[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Proposed Rules]
[Pages 52666-52674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20449]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[ID-02-002; FRL-7258-7]


Approval and Promulgation of Implementation Plans; Idaho 
Designation of Areas for Air Quality Planning Purposes; Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA invites public comment on its proposal to approve numerous 
revisions to the State of Idaho Implementation Plan submitted to EPA by 
the Director of the Idaho Department of Environmental Quality (IDEQ), 
on May 17, 1994, May 11, 1995, November 21, 1996, February 28, 1997, 
December 18, 1997, April 9, 1998, May 5, 1999,

[[Page 52667]]

December 5, 2000, and May 30, 2002. The revisions were submitted in 
accordance with the requirements of section 110 and part D of the Clean 
Air Act (hereinafter the Act). EPA is taking no action in this 
rulemaking on a number of submitted rule provisions which are unrelated 
to the purposes of the implementation plan, including the Idaho 
provisions for implementing the Title V operating permit program.
    EPA also invites public comment on its proposal to revoke the total 
suspended particulates (TSP) area designations for Idaho in 40 CFR part 
81 and adjust the PM-10 area designations to conform to the 
requirements of EPA's prevention of significant deterioration (PSD) 
regulations.

DATES: Written comments must be received on or before September 12, 
2002.

ADDRESSES: Written comments should be addressed to: David C. Bray, EPA, 
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 
98101.
    Copies of the State's request and other information supporting this 
proposed action are available for inspection during normal business 
hours at the following locations: EPA, Office of Air Quality (OAQ-107), 
1200 Sixth Avenue, Seattle, Washington 98101, and State of Idaho, 
Department of Environmental Quality, 1410 North Hilton, Boise, Idaho 
83706-1255.

FOR FURTHER INFORMATION CONTACT: David C. Bray, Senior Air Pollution 
Scientist, EPA, Office of Air Quality (OAQ-107), Seattle, Washington 
98101, (206) 553-4253.

SUPPLEMENTARY INFORMATION:   

Table of Contents

I. Background
II. Discussion of SIP Submittal
    A. Description of SIP Submittals
    B. Key Changes to Idaho's SIP
    1. Excess Emissions Rules
    2. Permit to Construct Rules
    3. Tier II Permits to Operate
    4. Miscellaneous Changes
    C. Provisions Related to Emissions Trading
    D. Sulfur Dioxide Control Strategy for the Eastern Idaho 
Intrastate Air Quality Control Region
    E. Provisions Unrelated to the SIP
    F. TSP and PM-10 Area Designations
    G. Scope of Proposed Action
III. Summary of Action
IV. Administrative Requirements

I. Background

    On November 15, 1990, Congress amended the Clean Air Act (CAA) to 
require, among other things, revisions to state implementation plans 
(SIPs) to attain and maintain the National Ambient Air Quality 
Standards (NAAQS) in areas which violate those standards (nonattainment 
areas). Under the provisions of the Act, revisions to title I, part D 
(nonattainment area) new source review (NSR) rules were required to be 
submitted by June 30, 1992 for PM-10 nonattainment areas, by November 
15, 1992 for most ozone and carbon monoxide nonattainment areas, and by 
November 15, 1993 for the remainder of the ozone and carbon monoxide 
nonattainment areas. IDEQ amended its part D NSR rules on April 8, 1994 
and submitted them to EPA on May 17, 1994 as a revision to the Idaho 
SIP.
    The Clean Air Act Amendments of 1990 also established a new Title V 
which requires States to develop operating permit programs for most 
stationary sources. Although Title V operating permit programs are not 
intended to be part of the SIP, many provisions of the SIP interact 
closely with the Title V operating permit program. As such, Idaho, like 
many States, revised provisions of its SIP to facilitate and improve 
the relationship between the Idaho SIP and Title V operating permit 
program. In addition, since EPA last approved the Idaho SIP in 1993, 
Idaho has revised nearly every section of its air quality rules to some 
degree. Many of these amendments have been editorial and are 
renumberings, changes to citations for cross-referenced rules or 
statutes, changes in terminology, or grammatical corrections. Finally, 
during the 2000 legislative session, the Idaho Division of 
Environmental Quality became a separate department rather than a 
division of the Idaho Department of Health and Welfare, which remained 
a separate department. See Idaho Code sections 39-102A and 39-104. At 
the same time, IDEQ was given the SIP authorities previously held by 
the Department of Health and Welfare. See Idaho Code sections 39-108 to 
39-118D. As a result, Idaho has renumbered and recodified all of its 
air quality regulations in a new IDAPA Chapter 58. IDEQ has submitted 
these various revisions to its rules for air pollution sources to EPA 
on May 17, 1994, May 11, 1995, November 21, 1996, February 28, 1997, 
December 18, 1997, April 9, 1998, May 5, 1999, December 5, 2000, and 
May 30, 2002, as revisions to the Idaho SIP.

II. Discussion of SIP Submittal

A. Description of SIP Submittals

    On May 17, 1994, the Director of the IDEQ submitted IDAPA 16, Title 
01, Chapter 01 ``Rules for the Control of Air Pollution in Idaho'' 
(with the exception of sections 009, 010, 140 through 149, 161, 203.03, 
210, 220.05, 221.04.a.i, 222.04.b, 225, 585, 586, 587, 590, 591, and 
855 through 858), as amended on May 1, 1994, as a revision to the Idaho 
SIP. On May 11, 1995, the Director submitted amendments to IDAPA 16, 
Title 01, Chapter 01 (specifically, changes to sections 006, 008, 313, 
314, 525, 526, 527, 530, and 537; and new sections 317 and 470), as 
amended on March 3, 1995, March 7, 1995, and May 1, 1995, as revisions 
to the Idaho SIP. On November 21, 1996, the Director submitted 
amendments to IDAPA 16, Title 01, Chapter 01 (specifically, changes to 
sections 006, 130, 131, 132, 133, 134, 135, 136, 209, 220, 222, 313, 
314, and 332; and the rescission of sections 326 through 331), as 
amended on November 4, 1996, as revisions to the Idaho SIP. On February 
28, 1997, the Director submitted amendments to IDAPA 16, Title 01, 
Chapter 01 (specifically, changes to section 107), as amended on 
February 28, 1997, as revisions to the Idaho SIP. On December 18, 1997, 
the Director submitted amendments to IDAPA 16, Title 01, Chapter 01 
(specifically, changes to sections 006, 007, 125, 126, 136, 201, 202, 
205, 209, 213, 787, and 788), as amended on November 17, 1997, as 
revisions to the Idaho SIP. On April 9, 1998, the Director submitted 
amendments to IDAPA 16, Title 01, Chapter 01 (specifically, changes to 
sections 006, 008, 107, 202, 577, 579, 581, and 751), as amended on 
June 21, 1996, and amendments to IDAPA 16, title 01, chapter 01, 
section 107, as amended on February 12, 1998, as revisions to the Idaho 
SIP. On May 5, 1999, the Director submitted amendments to IDAPA 16, 
title 01, chapter 01 (specifically, changes to sections 006, 007, 008, 
107, 122, 128, 130, 131, 132 through 136, 155, 157, 160, 200, 201 
through 202, 204 through 205, 208, 209, 210, 213, 220 through 223, 401, 
402, 404, 440 through 441, 460 through 461, 511 through 513, 526 
through 527, 537, 553, 556, 560 through 561, 575, 577, 579, 580 through 
581, 590, 600, 612, 613, 625, 626, 675, 679, 681, 700, 701 through 703, 
725, 786, 824, 846, and 847), as amended on November 12, 1998 and April 
22, 1999, as revisions to the Idaho SIP. On December 5, 2000, the 
Director submitted amendments to IDAPA 16, Title 01, Chapter 01 
(specifically, changes to sections 008, 107, 128, 201, 301, 313, 586, 
and new sections 563 through 574), as amended on November 18, 1999, 
October 18, 2000, and November 9, 2000, as revisions to the

[[Page 52668]]

Idaho SIP. Note that IDAPA 16 was recodified as IDAPA 58 prior to the 
December 5, 2000 submittal. Finally, on May 30, 2002, the Director 
submitted amendments to IDAPA 58, Title 01, Chapter 01 (specifically, 
changes to sections 552, 553, 556, 558, and 561) as amended on November 
8, 2001, as revisions to the Idaho SIP.
    As discussed above, the Idaho rules have been renumbered and 
recodified and numerous editorial and technical changes have been made 
throughout. The following sections of the amended rules include 
substantive changes to the respective sections of the currently-
approved SIP: Section 107 INCORPORATION BY REFERENCE; Section 121 
COMPLIANCE REQUIREMENTS BY DEPARTMENT; Section 128 CONFIDENTIAL 
INFORMATION; Sections 130 through 136 STARTUP, SHUTDOWN, SCHEDULED 
MAINTENANCE, SAFETY MEASURES, UPSET AND BREAKDOWN; Section 157 SAMPLING 
AND ANALYTICAL PROCEDURES; Section 160 PROVISIONS GOVERNING SPECIFIC 
ACTIVITIES AND CONDITIONS; Sections 200 through 224 PROCEDURES AND 
REQUIREMENTS FOR PERMITS TO CONSTRUCT; Sections 400 through 406 
PROCEDURES AND REQUIREMENTS FOR TIER II OPERATING PERMITS; Section 440 
REQUIREMENTS FOR ALTERNATIVE EMISSION LIMITS (BUBBLES); Section 441 
DEMONSTRATION OF AMBIENT EQUIVALENCE; Section 460 REQUIREMENTS FOR 
EMISSION REDUCTION CREDIT; Section 461 REQUIREMENTS FOR BANKING 
EMISSION REDUCTION CREDITS; Sections 550 through 562 AIR POLLUTION 
EMERGENCY RULE; Section 575 AIR QUALITY STANDARDS AND AREA 
CLASSIFICATION; Section 577 AMBIENT AIR QUALITY STANDARDS FOR SPECIFIC 
AIR POLLUTANTS; Section 579 BASELINES FOR PREVENTION OF SIGNIFICANT 
DETERIORATION; Section 580 CLASSIFICATION OF PREVENTION OF SIGNIFICANT 
DETERIORATION AREAS; and Section 581 PREVENTION OF SIGNIFICANT 
DETERIORATION INCREMENTS.
    The amended rules also include the following new sections which are 
revised and recodified provisions from the previous rules: Section 005 
DEFINITIONS; Section 006 GENERAL DEFINITIONS; Section 007 DEFINITIONS 
FOR THE PURPOSES OF SECTIONS 200 THROUGH 225 AND 400 THROUGH 461; and 
Section 700 PARTICULATE MATTER--PROCESS WEIGHT LIMITATIONS.
    The amended rules include the following entirely new sections: 
Section 002 WRITTEN INTERPRETATIONS; Section 003 ADMINISTRATIVE 
APPEALS; Section 004 CATCHLINES; Section 106 ABBREVIATIONS; Section 008 
DEFINITIONS FOR PURPOSES OF SECTIONS 300 THROUGH 387; Section 122 
INFORMATION ORDERS BY THE DEPARTMENT; Section 123 CERTIFICATION OF 
DOCUMENTS; Section 124 TRUTH, ACCURACY AND COMPLETENESS OF DOCUMENTS; 
Section 125 FALSE STATEMENTS; Section 126 TAMPERING; Section 213 PRE-
PERMIT CONSTRUCTION, Sections 300 through 387 PROCEDURES AND 
REQUIREMENTS FOR TIER I OPERATING PERMITS; Section 470 PERMIT 
APPLICATION FEES FOR TIER II PERMITS; Sections 563 through 574 
TRANSPORTATION CONFORMITY; Section 582 INTERIM CONFORMITY PROVISIONS 
FOR NORTHERN ADA COUNTY FORMER NONATTAINMENT AREA; Section 681 TEST 
METHODS AND PROCEDURES; and Section 703 PARTICULATE MATTER--OTHER 
PROCESSES. Finally, the amended rules delete the following sections of 
the current EPA-approved SIP: Section 01.01001 POLICY; Section 
01.01052.03 CRITERIA FOR DEFINING EPISODE STAGES; Section 01.01503 
DESIGN STANDARDS; Sections 01.01551 to 01.01553 RULES FOR CONTROL OF 
MOTOR VEHICLES; Section 01.01996 ADMINISTRATIVE PROVISIONS; Section 
01.01998 INCLUSIVE GENDER AND NUMBER; and Section 01.01999 
SEVERABILITY.

B. Key Changes to Idaho's SIP

    Included in the docket for this SIP action is a table showing all 
of the provisions of IDAPA Chapter 16, now codified at IDAPA Chapter 
58, and showing the type of change made to the provisions (e.g., new 
section, amended, editorial change, unchanged, relocated, deleted). The 
table also indicates those provisions that were not submitted by IDEQ 
as part of a SIP revision and those provisions that were submitted as 
part of a SIP revision but on which EPA is taking no action. For 
example, several provisions or parts of IDEQ's air rules are not 
designed to attain and maintain the NAAQS, but instead are designed to 
implement other CAA programs, such as the Title V air operating permits 
program, New Source Performance Standards (NSPS), and National 
Emissions Standards for Hazardous Air Pollutants (NESHAPs), or are 
designed to implement other provisions of State law, and are not 
appropriate for inclusion in the SIP.
    In addition, the docket includes a Technical Support Document 
(TSD), which describes in more detail the substantive changes to the 
Idaho rules that have been submitted by Idaho as revisions to the SIP, 
EPA's evaluation of how these rules comply with EPA's minimum 
requirements for SIPs, and the basis for EPA's proposed action. A 
summary of the key changes to Idaho's rules and EPA's proposed action 
follows.
1. Excess Emissions Rules
    IDEQ has substantially revised its provisions addressing excess 
emissions attributable to startup, shutdown, scheduled maintenance, 
safety measures, upset, and breakdown. Previously, excess emissions due 
to such events were not deemed to be violations if such events were 
promptly reported and reasonable corrective actions were taken with all 
practicable speed. As revised, sections 130 to 136 establish procedures 
and requirements that must be followed in all cases of excess emissions 
due to such events, including the filing of procedures to be taken to 
minimize emissions, prompt reporting of excess emissions, and taking 
prompt corrective action. Idaho's rules make clear, however, that 
emissions in excess of emission limits are considered violations and 
are not automatically excused. Instead, section 131 contains criteria 
to be used in determining whether the Department should take 
enforcement action to impose penalties for excess emissions due to such 
events. EPA believes Idaho's provisions for excess emissions are 
consistent with EPA's interpretation of the CAA, as set forth in a 
guidance document EPA issued to States regarding excess emissions 
during startup, shutdown, and malfunctions. See Memorandum from Steven 
A. Herman, Assistant Administrator for Enforcement and Compliance 
Monitoring, and Robert Perciasepe, Assistant Administrator for Air And 
Radiation, to the Regional Administrators, entitled ``State 
Implementation Plans: Policy Regarding Excess Emissions During 
Malfunctions, Startup, and Shutdown'' (September 20, 1999).
2. Permit to Construct Rules
    EPA is proposing to approve those portions of IDAPA 58, Title 01, 
Chapter 01 that relate to the permitting of new and modified stationary 
sources (specifically, Section 000. LEGAL AUTHORITY; Section 002. 
WRITTEN INTERPRETATIONS; Section 003. ADMINISTRATIVE APPEALS; Section 
006. DEFINITIONS; Section 007

[[Page 52669]]

DEFINITIONS FOR THE PURPOSES OF SECTIONS 200 THROUGH 225 AND 400 
THROUGH 461; Section 107. INCORPORATIONS BY REFERENCE, subsections 
.03.a., 03.e., .03.f., and .03.i.; Sections 200 through 222. PROCEDURES 
AND REQUIREMENTS FOR PERMITS TO CONSTRUCT (except for subsection 
222.03); Section 460. REQUIREMENTS FOR EMISSION REDUCTION CREDIT; 
Section 461. REQUIREMENTS FOR BANKING EMISSION REDUCTION CREDITS 
(ERC'S); Sections 510 through 516. STACK HEIGHTS AND DISPERSION 
TECHNIQUES; Section 578. DESIGNATION OF ATTAINMENT, UNCLASSIFIABLE, AND 
NONATTAINMENT AREAS; Section 579. BASELINES FOR PREVENTION OF 
SIGNIFICANT DETERIORATION; Section 580. CLASSIFICATION OF PREVENTION OF 
SIGNIFICANT DETERIORATION AREAS; and Section 581. PREVENTION OF 
SIGNIFICANT DETERIORATION INCREMENTS).
    The current SIP-approved permit to construct rules have been 
amended throughout, primarily to bring them up to date with EPA's 
current regulations, to make them more consistent with EPA requirements 
for construction permits, and to make them more consistent with the 
Title V operating permit program. The majority of the amendments 
involve the permit to construct provisions for major stationary sources 
and major modifications (the prevention of significant deterioration 
(PSD), nonattainment area (part D), and visibility protection 
programs). Changes have been made to the applicability provisions 
(section 201), application requirements (section 202), permit 
requirements for new major facilities and major modifications in 
nonattainment areas (section 204), permit requirements for new major 
facilities and major modifications in attainment or unclassifiable 
areas (section 205), requirements for emission reduction credit 
(section 207), demonstration of net air quality benefit (section 208), 
procedures for issuing permits (section 209), and conditions for 
permits to construct (section 211). EPA has reviewed these amendments 
and finds them to be consistent with the requirements of EPA's 
regulations, specifically, 40 CFR 51.160 through 51.164 for minor 
source construction permits, 40 CFR 51.165 for nonattainment area (part 
D) permits, 40 CFR 51.166 for PSD permits, and 40 CFR 51.301 and 51.307 
for visibility protection permits to construct.
    Two new provisions of the Idaho permit to construct rules, however, 
require specific consideration--Section 213. PRE-PERMIT CONSTRUCTION, 
and sections 220 through 222, which provide exemptions from the minor 
source permits-to-construct rules.
    Construction Prior to Final Permit Issuance. Section 213, entitled 
``Pre-Permit Construction,'' allows construction to commence on certain 
non-major sources and non-major modifications prior to receiving a 
final permit to construct, provided certain conditions are met. EPA 
believes that this provision is consistent with the requirements of 
section 110(a)(2)(C) of the CAA and 40 CFR 51.160, including 40 CFR 
51.160(b), which requires States to have legally enforceable procedures 
to prevent construction or modification of a source if it would violate 
any SIP control strategies or interfere with attainment or maintenance 
of the NAAQS. Idaho's ``Pre-Permit Construction'' provision has 
numerous requirements and safeguards to ensure that no major source or 
major modification would be allowed to commence construction prior to 
receiving its final permit to construct. Furthermore, Idaho's rule does 
not allow sources which propose to ``net out'' of major NSR, use 
offsets to mitigate unacceptable ambient impacts, or which could impact 
a Class I area, to commence construction prior to receiving final 
permits. The provision also includes numerous requirements which are 
intended to limit its applicability to sources which have sufficiently 
demonstrated that they will be able to comply with all requirements and 
therefore will be able to receive a final permit to construct. These 
include more comprehensive and rigorous permit applications (including 
dispersion modeling meeting EPA's Guideline for Air Quality Models) 
than would normally be required of minor sources and minor 
modifications; a requirement to hold a public meeting in the community; 
and written approval of the Department before it can commence 
construction on this provision. Importantly, the provision precludes 
any actual operation of the new or modified source before the final 
permit to construct is issued. Finally, the provision includes language 
intended to prevent sources from making equitable arguments should the 
final permit be denied, or include conditions inconsistent with the 
application to construct. The provision also makes it clear that if the 
permit is ultimately denied, the source has been in violation of the 
requirement to have a permit from the date that it actually commenced 
construction. It is important to note that Idaho does not have a 
requirement for a case-by-case control technology determination (e.g., 
BACT) for new or modified minor sources, so the likelihood of equity in 
the ground arguments are significantly reduced.
    Idaho's ``Pre-Permit Construction'' provision would allow sources 
which are requesting limits on their potential to emit (PTE) (both 
greenfield sources proposing to be synthetic minors and existing 
sources proposing to limit the PTE of a modification) to commence 
construction prior to receiving final permits to construct. Under the 
terms of this provision, the written approval issued by IDEQ is an 
administrative action that makes the PTE limits requested by the source 
enforceable by the State. However, since the written approval is not a 
final permit to construct and has not been through the public notice 
and comment process, it is not federally enforceable. But because 
Federal law does not currently require that PTE limits be federally 
enforceable to be effective in limiting a source's potential to emit, 
EPA believes that this aspect of the Idaho provision meets EPA's 
current requirements. (Note that permits to construct issued under the 
EPA-approved Idaho rules are federally enforceable in accordance with 
section 113 of the Act.)
    Although this provision is somewhat different than the traditional 
minor new source review programs in most States, EPA believes it is 
consistent with the requirements of the CAA and EPA's regulations, and 
is therefore approvable as a SIP revision. Section 110(a)(2)(C) of the 
CAA requires that State SIPs include a program for regulating the 
construction and modification of stationary sources as necessary to 
ensure that the NAAQS are achieved. This Idaho provision clearly 
regulates the construction and modification of stationary sources and 
ensures that the NAAQS will be met for any source which is allowed to 
commence construction prior to obtaining a final permit to construct.
    In addition, EPA's regulations do not require the issuance of a 
permit for the construction or modification of minor sources, but only 
that the SIP include a procedure to prevent the construction of a 
source or modification that would violate the SIP control strategy or 
interfere with attainment or maintenance of the NAAQS. SIP minor NSR 
programs in several States do not require permits prior to 
construction, but instead require sources to submit a notice and 
authorize sources to begin construction after a specified time if the 
permitting authority does not issue an order preventing construction. 
As discussed above, this Idaho provision

[[Page 52670]]

includes enforceable procedures to prevent the construction of any 
source or modification that would violate SIP requirements or the NAAQS 
because a source cannot begin actual construction unless it has 
received an approval from the State in the form of either a written 
approval under this provision or an actual permit to construct. In 
fact, the permit application requirements of Idaho's ``Pre-Permit 
Construction'' provision are more stringent than those of Idaho's 
general minor NSR provisions, and sources which utilize this pre-permit 
construction provision must meet a higher hurdle than other minor NSR 
permit applicants in Idaho in demonstrating that they comply with all 
requirements.
    While EPA has some concerns regarding the implementation of this 
provision, it nevertheless meets EPA's requirements for a minor source 
permit to construct rule. However, in order to ensure that sources do 
not inappropriately begin construction using this provision, EPA is 
proposing to approve this rule with the condition that IDEQ submit to 
EPA, within five (5) working days of issuance, copies of all written 
approvals, draft permits, and final permits for sources which utilize 
this provision. EPA specifically invites comments on the 
appropriateness of approving this provision into the Idaho SIP.
    ``De Minimis'' Exemptions from minor NSR. The Idaho permit to 
construct rules exempt non-major sources from permitting requirements 
if they meet all of several criteria. These criteria are:
    (1) The source's uncontrolled potential to emit must be less than 
100 tpy (section 220.01.a.i);
    (2) the source's uncontrolled potential to emit must not increase 
emissions of a major facility by more than the significant emission 
rates (section 220.01.a.ii);
    (3) the modeled impact of the source's uncontrolled potential to 
emit must not cause or contribute to a NAAQS violation (section 
220.01.a.iii);
    (4) the source cannot be part of a new major facility or a major 
modification of an existing major facility (section 220.01.b); and
    (5) either the controlled potential emissions must be ``below 
regulatory concern,'' which is generally defined as less than 10% of 
the significant emission rates (section 221) or the source must be on a 
list of categorically exempt sources (section 222).
    EPA believes States may exempt from minor new source review certain 
categories of changes based on de minimis or administrative necessity 
grounds in accordance with the criteria set out in Alabama Power Co. v. 
Costle, 636 F.2d 323 (D.C. Cir. 1979). De minimis sources are presumed 
not to have an impact and their emissions would not prevent or 
interfere with attainment of the NAAQS, even within nonattainment 
areas. Criteria (1), (2), (4), and (5) set forth above are generally 
consistent with the approaches used by other States to exempt minor 
sources and minor modifications from permit to construct requirements. 
These provisions are intended to ensure that all major sources and 
major modifications are subject to permit to construct requirements and 
that only de minimis sources are exempted.
    Criteria (3) and one aspect of criteria (5), however, merit further 
discussion. Criteria (3), section 220.01.a.iii. requires that, to be 
exempt from minor NSR permitting in Idaho, the modeled impact of the 
source's uncontrolled potential to emit will not cause or contribute to 
a NAAQS violation. A requirement to conduct modeling is usually an 
element of the permitting process, subject to review by the permitting 
authority, and is not typically included as a criteria that a source 
must meet to qualify for an exemption from the permitting process. 
Because this criteria is included in an exemption determination that is 
made in the first instance by the source, the determination of whether 
a source needs a permit depends in part on the source's own analysis of 
whether it would cause a NAAQS violation--that is, a source that 
determines that it will not cause an air quality problem and which 
meets the other four criteria, does not need to apply for a permit to 
construct.
    Idaho indicates that the purpose of this modeling provision is to 
ensure that sources which would individually have de minimis impacts do 
not in fact cause or contribute to violations when located in or near 
areas which are marginally attaining the NAAQS. Idaho notes that 
sources which meet all of the other criteria would normally qualify as 
de minimis and could be exempted completely from minor NSR without 
having to model compliance with NAAQS prior to being exempted.
    EPA has carefully reviewed the list of categorically exempt sources 
and the ``below regulatory concern'' levels in sections 221, 222.01, 
and 222.02 and believes that these categories and levels are consistent 
with what has been approved elsewhere for purposes of exempting de 
minimis sources from minor NSR requirements. As a result, Idaho's 
requirement for self-modeling as an additional exemption criterion only 
further narrows exemption provisions which would be approvable even 
without the modeling provision. EPA proposes to approve this provision 
as part of Idaho's SIP. However, EPA feels that it is important to 
point out that this provision establishes a federally-enforceable 
requirement and that sources are subject to EPA enforcement or citizen 
suit if they fail to perform the necessary modeling and/or keep 
adequate records.
    With respect to criteria (5), EPA is concerned with section 222.03, 
a provision which allows Idaho to add individual sources to the 
categorical insignificant list without rulemaking or SIP revision. 
Idaho has explained that the purpose of section 222.03 is to be able to 
exempt individual sources which meet criteria (1) through (4) above, 
but may marginally exceed the ``below regulatory concern'' levels and 
whose source categories were not evaluated at the time of rulemaking 
for inclusion on the list of categorically insignificant sources. EPA 
does not believe that section 222.03 is approvable. CAA section 
110(a)(2)(C) and 40 CFR 51.160(a) require the State to develop legally 
enforceable procedures to review new and modified sources. In addition, 
40 CFR 51.160(e) specifically requires the SIP to identify the types 
and sizes of sources which are subject to review under the State's new 
source review program. A provision which authorizes the State to grant 
additional exemptions without a SIP revision is contrary to the 
requirements of the CAA and its implementing regulations. Section 
110(i) of the CAA specifically precludes States from changing the 
requirements of the SIP except through SIP revisions approved by EPA. 
SIP revisions will be approved by EPA only if they meet all 
requirements of section 110 of the CAA and the implementing regulations 
at 40 CFR part 51. See CAA section 110(l); 40 CFR 51.104. The 
``director's discretion'' provision of section 222.03 does not meet all 
of the requirements of section 110 of the CAA. Therefore, it is not 
appropriate for EPA to approve this provision into the SIP. It is 
important to emphasize that even if IDEQ determines to exempt a source 
from new source review under the authority of section 222.03, the 
source is not exempt from new source review as a matter of Federal law 
unless and until the exemption has been approved by EPA as a source-
specific SIP revision.
3. Tier II Permits To Operate
    The Idaho SIP currently includes a permit to operate program in 
Section 01.01012 PROCEDURES AND REQUIREMENTS FOR PERMITS TO CONSTRUCT 
AND OPERATING

[[Page 52671]]

PERMITS (12/31/91) which has been approved by EPA as a federally-
enforceable State operating permit (FESOP) program. This permit to 
operate program is applicable to all stationary sources and facilities. 
In May 1, 1994, Idaho revised its permit to operate program to 
implement the title V operating permits program. In this revision, 
Idaho adopted two separate operating permit programs: Idaho's title V 
program (called ``Tier I'' operating permits) and a program which 
contained much of the previous permits to operate program (called 
``Tier II'' operating permits). This Tier II operating permits program 
differs from the previous program in a number of ways. Idaho revised 
the applicability of the program so that some provisions do not apply 
to Tier I sources, made the Tier II operating permit program separate 
from the previously consolidated permit to construct and operating 
permit format, and added a requirement for Tier II permit application 
fees.
    The Tier II operating permit program applies to sources in four 
circumstances. Each of these circumstances, and EPA's proposed action 
on them, is discussed in detail below.
    Section 401.01 provides a mechanism for sources not subject to 
Title V operating permits to apply for an enforceable operating permit 
in order to:
    (1) Authorize the use of an alternative emission limit (bubble) 
pursuant to section 440;
    (2) authorize the use of an emission offset pursuant to sections 
204 or 206;
    (3) authorize the use of a potential to emit limitation, an 
emission reduction, or a netting transaction to exempt a facility or 
modification from permit to construct requirements;
    (4) authorize the use of a potential to emit limitation to exempt a 
facility from Title V; or
    (5) bank an emission reduction credit pursuant to section 461.
    All of these are the types of actions EPA envisioned when setting 
forth the requirements for a SIP-approved federally-enforceable 
operating permit program (FESOP) (See 54 FR 27281, June 28, 1989) and 
SIP-approved generic bubble rules (See 51 FR 43814, December 4, 
1986).\1\ However, as noted below, EPA is proposing to take no action 
on section 440, Idaho's bubble rule. Therefore, EPA is proposing to 
approve section 401.01 with the exception of subsection 401.01.a, a 
provision which implements Idaho's bubble rule.
---------------------------------------------------------------------------

    \1\ Note that sections 204, 206, 440, 460, 461, and the 
definition of ``net emission increase'' authorize the Department to 
create new requirements directly in the Title V (Tier I) operating 
permit for subject sources. After EPA approval of sections 204, 206, 
460, 461 and the definition of ``net emission increase'' into the 
Idaho SIP, terms and conditions in Title V (Tier I) operating 
permits that are created under the authority of these sections will 
be federally-enforceable. Since EPA is not proposing to approve 
section 440 into the SIP, terms and conditions created under the 
authority of that section will need to be identified in the Title V 
(Tier I) operating permit as state-enforceable only until such time 
as those terms and conditions are submitted to, and approved by, EPA 
as a source-specific revision to the Idaho SIP.
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    Section 401.02 only applies to non-Title V sources that have 
already received permits to construct under the SIP-approved rules. 
However, the Tier II rules do not include any provisions indicating 
what is to be included in the Tier II operating permit for such 
sources. EPA notes that Section 209.04 Revision of Permits to Construct 
states that permits to construct can only be revised using the 
procedures in section 209 and that a revised permit to construct must 
continue to comply with the requirements of sections 200 to 223. In 
addition, under the Clean Air Act and EPA regulations, a permit to 
construct is a permanent element of the SIP and cannot be superseded by 
an operating permit. Therefore, EPA is proposing to approve this 
section based on the understanding that it would be used only to 
establish requirements in addition to those contained in existing 
permits to construct and that section 404.04 (Permit Revision or Permit 
Renewal) cannot be used to revise terms and conditions of permits to 
construct. Such revisions would be done under the authority of section 
209.04. This could be done through a single permit that is issued under 
the authority of section 400 as well as under the authority of sections 
200 to 223.
    Section 401.03.a. authorizes the Department to issue a Tier II 
operating permit to any source when emission reductions are necessary 
to attain or maintain any ambient air quality standard or applicable 
PSD increment. Although a Tier II operating permit is an appropriate 
State mechanism for creating new enforceable requirements, it does not 
alleviate the need for a source-specific SIP revision in certain 
situations. The Act and EPA regulations specifically require the SIP to 
be revised whenever a violation of the NAAQS or PSD increment is found 
(See section 110(a)(2)(H) of the Act and 40 CFR 51.166(a)(3) of EPA's 
regulations). Therefore, EPA is proposing to approve this section with 
the understanding that the emission limits and other conditions 
contained in Tier II operating permits issued under this section will 
continue to be submitted to EPA for approval when they are submitted as 
parts of a control strategy for a nonattainment or maintenance area or 
in response to a finding of violation of a NAAQS or PSD increments.
    Section 401.03.b. authorizes the Department to impose specific 
emission standards, or requirements on operation or maintenance, on any 
source as necessary to ensure compliance with any applicable emission 
standard or rule. EPA understands that this section will be used to 
impose requirements in addition to those already applicable to the 
source and not to change any applicable requirement. The Idaho rules 
include section 406. OBLIGATION TO COMPLY, which states that 
``Receiving a Tier II operating permit shall not relieve any owner or 
operator of the responsibility to comply with all applicable local, 
state and Federal rules and regulations.'' This is consistent with 
EPA's requirements for approvable FESOP programs which state that a 
program must ``requires(s) that all emissions limitations, controls, 
and other requirements imposed by such permits will be at least as 
stringent as any other applicable limitations and requirements 
contained in the SIP or enforceable under the SIP, and that the program 
may not issue permits that waive, or make less stringent, any 
limitations or requirements contained in or issued pursuant to the SIP, 
or that are otherwise federally enforceable'' (54 FR 27282). Based on 
this understanding, EPA is proposing to approve this section of the 
Tier II operating permit rule.
    Section 401.04 authorizes the Department to issue a Tier II 
operating permit to any source that includes a future compliance date 
(e.g., a compliance extension) for any provision of the Idaho rules. 
The section, however, conditions the issuance of such permit upon the 
approval of the EPA. EPA regulations specifically require that 
compliance date extensions be submitted to and approved by EPA as 
revisions to the SIP (See 40 CFR part 51 subpart N--Compliance 
Schedules and 40 CFR 51.104(b)). Since section 401.04 specifically 
requires the approval of EPA, and EPA's regulations require such 
approval to be accomplished through a SIP revision, EPA is proposing to 
take no action on this section. Tier II operating permits containing 
compliance schedules will become federally-enforceable upon EPA 
approval of each individual permit as a revision to the Idaho SIP.
    The Tier II operating permit rules also include a section on permit 
applications (Section 402. APPLICATION

[[Page 52672]]

PROCEDURES), a requirement that the Department not issue a permit 
unless the source would comply with all applicable local, State or 
Federal emission standards, and not cause or significantly contribute 
to a NAAQS violation (Section 403. PERMIT REQUIREMENTS FOR TIER II 
SOURCES), procedures for issuing, revising and renewing permits, 
including the opportunity for public comment (Section 404. PROCEDURES 
FOR ISSUING PERMITS), requirements for permit content (Section 405. 
CONDITIONS FOR TIER II OPERATING PERMITS), and a provision which states 
that receiving a Tier II operating permit shall not relieve any source 
or operator of the responsibility to comply with all applicable local, 
state and Federal rules and regulations (Section 406. OBLIGATION TO 
COMPLY).
    EPA has evaluated the Idaho Tier II operating permit program and 
has determined that, with the exceptions noted above, it continues to 
comply with EPA's requirements for federally-enforceable State 
operating permit programs as set forth in the June 28, 1989 Federal 
Register (54 FR 27281). EPA is, therefore, proposing to approve the 
Tier II operating permit program (including Section 007 DEFINITIONS FOR 
THE PURPOSES OF SECTIONS 200 THROUGH 225 AND 400 THROUGH 461; Sections 
400 through 406. PROCEDURES AND REQUIREMENTS FOR TIER II OPERATING 
PERMIT (except that EPA is taking no action on subsection 401.01.a. and 
section 401.04); and Section 470. PERMIT APPLICATION FEES FOR TIER II 
PERMITS) into the Idaho SIP as a federally-enforceable State operating 
permit program. The effect of this approval will be that emission 
limitations and other provisions contained in Optional Tier II 
operating permits (except for Tier II operating permits that authorize 
the use of alternative emission limits (bubbles) under subsection 
401.01.a or that authorize future compliance dates under section 
401.04) shall be applicable requirements of the Federally-approved 
Idaho SIP (in addition to any other provisions) for the purposes of 
section 113 of the CAA and shall be enforceable by EPA and by any 
person in the same manner as other requirements of the SIP. Alternative 
emission limits and future compliance dates in Tier II operating 
permits will not change the otherwise applicable requirements of the 
Idaho SIP until such time as they are submitted to, and approved by, 
EPA as source-specific SIP revisions.
4. Miscellaneous Changes
    There are numerous amendments to the existing rules, including 
renumbering and reordering the rules, and technical changes for 
clarification and improving the enforceability of existing emission 
limits. These are mainly administrative in nature to conform the 
existing sections to current State statutes and to other provisions of 
IDAPA 58. EPA finds these changes to be consistent with EPA's 
requirements and proposes to approve the rules as amended.
    EPA is also proposing to approve the rescission of several rules, 
specifically Section 01.01001 POLICY; Section 01.01052.03 CRITERIA FOR 
DEFINING EPISODE STAGES; Section 01.01503 DESIGN STANDARDS (for 
incinerators); Sections 01.01551 to 01.01553 RULES FOR CONTROL OF MOTOR 
VEHICLES; Section 01.01996 ADMINISTRATIVE PROVISIONS; Section 01.01998 
INCLUSIVE GENDER AND NUMBER; and Section 01.01999 SEVERABILITY. EPA has 
reviewed these changes and finds them to be unnecessary for purposes of 
the SIP and therefore approvable.

C. Provisions Related to Emissions Trading

    EPA is proposing to take no action on certain provisions relating 
to the trading of emissions, specifically Section 440. REQUIREMENTS FOR 
ALTERNATIVE EMISSION LIMITS (BUBBLES) and Section 441. DEMONSTRATION OF 
AMBIENT EQUIVALENCE. The Idaho ``bubble'' rules provide authority to 
IDEQ to approve source-specific alternative emission limits when 
certain conditions are met (e.g., no plant-wide increase in emissions 
and a demonstration of ambient equivalence). However, the Idaho rules 
do not require DEQ to ensure that all of the requirements of section 
110 of the CAA are met (e.g., visibility impairment in Class I areas) 
when it approves a bubble. Nor do the Idaho rules comply with the 
guidelines set forth in EPA's Final Emissions Trading Policy Statement 
(51 FR 43814, December 4, 1986) for ``generic'' bubble rules (e.g., the 
rules do not limit generic trades to just VOC or de minimis amounts, 
nor do they include replicable procedures for demonstrating ambient 
equivalence).
    SIP rules and standards are relied on to attain and maintain the 
NAAQS. Section 110(i) of the CAA specifically precludes States from 
changing the requirements of the SIP except through SIP revisions 
approved by EPA. SIP revisions will be approved by EPA only if they 
meet all requirements of section 110 of the CAA and the implementing 
regulations at 40 CFR part 51. See CAA section 110(l); 40 CFR 51.104. 
As discussed above, Idaho's ``bubble'' rules do not meet all of the 
requirements of section 110 of the CAA. Therefore, it is not 
appropriate for EPA to approve sections 440 and 441 into the Idaho SIP. 
Moreover, there is no requirement for the SIP to include bubble rules--
they are an optional element of a State program and EPA has indicated 
that it will approve them into the SIP only if they meet the 
requirements of the Final Emissions Trading Policy Statement.
    It is important to emphasize that even if DEQ approves an 
alternative emission limit for a State air regulation, which regulation 
has been approved as part of the Idaho SIP, EPA is not precluded from 
enforcing the federally-approved SIP limit against the source. The 
approval of an alternative emission limit to a SIP requirement by DEQ 
does not change the federally-enforceable SIP requirement for that 
source unless and until the alterative emission limit has been approved 
by EPA as a source-specific SIP revision.

D. Sulfur Dioxide Control Strategy for the Eastern Idaho Intrastate Air 
Quality Control Region

    Idaho has made numerous changes to Sections 845 through 848 RULES 
FOR CONTROL OF SULFUR OXIDE FROM SULFURIC ACID PLANTS. Although the 
numerical limits have not been changed, the rules have been revised to 
improve their clarity and enforceability. Specifically, where needed, 
source test methods and averaging periods have been specified.
    EPA is proposing to approve these revisions. This proposed 
approval, however, does not affect or change EPA's previous disapproval 
of the Idaho SIP with respect to its adequacy to attain and maintain 
the NAAQS for sulfur dioxide in the Eastern Idaho Intrastate Air 
Quality Control Region (see 40 CFR 52.675(a)(1) and (2)), nor does it 
affect or change the source-specific Federal regulations at 40 CFR 
52.675(b) that EPA promulgated in response to that disapproval.

E. Provisions Unrelated to the SIP

    EPA is proposing to take no action on certain provisions that are 
not related to the criteria pollutants regulated under title I of the 
CAA or to the requirements for SIPs under section 110 of the Act. 
Specifically, EPA is proposing to take no action on the provisions 
related to Idaho's title V operating permit program (Section 008. 
DEFINITIONS FOR THE PURPOSES OF SECTIONS 300 THROUGH 387; Sections 300 
through

[[Page 52673]]

387. PROCEDURES AND REQUIREMENTS FOR TIER I OPERATING PERMITS; Sections 
525 through 538. REGISTRATION AND REGISTRATION FEES); those provisions 
related to EPA regulations adopted by the State (Section 107. 
INCORPORATION BY REFERENCE, paragraphs 03.v. through 03.aa.), and those 
provisions which regulate pollutants other than criteria pollutants 
(Section 577.07 FLOURIDES; Section 586. TOXIC AIR POLLUTANT 
CARCINOGENIC INCREMENTS; Sections 750 and 751. RULES FOR CONTROL OF 
FLUORIDE EMISSIONS; Sections 775 and 776. RULES FOR CONTROL OF ODORS; 
Section 818. RECOVERY FURNACE STANDARDS; Section 819. RECOVERY FURNACE 
TRS STANDARDS; Section 820. DIGESTER AND EVAPORATOR STANDARDS; Section 
824.01. Continuous Monitoring Requirements; Sections 835 through 839. 
RULES FOR CONTROL OF RENDERING PLANTS).

F. TSP and PM-10 Area Designations

    In this rulemaking, EPA is also proposing to delete the total 
suspended particulates (TSP) area designations for Idaho in 40 CFR 
81.313 and to adjust the PM-10 area designations in 40 CFR 81.313 to 
preserve the particulate matter minor source baseline dates as required 
by EPA's regulations (see 58 FR 31635, June 3, 1993) and section 
579.01.d of the Idaho rules. In the June 3, 1993 Federal Register, EPA 
indicated that it would leave the current TSP designations in place 
until such time as each SIP replaced the TSP increments with PM-10 
increments and ensured that any minor source baseline dates for TSP 
would be preserved for PM-10 areas. The Idaho rules now include PM-10 
increments and provisions ensuring that any minor source baseline dates 
for particulate matter remain in effect.

G. Scope of Proposed Action

    Idaho has not demonstrated authority to implement and enforce IDAPA 
Chapter 58 within ``Indian Country'' as defined in 18 U.S.C. 1151.\2\ 
Therefore, EPA proposes that this SIP approval not extend to ``Indian 
Country'' in Idaho. See CAA sections 110(a)(2)(A) (SIP shall include 
enforceable emission limits), 110(a)(2)(E)(i) (State must have adequate 
authority under State law to carry out SIP), and 172(c)(6) 
(nonattainment SIPs shall include enforceable emission limits). This is 
consistent with EPA's previous approval of Idaho's PSD program, in 
which EPA specifically disapproved the program for sources within 
Indian Reservations in Idaho because the State had not shown it had 
authority to regulate such sources. See 40 CFR 52.683(b). It is also 
consistent with EPA's approval of Idaho's title V air operating permits 
program. See 61 FR 64622, 64623 (December 6, 1996) (interim approval 
does not extend to Indian Country); 66 FR 50574, 50575 (October 4, 
2001) (full approval does not extend to Indian Country).
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    \2\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1) 
all land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through 
the reservation, (2) all dependent Indian communities within the 
borders of the United States, whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a State, and (3) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same. Under this definition, EPA treats 
as reservations trust lands validly set aside for the use of a Tribe 
even if the trust lands have not been formally designated as a 
reservation. In Idaho, Indian country includes, but is not limited 
to, the Coeur d'Alene Reservation, the Duck Valley Reservation, the 
Reservation of the Kootenai Tribe, the Fort Hall Indian Reservation, 
and the Nez Perce Reservation as described in the 1863 Nez Perce 
Treaty.
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III. Summary of Action

    EPA is soliciting public comment on its proposed approval of 
revisions to the State of Idaho Implementation Plan. Specifically, EPA 
is proposing to approve all of the amendments to the Rules for the 
Control of Air Pollution in Idaho as submitted by the Director of the 
IDEQ on May 17, 1994, May 11, 1995, November 21, 1996, February 28, 
1999, December 18, 1997, April 9, 1998, May 5, 1999, December 5, 2000, 
and May 30, 2002, except that EPA is proposing to take no action on 
section 008; subsections 107.03.v. through aa; section 222.03; sections 
300 through 387; sections 440 and 441; sections 525 through 538; 
section 577.07; section 586; sections 750 and 751; sections 775 and 
776; section 818; section 819; section 820; section 824.01; and 
sections 835 through 839.\3\ EPA approved section 204 on April 17, 2001 
(66 FR 19722) and sections 563 through 574 and section 582 on April 12, 
2001 (66 FR 18873).
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    \3\ Sections 009, 010, 140 through 149, 161, 203.03, 210, 
220.05, 221.04.a.i, 222.04.b, 225, 585, 586, 587, 590, 591, and 855 
through 858 were not submitted for inclusion in the Idaho SIP. In 
addition, Section 710 PARTICULATE MATTER--PROCESS EQUIPMENT EMISSION 
LIMITATIONS ON OR AFTER JULY 1, 2000, which was submitted to EPA on 
December 5, 2000, was returned to the State as incomplete, so it is 
not before EPA to act on at this time.
---------------------------------------------------------------------------

    EPA is also proposing to delete the total suspended particulates 
(TSP) area designations for Idaho in 40 CFR 81.313 and to adjust the 
PM-10 area designations in 40 CFR 81.313.
    Interested parties are invited to comment on all aspects of this 
proposed approval. Comments should be submitted to the address listed 
in the front of this document. Written comments received by September 
12, 2002 will be considered in the final rulemaking action taken by 
EPA.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4).
    This proposed 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 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety

[[Page 52674]]

Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 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 SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission 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. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
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.

    Dated: August 2, 2002.
L. John Iani,
Regional Administrator, Region 10.
[FR Doc. 02-20449 Filed 8-12-02; 8:45 am]
BILLING CODE 6560-50-P