: November 5, 2001.

ADDRESSES: Copies of the State of Idaho's submittal, and other 
supporting information used in developing this final full approval, are 
available for inspection during normal business hours at the U.S. 
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Seattle, 
Washington, 98101. Interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Denise Baker, Office of Air Quality 
(OAQ-107), EPA, 1200 6th Avenue, Seattle, WA 98101, (206) 553-8087.

SUPPLEMENTARY INFORMATION

I. Background

    The Clean Air Act (CAA) Amendments of 1990 required all state and 
local permitting authorities to develop operating permits programs that 
meet certain Federal criteria. Idaho's operating permit program was 
submitted in response to this directive. EPA granted interim approval 
to Idaho's air operating permit program on December 6, 1996 (61 FR 
64622).
    On July 9, 1998, the State of Idaho sent a letter to EPA addressing 
the interim approval issues, transmitting its revised title V statutes 
and rules, and requesting full approval of Idaho's air operating 
permits program. EPA received additional submittals from Idaho 
addressing the interim approval issues and transmitting additional 
changes in its statutes and rules on May 25, 1999, and March 15, 2001. 
In these submittals, the State also discussed other changes it has made 
to its operating permits program since it obtained interim approval and 
requested approval of these changes. These changes include designating 
the Idaho Division of Environmental Quality, which was the permit 
issuing authority at the time of interim approval, as a State 
Department, now entitled the Idaho Department of Environmental Quality 
(IDEQ). These changes also include a renumbering and recodification of 
all of Idaho's air quality regulations.
    EPA reviewed the program revisions submitted by the State of Idaho 
and promulgated a proposal to approve Idaho's title V operating permits 
program, and, with one exception, the other changes mentioned above, on 
August 13, 2001 (66 FR 42490). EPA received no public comment on that 
proposal.

[[Page 50575]]

II. Final Action

    EPA is granting full approval to the operating permits program 
submitted by IDEQ based on the revisions submitted on July 9, 1998, May 
25, 1999, and March 15, 2001, which satisfactorily address the program 
deficiencies identified in EPA's December 6, 1996 Interim Approval 
Rulemaking. See 61 FR 64622. In addition, EPA is approving, as a title 
V operating permit program revision, IDEQ's designation as a department 
and the Idaho title V permitting authority; the recodification and 
renumbering of Idaho's title V rules; and Idaho's revised regulations 
for permit revision procedures, compliance certification, and the 
deferral of permitting nonmajor sources submitted on the same dates. 
EPA is not taking action on Idaho's revised fee rules. As previously 
discussed, EPA will be conducting a review of Idaho's title V fees to 
determine whether the fees collected are sufficient to cover its title 
V permit program costs and whether title V fees are used solely for 
title V permit program costs. See 66 FR 42495.
    Consistent with EPA's previous actions, this approval does not 
extend to ``Indian Country,'' as defined in 18 U.S.C. 1151. See 64 FR 
8247, 8250-8251 (February 19, 1999); 59 FR 42552, 42554 (August 18, 
1994).

III. Administrative Requirements

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this final approval is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. Under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) the Administrator certifies that this final 
approval will not have a significant economic impact on a substantial 
number of small entities because it merely approves state law as 
meeting federal requirements and imposes no additional requirements 
beyond those imposed by state law. This rule does not contain any 
unfunded mandates and does not significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) because it approves pre-existing requirements under 
state law and does not impose any additional enforceable duties beyond 
that required by state law. This rule also does not have tribal 
implications because it will 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, as 
specified by Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). This 
rule also does not have Federalism implications because it will not 
have substantial direct effects 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, 
as specified in Executive Order 13132, ``Federalism'' (64 FR 43255, 
August 10, 1999). This rule merely approves existing requirements under 
state law, and does not alter the relationship or the distribution of 
power and responsibilities between the State and the Federal government 
established in the Clean Air Act. This final approval also is not 
subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) or Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001), because it is not a significant regulatory action 
under Executive Order 12866. This action will not impose any collection 
of information subject to the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq., other than those previously approved and 
assigned OMB control number 2060-0243. For additional information 
concerning these requirements, see 40 CFR part 70. An agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.
    In reviewing State operating permit programs submitted pursuant to 
title V of the Clean Air Act, EPA will approve State programs provided 
that they meet the requirements of the Clean Air Act and EPA's 
regulations codified at 40 CFR part 70. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a State 
operating permit program for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews an operating 
permit program, to use VCS in place of a State program that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective November 5, 2001.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 3, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Operating permits, Reporting and recordkeeping requirements.

    Dated: September 24, 2001.
Charles E. Findley,
Acting Regional Administrator, Region 10.

    40 CFR part 70, chapter I, title 40 of the Code of Federal 
Regulations is amended as follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:


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

    2. In appendix A to part 70, the entry for Idaho is amended by 
revising paragraph (a) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Idaho

    (a) Idaho Division of Environmental Quality: submitted on 
January 20, 1995, and supplemented on July 14, 1995, September 15, 
1995, and January 12, 1996; interim

[[Page 50576]]

approval effective on January 6, 1997; revisions submitted on July 
9, 1998, May 25, 1999, and March 15, 2001; full approval effective 
on November 5, 2001.
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[FR Doc. 01-24900 Filed 10-3-01; 8:45 am]
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