[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Rules and Regulations]
[Pages 2217-2227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-856]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[ID-02-002; FRL-7422-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action 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, 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 is also taking final action to revoke the total suspended 
particulates (TSP) area designations for Idaho and to adjust the PM-10 
area designations to conform to the requirements of EPA's prevention of 
significant deterioration (PSD) regulations.

DATES: Effective February 18, 2003.

ADDRESSES: Copies of the State's request and other supporting 
information used in developing this 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. Interested persons wanting to examine 
these documents should make an appointment with the appropriate office 
at least 24 hours before the visiting day. A reasonable fee may be 
charged for copies.

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:

I. Background

    On November 15, 1990, Congress amended the Clean Air Act 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), including revisions to title I, part D new source review (NSR). 
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.
    Idaho also revised provisions of its SIP to facilitate and improve 
the relationship between the Idaho SIP and its regulations implementing 
the

[[Page 2218]]

operating permit program under title V of the Act. 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 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.
    On August 13, 2002, EPA solicited public comment on a proposal to 
approve all of the revisions submitted by IDEQ, except identified 
provisions on which EPA proposed to take no action.\1\ EPA also 
requested public comment on its proposal to delete the TSP area 
designations for Idaho in 40 CFR 81.313 and to adjust the PM-10 area 
designations in 40 CFR 81.313. See 67 FR 52666 (August 13, 2002).
---------------------------------------------------------------------------

    \1\ Included in the docket for the proposal and this final 
action is a table showing all of the provisions of IDAPA chapter 16, 
now codified at IDAPA chapter 58; the type of change made to the 
provisions (e.g., new section, amended, editorial change, unchanged, 
relocated, deleted); the 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.
---------------------------------------------------------------------------

II. Response to Comments

    EPA received two comment letters in response to the proposal, one 
which was submitted by IDEQ. IDEQ expressed support for EPA's proposed 
action, but did identify some concerns. The other commenter, J.R. 
Simplot Company (Simplot), raised a concern with the provisions in the 
Idaho SIP for the control of sulfur oxides in the Eastern Idaho 
Interstate Air Quality Control Region. The following is a summary of 
the issues raised by the commenters, along with EPA's response to those 
issues.
    Comment 1: IDEQ commented that, in the notice acknowledging 
consistency with the Clean Air Act, EPA proposed to conditionally 
approve IDAPA 58.01.01.213. The proposed condition was that IDEQ submit 
within 5 days of issuance all written approvals, draft permits, and 
final permits. IDEQ noted that draft and final permits are at this time 
submitted by IDEQ to EPA and that IDEQ will submit to EPA on issuance 
copies of any pre-permit construction approval letters issued under 
IDAPA 58.01.01.213. IDEQ further asserted that a conditional approval 
is inappropriate from an administrative and legal standpoint.
    Response 1: IDEQ is mistaken as to the type of action EPA proposed. 
EPA did not propose conditional approval under section 110(k)(4) of the 
Act, which could result in the SIP approval converting to a disapproval 
if the conditions are not met. Rather, EPA proposed approval of IDAPA 
58.01.01.213 under section 110(k)(3) of the Act, based on the 
understanding that Idaho will provide EPA with copies of approvals 
issued under that provision, as they do in the case of all new source 
review permits, so that EPA can carry out its obligations to oversee 
SIP implementation, provide the public with copies of the SIP 
requirements for any source when requested, and enforce the SIP 
requirements if a source begins actual construction without having 
received the necessary approval from IDEQ.
    Comment 2: IDEQ commented that IDAPA 58.01.01.220.01.a.iii requires 
sources that are not specifically listed as categorically exempt under 
IDAPA 58.01.01.222.02 to demonstrate, with modeling, that the source 
will not cause or contribute to a violation of an ambient air quality 
standard. According to IDEQ, the modeling requirement was included in 
the Idaho rules as a means to ensure that sources that are not 
specifically identified as categorically exempt but are exempted based 
on emission levels do not cause or significantly contribute to a 
violation of an ambient air quality standard. As such, Idaho continued, 
the requirement is a necessary part of Idaho's program to ``assure that 
national ambient air quality standards are achieved'' as required by 
section 110(a)(2)(C) and (D) of the CAA. Therefore, IDEQ asserted, this 
provision is appropriately included as part of Idaho's SIP, and EPA 
should approve the provision into the SIP so that it may be enforced by 
EPA or by citizens in Federal court.
    Response 2: EPA's approval of the list of categorically exempt 
sources and the ``below regulatory concern'' levels in sections IDAPA 
58.01.01.221, -222.01, and -222.02 is based on EPA's determination that 
the emission levels and source categories in those sections are 
appropriately exempted from minor new source review. The requirement in 
IDAPA 58.01.01.220.01.a.iii that a source conduct modeling to show that 
its uncontrolled potential to emit will not cause or contribute to a 
NAAQS violation is a determination that is initially made by the source 
and is not submitted to IDEQ unless specifically requested. Because 
this modeling requirement is part of Idaho's requirements for the 
exemption of certain sources from minor new source review, EPA is 
approving it as an enforceable requirement of the Idaho SIP, but EPA 
did not base its approval of the minor new source review exemption 
provisions on this modeling requirement.
    Comment 3: IDEQ disagreed with EPA's proposal not to approve IDAPA 
58.01.01.222.03 based on EPA's determination that it conflicts with 
section 110(a)(2)(c) of the CAA and 40 CFR 51.160, which require that 
the SIP identify types and sizes of sources subject to review and 
enforcement. IDEQ stated that there are safeguards in the Idaho 
``director's discretion'' exemption, in that the source's potential to 
emit cannot equal or exceed 100 tons per year of any regulated air 
pollutant, the emissions increase cannot constitute a major 
modification, and IDEQ must review and approve the ambient modeling to 
ensure the source's proposed emissions would not cause or significantly 
contribute to a violation of any ambient air quality standard. IDEQ 
pointed out that EPA acknowledges in the proposal that EPA 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. IDEQ concludes that the section 222.03 
exemption should be approved because it does not violate any control 
strategy nor interfere with attainment of the NAAQS.
    Response 3: As discussed in the proposal, IDAPA 58.01.01.222.03 
authorizes IDEQ, without going through rulemaking or a SIP revision, to 
add individual sources to the list of sources that are exempt from 
minor NSR as categorically insignificant. See 67 FR at 52670. Although 
IDEQ states that there are safeguards on this exemption, IDEQ's 
determination that the source will not cause or contribute to a 
violation of an ambient air quality standard is at no point in the 
process

[[Page 2219]]

subject to public and EPA review. This is in marked contrast to the 
other types of sources that are exempt from minor NSR in Idaho, for 
which the public and EPA have had an opportunity to review and comment 
on the emission levels and source categories that set the boundaries 
for the minor NSR exemptions.
    It is true that EPA regulations do not require the issuance of a 
permit for the construction or modification of minor sources provided 
the SIP includes 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. EPA statutes and 
regulations do require, however, that SIP revisions be subject to 
public comment and EPA approval, CAA 110(l) and 40 CFR 51.104, and also 
that the public have an opportunity to review and comment on a State's 
proposed approval of a new source or modification, 40 CFR 51.161(a). At 
no point in the process is IDEQ's decision that a particular source 
does not need approval or a permit to construct because it should be 
exempt under IDAPA 58.01.01.222.03 subject to EPA or public review. 
Moreover, EPA regulations require that a State's new source review 
regulations specifically identify the types and sizes of sources 
subject to review. See 40 CFR 51.160(e). The Idaho rules do not meet 
this requirement because sources that are initially required by the 
rules to get a permit can subsequently be exempted from that 
requirement by the Director of IDEQ without EPA or public notice or 
approval.
    In short, IDAPA 58.01.01.222.03 in effect authorizes IDEQ to revise 
the SIP without a SIP revision that is subject to public or EPA review. 
Sections 110(i) and (l) of the CAA specifically preclude States from 
changing the requirements of the SIP except through SIP revisions 
adopted by the State after reasonable notice and public hearing and 
approved by EPA. This ``director's discretion'' provision of IDAPA 
58.01.01.222.03 is inconsistent with those requirements, as well as the 
requirements of CAA section 110(a)(2)(C), 40 CFR 51.104, 40 CFR 51.160, 
and 40 CFR 51.161. Therefore, EPA is taking no action on this 
provision. As noted in the proposal, if IDEQ determines to exempt a 
source from new source review under the authority of IDAPA 
58.01.01.222.03, 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. See 67 FR 52670.
    Comment 4: IDEQ commented on EPA's proposal not to act on IDAPA 
58.01.01.401.04, which authorizes IDEQ to issue a Tier II operating 
permit with a future compliance date and requires EPA approval prior to 
issuance of such a permit. Idaho agrees that operating permits 
sanctioning a requirement that conflicts with the SIP may require a SIP 
revision. IDEQ asserts, however, that just as IDEQ enters into consent 
orders and settlement agreements with compliance schedules, IDEQ issues 
Tier II operating permits containing compliance schedules. IDEQ notes 
that compliance orders in Tier II permits use language similar to that 
in Tier II (title V) operating permits, that is, that the terms and 
conditions of the compliance schedule are supplemental to, and do not 
sanction noncompliance with, the underlying applicable requirement. For 
this reason, IDEQ asserts, EPA should approve IDAPA 58.01.01.401.04 as 
part of the SIP.
    Response 4: By its terms, a compliance schedule issued under the 
authority of IDAPA 58.01.01.401.04. allows a source a future compliance 
date of up to three years beyond the compliance date of any provisions 
in IDAPA chapter 58. In other words, a compliance schedule issued under 
the authority of this provision is intended to delay the time for 
required compliance, in essence, to change the requirement for the 
source.\2\ As such, it is a SIP revision that must be approved by EPA. 
This is in contrast to the kinds of compliance schedules issued under 
IDEQ's Tier I (title V) operating permit program or under other 
authority of State law, under which the compliance schedule sets forth 
a series of milestones for bringing a source into compliance with an 
applicable requirement. As noted by IDEQ, a compliance schedule issued 
in a Tier I (title V) operating permit does not sanction noncompliance 
with the underlying applicable requirement and does not extend the 
compliance date for the source. In contrast, a compliance schedule 
issued under the authority of IDAPA 58.01.01.401.04 by its terms 
extends the applicable compliance date for the source. In any event, 
because Idaho regulations provide that compliance schedules issued 
under the authority of IDAPA 58.01.01.401.04 must be approved by EPA, 
it is not necessary to include this provision as part of the SIP. 
Moreover, its inclusion in the SIP could cause confusion. Therefore, 
EPA is taking no action on this provision.
---------------------------------------------------------------------------

    \2\ Such a mechanism would perhaps be better characterized as a 
compliance extension.
---------------------------------------------------------------------------

    It may be that IDEQ has authority elsewhere in its Tier II permit 
program or under other provisions of Idaho law to issue a compliance 
schedule as part of a Tier II permit that sets forth a series of 
milestones for bringing a source into compliance with certain 
requirements, but that does not delay the compliance date, as does a 
compliance schedule issued under the authority of IDAPA 
58.01.01.401.04. EPA's decision to take no action on IDAPA 
58.01.01.401.04 has no bearing on IDEQ's authority to issue other types 
of compliance schedules. EPA recommends, however, that IDEQ carefully 
identify in any Tier II permit that contains a compliance schedule the 
regulatory provision under which such a compliance schedule is issued 
so that the procedure for issuing such a compliance schedule and the 
legal effect of such a compliance schedule is readily apparent.
    Comment 5: IDEQ commented that EPA improperly places the burden on 
Idaho to establish that it has jurisdiction within Indian country with 
respect to regulation of persons who are not members of the tribe. IDEQ 
asserts that, under settled Indian law principles, Idaho presumptively 
has jurisdiction over persons that reside on Indian Reservations in 
Idaho who are not members of Tribes, citing to County of Yakima v. 
Confederated Tribes and Bands of Yakima Nation, 502 U.S. 251, 257-58 
(1992). Equally important, according to IDEQ, the CAA itself preserves 
State law from preemption in section 116 of the CAA, 42 U.S.C. 7416, 
with respect to air emission standards except in specified situations, 
and nothing in the statute itself expressly precludes the exercise of 
such authority in Indian country. IDEQ asserts that EPA therefore 
should expressly provide in the final rule that nothing in its approval 
is intended to preclude the exercise of State regulatory authority 
within Idaho Indian country independent of the CAA to the extent 
consistent with applicable Indian law principles.
    Response 5: EPA reads this comment as a request that EPA clarify 
the status of State law as it applies within Indian reservations or 
other parts of Indian country.\3\ EPA's proposed and final

[[Page 2220]]

action are under the authority of the Federal Clean Air Act to approve 
revisions to the SIP so that those SIP provisions will be Federally 
enforceable under the CAA. Before EPA can approve a SIP or SIP revision 
as applying to a source, the State must demonstrate that it has 
adequate legal authority to implement and enforce the SIP under the 
Clean Air Act. See CAA sections 110(a)(2)(A), 110(a)(2)(E)(i) and 
172(c)(6) of the Act. It is EPA's position that unless EPA has 
explicitly approved a program as applying in Indian country, State or 
local regulations are not effective within the boundaries of that 
Indian country land for purposes of complying with the CAA. See Federal 
Operating Permits Program Final Rule, 64 FR 8247, 8254 (February 19, 
1999). EPA does not believe it would be appropriate for EPA to approve 
State CAA programs as applying in Indian country where there has not 
been an explicit demonstration of adequate jurisdiction. 64 FR 8253. 
Moreover, EPA interprets the Clean Air Act as favoring a territorial 
approach for implementing the CAA throughout Indian reservations either 
under tribal authority as delegated by Congress or by EPA 
implementation. 64 FR 8252. EPA believes it has the authority under the 
CAA to regulate all reservation sources in order to ensure an efficient 
and effective transition to Tribal administration of CAA programs and 
to avoid the administratively undesirable checkerboarding of 
reservations based on land ownership. Id. EPA notes that nowhere in the 
State's SIP submittal did IDEQ attempt to demonstrate that it has the 
authority to implement and enforce its State laws under the authority 
of the Clean Air Act in Indian country in Idaho, and EPA has not 
evaluated these State law authorities outside of the context of the 
CAA. EPA's proposed approval and this final action do not take a 
position on whether State laws regulating air resources have effect in 
Indian country outside of the context of the Clean Air Act.
---------------------------------------------------------------------------

    \3\ ``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 reservation lands trust lands that have not been formally 
designated as a reservation.
---------------------------------------------------------------------------

    Comment 6: IDEQ commented that disagreement exists over the 
continued existence of the Nez Perce Reservation as described in 
Article 2 of the 1863 Treaty with the Nez Perces, 14 Stat. 647 (1863). 
IDEQ believes that a cession agreement between the United States and 
the Tribe ratified by Congress in 1894, 28 Stat. 326 (1894), has 
diminished the Reservation's land base substantially and that the 
Reservation now encompasses only those lands retained presently in 
trust pursuant to the terms of the cession agreement, citing to United 
States v. Webb, 219 F.3d 1127 (9th Cir. 2000), cert. denied, 531 U.S. 
1200 (2001). IDEQ asserted that EPA and IDEQ acknowledged this 
controversy in a December 2000 memorandum of understanding (MOU) 
concerning implementation of title V of the CAA. In view of the 
decision in Michigan v. EPA, 268 F.3d 1075 (D.C. Cir. 2001), IDEQ 
continued, EPA should make clear its rationale for excluding the 
entirety of the 1863 Reservation from the scope of the proposed action.
    Response 6: As discussed above, unless EPA has explicitly approved 
a program as applying in Indian country, it is EPA's position that 
State or local regulation is not effective within the boundaries of 
that Indian country land for purposes of complying with the CAA. EPA is 
excluding from this SIP approval the Nez Perce Reservation, as 
described in the 1863 Nez Perce Treaty, because the Federal government 
has long maintained that the Nez Perce Reservation, as described in 
that treaty, constitutes Indian country, as defined in 18 U.S.C. 1151.
    Michigan v. EPA, 268 F.3d 1075 (D.C. Cir. 2001) does not apply to 
this SIP action. That case dealt with the issue of whether EPA has 
authority to require a facility to apply to EPA for a Federal operating 
permit under title V of the Clean Air Act in cases where EPA had not 
determined whether the facility was in Indian country. This SIP 
approval is an action under title I of the CAA. Moreover, EPA's 
position, and that of the United States, is that the exterior boundary 
of the Nez Perce Reservation that exists today is described in the 1863 
Nez Perce Treaty \4\ and that the Nez Perce Reservation, as so 
described, is Indian country. In its comment, the State cites U.S. v. 
Webb, Case No. CR98-80-N-EJL (9th Cir., Jan. 12, 1999), as showing 
there is a controversy about the Reservation boundaries. However, the 
United States' position in that case, as well as other cases raising 
the issue, was that the Nez Perce Reservation is still as described in 
the 1863 Treaty. Michigan v. EPA is therefore not relevant to the 
issues in this SIP approval.
---------------------------------------------------------------------------

    \4\ IDEQ recognized EPA's position in the MOU referenced in 
IDEQ's comment. The sixth ``Whereas'' clause of memorandum states: 
``Whereas, the United States position, both in judicial proceedings 
and in administrative, civil and criminal contexts is that the 
present boundaries of the Nez Perce Reservation are as described in 
the 1863 Nez Perce Treaty.''
---------------------------------------------------------------------------

    EPA remains fully committed to the spirit and intent of the 
December 2000 MOU referenced in the IDEQ comment. The purpose of the 
MOU, however, was to address the implementation of the operating 
permits program under title V of the CAA on the Nez Perce Reservation 
and it does not address the issue of whether IDEQ has established that 
it has authority under the Clean Air Act to implement and enforce its 
State regulations approved under title I of the Act against sources 
located within the boundaries of the Nez Perce Reservation as 
established by the 1863 Nez Perce Treaty. Moreover, nothing in the MOU 
constituted an admission by the United States that the Nez Perce 
Reservation has been diminished or is otherwise in question.
    Comment 7: Simplot requested reconsideration of EPA's position that 
EPA approval of Idaho's ``Rules for Control of Sulfur Oxide from 
Sulfuric Acid Plants'' does not alter previous EPA disapproval of the 
Idaho SIP regarding the Eastern Idaho Intrastate Air Quality Control 
Strategy, nor the source-specific Federal regulations at 40 CFR 52.675. 
According to Simplot, EPA's position does not recognize relevant and 
significant history related to the Eastern Idaho Intrastate Air Quality 
Control Strategy, which has been in attainment for 20 years. 
Accordingly, Simplot requested that portions of the Federal regulations 
imposed upon Simplot to adequately prevent violations of the NAAQS for 
SO2, which Simplot contends are obsolete, be revisited and 
deleted from this portion of the Idaho control strategy.
    Response 7: This comment does not address aspects of the SIP 
request submitted by the State of Idaho and on which EPA proposed to 
take action. Thus, EPA views this comment as a request to conduct 
rulemaking to revise the existing Federal implementation plan as it 
pertains to Simplot.
    As EPA has previously notified IDEQ and Simplot, EPA does not have 
the authority to repeal these FIP requirements in the absence of other 
Federally-enforceable limits on SO2 emissions from the 
Simplot sulfuric acid plants approved as part of a SIP or promulgated 
as part of other Federal requirements and a demonstration that these 
limits do not interfere with attainment or maintenance of the NAAQS for 
SO2, violate any prevention of significant deterioration 
(PSD) increment, or result in visibility impairment. To date, EPA has 
not received from IDEQ or Simplot a demonstration that the Federally-
enforceable limits in place at the

[[Page 2221]]

Simplot facility are sufficient to protect the SO2 NAAQS, 
PSD increments, and visibility in the absence of the requirements 
Simplot requests be removed. Therefore, as noted in the proposal, EPA's 
action on this SIP does not modify 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). Thus, the source-specific 
Federal regulations at 40 CFR 52.675(b) that EPA promulgated in 
response to that disapproval remain in place. See 67 FR 52672.

III. Final Action

    EPA is taking final action to approve all of the amendments to the 
Rules for the Control of Air Pollution in Idaho as submitted by the 
Director of IDEQ 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, except that EPA is taking no action 
on section 008; subsections 107.03.h. through q\5\; section 222.03; 
sections 300 through 387; subsection 401.01.a. and section 401.04; 
sections 440 and 441; sections 525 through 538; section 577.06; section 
586; sections 750 and 751; sections 775 and 776; section 818; section 
819; section 820; section 824.01; and sections 835 through 839.\6\ 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). The entire 
text of the EPA-approved Idaho rules may be viewed on line at http://www.epa.gov/r10earth/sips.htm.
---------------------------------------------------------------------------

    \5\ In the notice of proposed rulemaking, EPA incorrectly cited 
subsections 107.03.v. through aa.
    \6\ Sections 009, 010, 140 through 149, 161, 203.03, 210, 585, 
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, and 
amendments to section 209 Procedures for Issuing Permits and section 
700 Particulate Matter--Process Weight Limitations which were 
submitted to EPA on March 9, 2001, were returned to the State as 
incomplete, so they are not before EPA to act on at this time.
---------------------------------------------------------------------------

    EPA is also deleting the total suspended particulates area 
designations for Idaho in 40 CFR 81.313 and adjusting the PM-10 area 
designations in 40 CFR 81.313.
    Consistent with EPA's proposal, this SIP approval does not extend 
to Indian country in Idaho. See 67 FR 52673.
    Note that, with respect to Idaho's rules relating to new source 
review, EPA has determined that Idaho's rules meet the requirements of 
40 CFR part 51, subpart I, as currently in effect, and is taking no 
position on whether Idaho will need to make changes to its new source 
review rules to meet requirements that EPA has promulgated, but are not 
yet effective, as part of new source review reform.
    Finally, while EPA is approving the Idaho permit to construct 
rules, EPA recognizes that it has a responsibility to insure that all 
States properly implement their preconstruction permitting programs. 
EPA's approval of the Idaho permit to construct rules does not divest 
EPA of the duty to continue appropriate oversight to insure that 
permits issued by Idaho are consistent with the requirements of the 
Act, EPA regulations, and the SIP. EPA's authority to oversee permit 
program implementation is set forth in sections 113, 167, and 505(b) of 
the Act. For example, section 167 provides that EPA shall issue 
administrative orders, initiate civil actions, or take whatever other 
enforcement action may be necessary to prevent construction of a major 
stationary source that does not ``conform to the requirements of'' the 
PSD program. Similarly, section 113(a)(5) of the CAA provides for 
administrative orders and civil actions whenever EPA finds that a State 
``is not acting in compliance with'' any requirement or prohibition of 
the Act regarding construction of new or modified sources. Likewise, 
section 113(a)(1) provides for a range of enforcement remedies whenever 
EPA finds that a person is in violation of an applicable implementation 
plan.
    Enactment of title V of the Act and the EPA objection opportunity 
provided therein has added new tools for addressing deficient new 
source review decisions by States. Section 505(b) requires EPA to 
object to the issuance of a permit issued pursuant to title V whenever 
the Administrator finds during the applicable review period, either on 
her own initiative or in response to a citizen petition, that the 
permit is ``not in compliance with the requirements of an applicable 
requirement of this Act, including the requirements of an applicable 
implementation plan.''
    Regardless of whether EPA addresses deficient permits using 
objection authorities or enforcement authorities or both, EPA cannot 
intervene unless the State decision fails to comply with applicable 
requirements. In determining whether a title V permit incorporating PSD 
provisions calls for EPA objection under section 505(b) or use of 
enforcement authorities under sections 113 and 167, EPA will consider 
whether the applicable substantive and procedural requirements for 
public review and development of supporting documentation were 
followed. In particular, EPA will review the process followed by the 
permitting authority in determining best available control technology, 
assessing air quality impacts, meeting Class I area requirements, and 
other PSD requirements, to ensure that the required SIP procedures 
(including public participation and Federal Land Manager consultation 
opportunities) were met. EPA will also review whether any determination 
by the permitting authority was made on reasonable grounds properly 
supported on the record, described in enforceable terms, and consistent 
with all applicable requirements. Finally, EPA will review whether the 
terms of the PSD permit were properly incorporated into the title V 
operating permit.

IV. Regulatory Assessment Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 action 
merely approves State law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this 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 approves 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 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

[[Page 2222]]

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 approves 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 rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
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 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.).
    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).
    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 March 17, 2003. 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

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Particulate matter, Reporting and recordkeeping requirements, 
Wilderness areas.

    Dated: December 4, 2002.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

    Part 52, subpart N, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart N--Idaho

    2. Section 52.670 is amended by adding paragraph (c)(37) to read as 
follows:


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *
    (37) 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, the Idaho Department of Environmental Quality 
submitted amendments to State of Idaho Rules for Control of Air 
Pollution in Idaho (IDAPA 58.01.01) as revisions to the Idaho State 
implementation plan.
    (i) Incorporation by Reference.
    (A) IDAPA 58.01.01 as in effect on March 30, 2001 except for the 
following provisions: section 000; section 002; section 003; section 
008; section 009; section 010; subsections 107.03; section 128; 
sections 140 through 149; section 161; subsection 203.03; section 209; 
section 210; section 214; subsection 222.03; section 223; sections 300 
through 387; subsection 401.01.a. and 401.04; sections 440 and 441; 
sections 525 through 538; sections 552, 553, 556, 558, and 561; 
subsection 577.06; sections 585, 586, 587, 590 and 591; section 700; 
section 710; sections 750 and 751; sections 775 and 776; section 818; 
section 819; section 820; subsection 824.01; sections 835 through 839; 
and sections 855 through 862.
    (B) IDAPA 58.01.01 sections 209 and 700 as in effect on April 5, 
2000.
    (C) IDAPA 58.01.01 sections 552, 553, 556, 558, and 561 as in 
effect on March 15, 2002.


Sec.  52.674  [Removed and Reserved]

    3. Section 52.674 Legal Authority is removed and reserved.

    4. Section 52.679 is revised to read as follows:


Sec.  52.679  Contents of Idaho State Implementation Plan.

Implementation Plan for the Control of Air Pollution in the State of 
Idaho

Chapter I--Introduction (submitted 1-15-80)
Chapter II--Administration (submitted 1-15-80)
Chapter III--Emission Inventory (submitted 1-15-80)
Chapter IV--Air Quality Monitoring (submitted 1-15-80, and 2-14-80)
Chapter V--Source Surveillance (submitted 1-15-80)
Chapter VI--Emergency Episode Plan (submitted 1-15-80)
Chapter VIII--Nonattainment Area Plans
    VIII-a--Silver Valley TSP Nonattainment Area Plan (submitted 1-
15-80): EPA effective 7-28-82.
    VIII-b--Lewiston TSP Nonattainment Plan (submitted 1-15-80, 12-
4-80, and 2-5-81): EPA effective 7-28-82.
    VIII-c--Transportation Control Plan for carbon monoxide, Ada 
County (submitted 5-24-84, 1-3-85, 3-25-85, and 6-29-94): EPA 
effective 7-28-82, 8-5-85, and 1-30-95.
    VIII-d--Pocatello TSP Nonattainment Plan (submitted 3-7-80, and 
2-5-81): EPA effective 7-28-82.
    VIII-e--Soda Springs TSP Nonattainment Plan (submitted 1-15-80): 
EPA effective 7-28-82.
    VIII-f--Pinehurst PM-10 Nonattainment Plan (4-14-92): EPA 
effective 10-24-94.
    VIII-g--North Ada County PM10 Nonattainment Area Plan (submitted 
11-14-91, 12-30-94, and 7-13-95): EPA effective 7-29-96.
    VIII-h--Fort Hall PM-10 Nonattainment Area Plan (FIP): EPA 
effective 9-22-00.
    VIII-i--Sandpoint PM10 Nonattainment Area Plan (submitted 8-16-
96): EPA effective 8-26-02.
    VIII-j--North Ada County CO Limited Maintenance Plan (submitted 
1-17-02): EPA effective 11-27-02.
Chapter IX--Reserved
Chapter X--Plan for Maintenance of National Ambient Air Quality 
Standards for Lead (submitted 2-3-84): EPA effective 6-4-84.
Small Business Assistance Program (submitted 1-3-94): EPA effective 
11-18-94.

[[Page 2223]]

Appendix A Legal Authority and other General Administrative Matters 
(submitted 1-15-80)
Appendix A.2 Idaho Environmental Protection and Health Act, Idaho 
Code Section 39-101 et seq. (submitted 3-15-01)
Appendix A.3 Idaho Administrative Procedures Act (IDAPA) Chapter 58, 
Rules for the Control of Air Pollution in Idaho, previously codified 
at IDAPA Chapter 39 (submitted 5-17-94, 5-11-95, 11-21-96, 2-28-97, 
12-18-97, 4-9-98, 5-5-99, 12-5-00, and 5-30-02)

    EPA-approved rules which are incorporated by reference are listed 
in the table below:

------------------------------------------------------------------------
                                                                State
   Citation                        Title                      effective
                                                                date
------------------------------------------------------------------------
              IDAPA 58--Department of Environmental Quality
------------------------------------------------------------------------
        58.01.01--Rules for the Control of Air Pollution in Idaho
------------------------------------------------------------------------
001.            Title and Scope...........................        5/1/94
004.            Catchlines................................        5/1/94
005.            Definitions...............................        5/1/94
006.            General Definitions.......................        4/5/00
                                                                 3/20/97
                                                                  5/1/95
                                                                  5/1/94
007.            Definitions for the Purposes of Sections          4/5/00
                 200 Through 225 and 400 Through 461.            6/30/95
                                                                  5/1/95
                                                                  5/1/94
106.            Abbreviations.............................        5/1/94
107.            Incorporations by Reference (Except               7/1/97
                 subsection 03.).                                 5/1/94
121.            Compliance Requirements by Department.....        5/1/94
122.            Information Orders by the Department......        4/5/00
                                                                  5/1/94
123.            Certification of Documents................        5/1/94
124.            Truth, Accuracy and Completeness of               5/1/94
                 Documents.
125.            False Statements..........................       3/23/98
126.            Tampering.................................       3/23/98
127.            Format of Responses.......................        5/1/94
130.            Startup, Shutdown, Scheduled Maintenance,         4/5/00
                 Safety Measures, Upset and Breakdown.
131.            Excess Emissions..........................        4/5/00
132.            Correction of Condition...................        4/5/00
133.            Startup, Shutdown and Scheduled                   4/5/00
                 Maintenance Requirements.                       3/20/97
134.            Upset, Breakdown, and Safety Requirements.        4/5/00
                                                                 3/20/97
135.            Excess Emission Reports...................        4/5/00
                                                                 3/20/97
136.            Excess Emission Records...................        4/5/00
                                                                 3/23/98
                                                                 3/20/97
155.            Circumvention.............................        4/5/00
156.            Total Compliance..........................        5/1/94
157.            Test Methods and Procedures...............        4/5/00
160.            Provisions Governing Specific Activities          4/5/00
                 and Conditions.
162.            Modifying Physical Conditions.............        5/1/94
163.            Source Density............................        5/1/94
164.            Polychlorinated Biphenyls (PCBs)..........        5/1/94
200.            Procedures and Requirements for Permits to        4/5/00
                 Construct.
201.            Permit to Construct Required..............       3/30/01
202.            Application Procedures....................        4/5/00
                                                                  5/1/94
203.            Permit Requirements for New and Modified          5/1/94
                 Stationary Sources (Except subsection
                 203.03).
204.            Permit Requirements for New Major                3/30/01
                 Facilities or Major Modifications in             4/5/00
                 Nonattainment Areas.                             5/1/94
205.            Permit Requirements for New Major                 4/5/00
                 Facilities or Major Modifications in             5/1/94
                 Attainment or Unclassifiable Areas.
206.            Optional Offsets for Permits to Construct.       6/30/95
207.            Requirements for Emission Reduction Credit        5/1/94
208.            Demonstration of Net Air Quality Benefit..        4/5/00
                                                                  5/1/94
209.            Procedures for Issuing Permits............        4/5/00
                                                                 3/19/99
                                                                 3/23/98
                                                                  5/1/94
211.            Conditions for Permits to Construct.......        5/1/94
212.            Obligation to Comply......................        5/1/94

[[Page 2224]]

 
213.            Pre-permit Construction...................        4/5/00
                                                                 3/23/98
220.            General Exemption Criteria for Permit to          4/5/00
                 Construct Exemptions.
221.            Category I Exemption......................        4/5/00
222.            Category II Exemption (Except subsection          4/5/00
                 222.03.).                                        7/1/97
                                                                  5/1/94
400.            Procedures and Requirements for Tier II           5/1/94
                 Operating Permits.
401.            Tier II Operating Permit (Except                  4/5/00
                 subsections 401.01.a and 401.04).               3/19/99
                                                                  5/1/94
402.            Application Procedures....................        4/5/00
                                                                  5/1/94
403.            Permit Requirements for Tier II Sources...        5/1/94
404.            Procedures for Issuing Permits............        4/5/00
                                                                  5/1/94
405.            Conditions for Tier II Operating Permits..        5/1/94
406.            Obligation to Comply......................        5/1/94
460.            Requirements for Emission Reduction Credit        4/5/00
                                                                  5/1/94
461.            Requirements for Banking Emission                 4/5/00
                 Reduction Credits (ERC's).                       5/1/94
470.            Permit Application Fees for Tier II               3/7/95
                 Permits.
500.            Registration Procedures and Requirements          5/1/94
                 for Portable Equipment.
510.            Stack Heights and Dispersion Techniques...        5/1/94
511.            Applicability.............................        4/5/00
512.            Definitions...............................        4/5/00
                                                                  5/1/94
513.            Requirements..............................        4/5/00
514.            Opportunity for Public Hearing............        5/1/94
515.            Approval of Field Studies and Fluid Models        5/1/94
516.            No Restriction on Actual Stack Height.....        5/1/94
550.            Air Pollution Emergency Rule..............        5/1/94
551.            Episode Criteria..........................        5/1/94
552.            Stages....................................       3/15/02
                                                                  5/1/94
553.            Effect of Stages..........................       3/15/02
556.            Criteria for Defining Levels Within Stages       3/15/02
                                                                  4/5/00
557.            Public Notification.......................        5/1/94
558.            Information to Be Given...................       3/15/02
                                                                  5/1/94
559.            Manner and Frequency of Notification......        5/1/94
560.            Notification to Sources...................        4/5/00
561.            General Rules.............................       3/15/02
                                                                  4/5/00
                                                                  5/1/94
562.            Specific Emergency Episode Abatement Plans        5/1/94
                 for Point Sources.
563.            Transportation Conformity.................       3/30/01
564.            Incorporation by Reference................       3/30/01
565.            Abbreviations.............................       3/30/01
566.            Definitions for the Purpose of Sections          3/30/01
                 563 Through 574 and 582.
567.            Agencies Affected by Consultation.........       3/30/01
568.            ICC Member Roles in Consultation..........       3/30/01
569.            ICC Member Responsibilities in                   3/30/01
                 Consultation.
570.            General Consultation Process..............       3/30/01
571.            Consultation Procedures...................       3/30/01
572.            Final Conformity Determinations by USDOT..       3/30/01
573.            Resolving Conflicts.......................       3/30/01
574.            Public Consultation Procedures............       3/30/01
575.            Air Quality Standards and Area                    4/5/00
                 Classification.
576.            General Provisions for Ambient Air Quality        5/1/94
                 Standards.
577.            Ambient Air Quality Standards for Specific        5/1/94
                 Air Pollutants (Except subsection 577.06).
578.            Designation of Attainment, Unclassifiable,        5/1/94
                 and Nonattainment Areas.
579.            Baselines for Prevention of Significant           4/5/00
                 Deterioration.                                   5/1/94
580.            Classification of Prevention of                   4/5/00
                 Significant Deterioration Areas.                 5/1/94
581.            Prevention of Significant Deterioration           4/5/00
                 (PSD) Increments.                                7/1/97
                                                                  5/1/94
582.            Interim Conformity Provisions for Northern       3/30/01
                 Ada County Former Nonattainment Area for
                 PM-10.
600.            Rules for Control of Open Burning.........       3/19/99

[[Page 2225]]

 
601.            Fire Permits, Hazardous Materials and             5/1/94
                 Liability.
602.            Nonpreemption of Other Jurisdictions......        5/1/94
603.            General Restrictions......................        5/1/94
604.            Alternatives to Open Burning..............        5/1/94
606.            Categories of Allowable Burning...........        5/1/94
607.            Recreational and Warming Fires............        5/1/94
608.            Weed Control Fires........................        5/1/94
609.            Training Fires............................        5/1/94
610.            Industrial Flares.........................        5/1/94
611.            Residential Solid Waste Disposal Fires....        5/1/94
612.            Landfill Disposal Site Fires..............       3/19/99
613.            Orchard Fires.............................        4/5/00
                                                                  5/1/94
614.            Prescribed Burning........................        5/1/94
615.            Dangerous Material Fires..................        5/1/94
616.            Infectious Waste Burning..................        5/1/94
625.            Visible Emissions.........................        4/5/00
                                                                  5/1/94
626.            General Restrictions on Visible Emissions         4/5/00
                 from Wigwam Burners.
650.            Rules for Control of Fugitive Dust........        5/1/94
651.            General Rules.............................        5/1/94
675.            Fuel Burning Equipment--Particulate Matter        4/5/00
676.            Standards for New Sources.................        5/1/94
677.            Standards for Minor and Existing Sources..        5/1/94
678.            Combinations of Fuels.....................        5/1/94
679.            Averaging Period..........................        4/5/00
                                                                  5/1/94
680.            Altitude Correction.......................        5/1/94
681.            Test Methods and Procedures...............        4/5/00
700.            Particulate Matter--Process Weight                4/5/00
                 Limitations.
701.            Particulate Matter--New Equipment Process         4/5/00
                 Weight Limitations.
702.            Particulate Matter--Existing Equipment            4/5/00
                 Process Weight Limitations.                      5/1/94
703.            Particulate Matter--Other Processes.......        4/5/00
725.            Rules for Sulfur Content of Fuels.........        4/5/00
726.            Definitions as Used in Sections 727               5/1/94
                 Through 729.
727.            Residual Fuel Oils........................        5/1/94
728.            Distillate Fuel Oil.......................        5/1/94
729.            Coal......................................        5/1/94
785.            Rules for Control of Incinerators.........        5/1/94
786.            Emission Limits...........................        4/5/00
787.            Exceptions................................       3/23/98
805.            Rules for Control of Hot-mix Asphalt              5/1/94
                 Plants.
806.            Emission Limits...........................        5/1/94
807.            Multiple Stacks...........................        5/1/94
808.            Fugitive Dust Control.....................        5/1/94
815.            Rules for Control of Kraft Pulping Mills..        5/1/94
816.            Statement of Policy.......................        5/1/94
817.            General Rules.............................        5/1/94
821.            Recovery Furnace Particulate Standards....        5/1/94
822.            Lime Kiln Standards.......................        5/1/94
823.            Smelt Tank Standards......................        5/1/94
824.            Monitoring and Reporting (Except                  4/5/00
                 subsection 824.01).                              5/1/94
825.            Special Studies...........................        5/1/94
826.            Exceptions................................        5/1/94
845.            Rules for Control of Sulfur Oxide                 5/1/94
                 Emissions from Sulfuric Acid Plants.
846.            Emission Limits...........................        4/5/00
847.            Monitoring and Testing....................        4/5/00
848.            Compliance Schedule.......................        5/1/94
------------------------------------------------------------------------


    5. Section 52.681 is revised to read as follows:


Sec.  52.681  Permits to construct and tier II operating permits.

    (a) Except as otherwise provided in pargraph (b) of this section, 
emission limitations and other provisions contained in Permits to 
Construct and Tier II Operating Permits issued by the Idaho Department 
of Environmental Quality in accordance with the Federally-approved 
State of Idaho Rules for Control of Air Pollution in Idaho, 
incorporated by reference in section 52.670 (IDAPA 58.01.01.200 through 
222, IDAPA 58.01.01.400 through 406), shall be applicable requirements 
of the Federally-approved Idaho SIP (in addition to any other 
provisions) for the purposes of section 113 of the Clean Air Act and 
shall be enforceable by EPA and by any person in the same manner as 
other requirements of the SIP.
    (b) Operating Permits authorizing the use of alternative emission 
limits (bubbles) under IDAPA

[[Page 2226]]

58.01.01.401.01.a, 58.01.01.440, and 58.01.01.441 (including the use of 
banked emission reduction credits in a bubble pursuant to IDAPA 
58.01.01.461), and Tier II Operating Permits authorizing compliance 
schedule extensions under IDAPA 58.01.01.401.04 must be submitted to 
EPA for approval as revisions to the Idaho SIP before they become 
applicable requirements of the Idaho SIP.

    6. Section 52.683 is revised to read as follows:


Sec.  52.683  Significant deterioration of air quality.

    (a) The State of Idaho Rules for Control of Air Pollution in Idaho, 
specifically, IDAPA 58.01.01.005 through 007 (definitions), IDAPA 
58.01.01.200 through 222 (permit to construct rules), IDAPA 
58.01.01.510 through 516 (stack height rules), and IDAPA 58.01.01.575 
through 581 (standards, increments and area designations) are approved 
as meeting the requirements of title I, part C, subpart 1 of the Clean 
Air Act for preventing significant deterioration of air quality.
    (b) The requirements of title I, part C, subpart 1 of the Clean Air 
Act are not met for Indian reservations because Idaho has not 
demonstrated authority to implement and enforce under the Clean Air Act 
Idaho State rules in Indian country. Therefore, the provisions of Sec.  
52.21 (b) through (w) are hereby incorporated and made part of the 
applicable plan for Indian country in the State of Idaho.
    (c) The requirements of section 165 of the Clean Air Act are not 
met for sources subject to prevention of significant deterioration 
requirements prior to August 22, 1986, the effective date of EPA's 
original approval of Idaho's prevention of significant deterioration 
regulations.
    Therefore, the provisions of Sec.  52.21(b), (c), (d), and (h) 
through (w) are hereby incorporated and made part of the applicable 
plan for sources subject to Sec.  52.21 prior to August 22, 1986.

    Part 81, subpart C, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

    2. In Sec.  81.313, the table entitled ``Idaho-TSP'' is removed and 
the table entitled ``Idaho PM-10'' is revised to read as follows:


Sec.  81.313  Idaho.

* * * * *

                                                   Idaho PM-10
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification
          Designated area          -----------------------------------------------------------------------------
                                       Date                Type               Date                Type
----------------------------------------------------------------------------------------------------------------
Eastern Idaho Intrastate AQCR 61:
    Power-Bannock Counties, part      11/15/90  Nonattainment............    11/15/90  Moderate
     of: (Pocatello).
        State Lands--Portneuf
         Valley Area:
            T.5S, R.34E Sections
             25-36
            T.5S, R.35E Section 31
            T.6S, R.34E Sections 1-
             36
            T.6S, R.35E Sections 5-
             9, 16-21, 28-33, plus
             the West \1/2\ of
             Sections 10, 15, 22,
             27, 34
            T.7S, R.34E Sections 1-
             4, 10-14, and 24
            T.7S, R.35E Sections 4-
             9, 16-21, 28-33, plus
             the West \1/2\ of
             Sections 3, 10, 15,
             22, 27, 34
            T.8S, R.35E Section 4,
             plus the West \1/2\
             of Section 3
    Power-Bannock Counties, part      11/15/90  Nonattainment............    11/15/90  Moderate
     of: (Pocatello).
        Fort Hall Indian
         Reservation:
            T.5S, R.34E Sections
             15-23
            T.5S, R.33E Sections
             13-36
            T.6S, R.33E Sections 1-
             36
            T.7S, R.33E Sections
             4, 5, 6
            T.7S, R.34E Section 8
    Pocatello: 336 square mile        11/15/90  Unclassifiable...........
     area from Schiller at the
     northwest to Inkom at
     southeast, excluding the
     Portneuf Valley and Fort Hall
     nonattainment areas.
    Soda Springs: 96 square mile      11/15/90  Unclassifiable...........
     area encompassing Soda
     Springs, Conda and the
     industrial area in between.
    Remainder of AQCR 61..........    11/15/90  Unclassifiable...........
Eastern Washington-Northern Idaho
 Interstate AQCR 62 (Idaho
 portion):
    Shoshone County: Pinehurst        11/20/94  Nonattainment............     1/20/94  Moderate.
     Expansion Area Northwest
     quarter of the Northwest
     quarter, Section 8, Township
     48 North, Range 2 East;
     Southwest quarter of the
     Northwest quarter, Section 8,
     Township 48, North, Range 2
     East; Northwest quarter of
     the Southwest quarter,
     Section 8, Township 48 North,
     Range 2 East; Southwest
     quarter, Section 8, Township
     48 North, Range 2 East;
     Southwest quarter of the
     Southwest quarter, Section 48
     North, Range 2 East, Boise
     Base (known as ``Pinehurst
     expansion area'').
    City of Pinehurst.............    11/15/90  Nonattainment............    11/15/90  Moderate.
    Silver Valley (Shoshone           11/15/90  Unclassifiable...........
     County), excluding the
     Pinehurst Expansion Area and
     City of Pinehurst PM-10
     nonattainment areas.
    Lewiston......................    11/15/90  Unclassifiable...........
    Remainder of AQCR 62 (Idaho       11/15/90  Unclassifiable...........
     portion).
Idaho Intrastate AQCR 63:
    Bonner County: Sandpoint Area:    11/15/90  Nonattainment............    11/15/90  Moderate.
     Section 1-3, 9-12, 15, 16,
     21, 22, 27, 28 of range 2
     west and Township 57 north;
     and the western \3/4\ of
     Sections 14, 23 and 26 of the
     same Township and range
     coordinates.

[[Page 2227]]

 
    Remainder of AQCR 63..........    11/15/90  Unclassifiable...........
Metropolitan Boise the Intrastate
 AQCR 64:
    Ada County: Boise.............     3/12/99  Pre-existing.............     3/12/99  Pre-existing
                                                                                PM-10  PM-10
                                                                             NAAQS NA  NAAQS NA
        Northern Boundary--
         Beginning at a point in
         the center of the channel
         of the Boise River, where
         the line between sections
         15 and 16 in Township 3
         north (T3N), range 4 east
         (R4E), crosses said Boise
         River; thence, west down
         the center of the channel
         of the Boise River to a
         point opposite the mouth
         of More's Creek; thence,
         in a straight line north
         44 degrees and 38 minutes
         west until the said line
         intersects the north line
         T5N (12 Ter. Ses. 67);
         thence west to the
         northwest corner T5N,
         R1W.
        Western Boundary--Thence,
         south to the northwest
         corner of T3N, R1W;
         thence east to the
         northwest corner of
         section 4 of T3N, R1W;
         thence south to the
         southeast corner of
         section 32 of T2N, R1W;
         thence, west to the
         northwest corner of T1N,
         R1W; thence, south to the
         southwest corner of
         section 32 of T2N, R1W;
         thence, west to the
         northwest corner of T1N,
         R1W; thence south to the
         southwest corner of T1N,
         R1W.
        Southern Boundary--Thence,
         east to the southwest
         corner of section 33 of
         T1N, R4E.
        Eastern Boundary--Thence,
         north along the north and
         south center line of
         Townships T1N, R4E, T2N,
         R4E, and T3N, R4E, Boise
         Meridian to the beginning
         point in the center of
         the channel of the Boise
         River.
    Remainder of AQCR 64..........    11/15/90  Unclassifiable...........
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 03-856 Filed 1-15-03; 8:45 am]
BILLING CODE 6560-50-P