[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Proposed Rules]
[Pages 41652-41653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14279]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R10-OAR-2005-ID-0002; FRL-7941-1]


Approval and Promulgation of Implementation Plans; Idaho; 
Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: In this action, EPA is proposing to correct an error in the 
incorporation by reference provisions in the approval of revisions to 
the Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01) 
published on January 16, 2003 (68 FR 2217). This correction would 
remove the list of State toxic air pollutants from the definition of 
``regulated air pollutant'' in the EPA-approved Idaho State 
implementation plan.

DATES: Written comments must be received by August 19, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. R10-OAR-
2005-ID-0002, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://www.epa.gov/edocket. EDOCKET, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    3. Mail: Office of Air, Waste, and Toxics, Environmental Protection 
Agency, Attn: David C. Bray, Mailcode: AWT-107, 1200 Sixth Avenue, 
Seattle, WA 98101.
    4. Hand Delivery: Environmental Protection Agency Region 10, Attn: 
David C. Bray (AWT-107), 1200 Sixth Ave., Seattle, WA 98101, 9th floor 
mail room. 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. R10-OAR-2005-
ID-0002. 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 EPA EDOCKET and the Federal regulations.gov Web site are 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 EDOCKET or 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 the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information may not be publicly available, such as CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy at EPA Region 10, Office of Air Quality, 1200 
Sixth Avenue, Seattle, Washington, from 8 a.m. to 4:30 p.m. Monday 
through Friday, excluding legal holidays. Please contact the individual 
listed in the For Further Information Contact section to schedule your 
inspection.

FOR FURTHER INFORMATION CONTACT: David C. Bray, Office of Air, Waste 
and Toxics, Region 10, AWT-107, Environmental Protection Agency, 1200 
Sixth Ave., Seattle, WA 98101; phone: (206) 553-4253; fax number: (206) 
553-0110; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
    A. What Correction Is EPA Proposing?
    B. What Is the Basis for This Action?
    C. What Will be the Effect of This Correction?
III. Statutory and Executive Order Requirements

[[Page 41653]]

I. Background

    On January 16, 2003 (68 FR 2217), EPA approved numerous changes to 
the Idaho Department of Environmental Quality (IDEQ) rules as revisions 
to the Idaho State implementation plan (SIP). In that rulemaking, EPA 
did not approve the IDEQ rules for toxic air pollutants or TAP's and 
specifically excluded the toxic air pollutant provisions (IDAPA 
58.01.01.203.03, 210, 223, 585, and 586) from its incorporation by 
reference. See 40 CFR 52.670(c)(37); 68 FR at 2224 (January 16, 2003); 
67 FR 52666, 52668, 52672-73 (August 13, 2002). However, EPA 
inadvertently incorporated a cross reference to the toxic air pollutant 
provisions (Sections 585 and 586) within the IDEQ definition of 
``regulated air pollutant'' (IDAPA 58.01.01.006(84)). It was EPA's 
intention to exclude all aspects of the IDEQ toxic air pollutant 
program from the federally-approved SIP.
    EPA also received a request from the IDEQ to correct the 
inadvertent incorporation by reference. In an October 20, 2004 letter 
to EPA, the Administrator of the IDEQ Air Quality Division requested 
that EPA clarify or correct its approval of the Idaho SIP.

II. This Action

A. What Correction Is EPA Proposing?

    EPA made an error by inadvertently including a cross reference to 
the toxics provisions within the IDEQ definition of ``regulated air 
toxic''. EPA is proposing to correct this error by amending the 
incorporation by reference of the Idaho SIP to exclude paragraph (f) 
from the definition of ``regulated air pollutant'' at IDAPA 
58.01.01.006(84).

B. What Is the Basis for This Action?

    Under section 110(k)(6) of the Clean Air Act, whenever EPA 
determines that its action approving, disapproving, or promulgating any 
plan or plan revision (or part thereof), area designation, 
redesignation, classification, or reclassification was in error, EPA 
may in the same manner as the approval, disapproval, or promulgation 
revise such action as appropriate without requiring any further 
submission from the state. Such determination and the basis thereof 
shall be provided to the state and public. Pursuant to section 
110(k)(6), EPA is proposing a revision to the Idaho SIP to correct the 
inadvertent incorporation by reference of the Idaho toxic air pollutant 
provisions within the definition of ``regulated air pollutant.''

C. What Will Be the Effect of This Correction?

    If EPA finalizes this correction to the incorporation by reference, 
then IDEQ's list of toxic air pollutants will not be considered to be 
``regulated air pollutants'' for purposes of the federally-approved 
SIP. All of the air pollutants regulated under the federal Clean Air 
Act will still be ``regulated air pollutants'' for SIP purposes in 
accordance with the IDEQ definition. The corrected definition meets or 
exceeds the requirements of the federal Clean Air Act and EPA's 
regulations for State implementation plans. The corrected definition is 
also consistent with IDEQ's SIP submittal and EPA's January 16, 2003 
approval action which specifically excluded IDEQ's toxic air pollutant 
rules from the EPA-approved SIP.

III. Statutory and Executive Order 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 proposed 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 corrects the 
incorporation by reference of the list of toxic air pollutants used in 
regulatory provisions that are not part of the EPA-approved SIP and 
does not impose any additional requirements on state, local or tribal 
governments or the private sector. 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 proposed 
action merely corrects the incorporation by reference of the list of 
State toxic air pollutants as initially requested by the State and does 
not alter the relationship or the distribution of power and 
responsibilities established in the CAA. 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 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.).

    Dated: July 7, 2005.
Julie Hagensen,
Acting Regional Administrator, Region 10.
[FR Doc. 05-14279 Filed 7-19-05; 8:45 am]
BILLING CODE 6560-50-P