[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Proposed Rules]
[Pages 31778-31780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12700]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ID-03-003; FRL-7670-3]


Clean Air Act Approval and Promulgation of State Implementation 
Plans; Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to approve revisions related to open 
burning and crop residue disposal requirements in Idaho's State 
Implementation Plan (SIP). The Idaho Department of Environmental 
Quality (IDEQ) submitted these revisions to EPA for inclusion in the 
Idaho SIP on May 22, 2003. These revisions were submitted for the 
purposes of clarifying existing regulations and complying with section 
110 and part D of the Clean Air Act.

DATES: Comments must be received on or before July 7, 2004.

ADDRESSES: Submit your comments, identified by Docket ID No. ID-03-003, 
by one of the following methods:

    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the online instructions for submitting comments.
    B. E-mail: [email protected]
    C. Fax: (206) 553-0110
    D. Mail: Office of Air Quality, Attn: Environmental Protection 
Agency, Attn: Donna Deneen, Mailcode: OAQ-107, 1200 Sixth Avenue, 
Seattle, WA 98101.
    E. Hand Delivery: Environmental Protection Agency Region 10, Attn: 
Donna Deneen (OAQ-107), 1200 Sixth Avenue, Seattle, WA 98101, 9th 
floor. Such deliveries are only accepted during EPA's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.

    Instructions: Direct your comments to Docket ID No. ID-03-003. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov, or 
e-mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in an index. 
Although listed in the index, some information may not be publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Publicly available docket materials are 
available in hard copy at EPA Region 10, Office of Air Quality, 1200 
Sixth Avenue, Seattle, Washington 98101. A copy of the file, as it 
exists on the date of proposal, is also available for public viewing at 
EPA's Idaho Operations Office at EPA Region 10, Idaho Operations 
Office, 1435 N. Orchard St., Boise, ID 83706. EPA is open Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. 
Please contact the individual listed in the For Further Information 
Contact section to schedule your inspection.

FOR FURTHER INFORMATION CONTACT: Donna Deneen, Office of Air Quality, 
Region 10, OAQ-107, Environmental Protection Agency, 1200 Sixth Avenue, 
Seattle, WA 98101; phone: (206) 553-6706; fax number: (206) 553-0110; 
e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background Information
    1. What Revisions to the Idaho SIP Are We Proposing To Approve?
    2. Why Are We Proposing To Approve These Revisions?
    3. Summary of Proposed Action
II. Statutory and Executive Orders Review

[[Page 31779]]

I. Background Information

1. What Revisions to the Idaho SIP Are We Proposing To Approve?

    We are proposing to approve revisions to the portion of Idaho's 
State Implementation Plan relating to open burning found at IDAPA 
58.01.01.600 through 617. These revisions were submitted to EPA by the 
Director of the Idaho Department of Environmental Quality on May 22, 
2003. The revisions include modifications of existing language, the 
addition of two clarifying provisions, and the deletion of a never-
before-used provision. More discussion on these revisions is provided 
below.

2. Why Are We Proposing To Approve These Revisions?

    We are proposing to approve these revisions related to open burning 
in Idaho's SIP because they serve to clarify and strengthen the State's 
existing SIP and are consistent with Clean Air Act requirements. Of the 
provisions that IDEQ modified (i.e., not added or deleted), all are 
either editorial revisions, clarifications of existing provisions, or 
process revisions. By the nature of these types of modifications, they 
have no substantive impact on rule requirements and, therefore, are 
approvable.
    IDEQ added two clarifying sections to its rules. The first is 
section 58.01.01.603.02--Emergency Authority. This section provides 
that IDEQ has the authority to require immediate abatement of open 
burning in cases of emergency requiring immediate action to protect 
human health or safety. This provision clarifies the existing authority 
provided in Idaho Code Chapter 39 Title 1 (and approved at 68 FR 2217, 
January 16, 2003) to require immediate abatement of air pollution in 
emergency cases. Idaho Code section 39-112. Section 58.01.01.603.02 is 
approvable because it clarifies and therefore strengthens the existing 
federally-approved requirements.
    IDEQ added a second clarifying section at 58.01.01.617. This 
section clarifies that crop residue disposal is an allowable category 
of open burning. The current Idaho SIP states that ``The purpose of 
section 606 through 616 is to establish categories of open burning that 
are allowed when done according to prescribed conditions. Unless 
specifically exempted each category in section 606 through 616 is 
subject to all of sections 600 through 604.'' IDAPA 58.01.01.606. The 
new clarifying section at 58.01.01.617 is intended to clarify that the 
open burning of crop residue on fields where the crops were grown is 
also an allowable form of open burning if conducted in accordance with 
Idaho's Smoke Management and Crop Residue Disposal Act, Chapter 48, 
Title 22, Idaho Code, and the rules promulgated thereto, IDAPA 
02.06.16. ``Crop Residue Disposal Rules.'' As explained below, IDEQ has 
never prohibited open burning of crop residue or included regulation of 
it as part of a control strategy. As a result, this new provision is 
not a substantive change from existing provisions or the longstanding 
practice to burn crop residue within the State of Idaho.
    The existing federally-approved open burning requirements for Idaho 
do not specifically address the open burning of crop residue. As 
explained in a letter from the State of Idaho Office of the Attorney 
General, the Smoke Management Act (SMA) was enacted in 1985. At this 
time the legislature found that ``current knowledge and technology 
support the practice of burning grass seed fields to control disease, 
weeds and pests and the practice of burning cereal crop residues where 
soil has inadequate decomposition capacity. It is the intent of the 
legislature to promote those agricultural activities currently relying 
on field burning and minimize any potential effects on air quality. It 
is further the intent of the legislature that the department shall not 
promulgate rules and regulations relating to a smoke management plan, 
but rather that the department cooperate with the agricultural 
community in establishing a voluntary smoke management program.'' Idaho 
Code 39-2301 (1985). In the 1999 Smoke Management and Crop Residue 
Disposal Act, the Idaho legislature transferred the SMA 
responsibilities from IDEQ to the Idaho Department of Agriculture. The 
Idaho legislature again found that ``the current knowledge and 
technology support the practice of burning crop residue to control 
disease, weeds, pests and to enhance crop rotations.'' Idaho Code 
Chapter 48 Smoke Management and Crop Residue Disposal, 22-4801 (1999). 
The Act specifically provided that ``The open burning of crop residue 
grown in agricultural fields shall be an allowable form of open burning 
when the provisions of this chapter and any rules promulgated pursuant 
thereto and the environmental protection and health act and any rules 
promulgated thereto are met and when no other alternatives to burning 
are available* * *'' Idaho Code section 22-4803(1) (1999). The same 
language remains in the 2003 Smoke Management and Crop Residue Disposal 
Act. Idaho Code section 22-4801 (2003). The Crop Residue Disposal Rules 
are located at IDAPA 02.06.16.
    In 2003, to avoid potential confusion and make clear that the 
State's general prohibition of open burning is not intended to apply to 
crop residue, Idaho added section 58.01.01.617 to the IDEQ's general 
open burning regulations promulgated under the Environmental Protection 
and Health Act. The letter from the Idaho Attorney General's Office 
explained that by explicitly stating that burning of crop residue is an 
allowable form of open burning, the State intended to clarify, and not 
relax, the existing regulations in Idaho concerning crop residue 
burning. Therefore, the new section is approvable.
    Finally, IDEQ deleted one section, section 58.01.01.604--
Alternatives to Open Burning, from its rules. Under this provision, two 
years from the date an economical and reasonable alternative to a 
specific usage of open burning is approved by the Director of IDEQ, 
that usage of open burning is no longer allowed. This provision 
conflicts with the newer provision in the 2003 Smoke Management and 
Crop Residue Disposal Act which provides that open burning of crop 
residue is allowed only after the Director of the Idaho Department of 
Agriculture determines there are no economically viable alternatives to 
burning. Idaho Code section 22-4803. Under IDAPA section 58.01.01.604, 
the approval of alternatives is discretionary and to date has not been 
used. While EPA continues to encourage alternatives to open burning of 
crop residue, the removal of this provision has no substantive impact 
on existing federally-approved requirements. Therefore, we propose to 
approve the removal of section 58.01.01.604 from the Idaho SIP.

3. Summary of Proposed Action

    EPA is proposing to approve all of the amendments to the Rules for 
the Control of Air Pollution in Idaho, section 58.01.01.600 through 
section 58.01.01.617, as submitted on May 22, 2003.

II. Statutory and Executive Order Reviews

    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

[[Page 31780]]

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 (Pub. L. 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 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.).

List of Subjects in 40 CFR Part 52

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

    Dated: May 27, 2004.
L. John Iani,
Regional Administrator, Region 10.
[FR Doc. 04-12700 Filed 6-4-04; 8:45 am]
BILLING CODE 6560-50-P