[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Rules and Regulations]
[Pages 44915-44921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16973]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2008-0336; FRL-8697-1]


Approval and Promulgation of State Implementation Plans: Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving revisions to Idaho's State Implementation 
Plan (SIP) relating to open burning and crop residue disposal 
requirements and visible emissions. The Director of the Idaho 
Department of Environmental Quality (IDEQ) submitted a draft SIP 
revision to the EPA on April 15, 2008. The EPA proposed to approve this 
draft SIP revision on April 29, 2008, and stated that, if adopted by 
the State substantially unchanged from its current form, it would 
satisfy the requirements of the Clean Air Act (hereinafter the Act or 
CAA). 73 FR 23155. The Director of the IDEQ submitted a final SIP 
revision to the EPA on May 28, 2008. Based on EPA's review of this 
final SIP revision, EPA's analysis and review of the 2008 draft SIP 
revision (73 FR 23155), and comments received by the EPA during the 
public comment period on EPA's proposed approval of the draft SIP 
revision, the EPA is approving the final SIP revision submitted by the 
IDEQ on May 28, 2008, because it satisfies the requirements of the CAA.
    The Director of the IDEQ also submitted a SIP revision relating to 
open burning and crop residue disposal requirements on May 22, 2003, 
which the EPA approved on July 11, 2005 (70 FR 39658). In a ruling 
issued on January 30, 2007, and amended on May 29, 2007, that approval 
was remanded and vacated by the U.S. Court of Appeals for the 9th 
Circuit in Safe Air for Everyone v. USEPA, 475 F.3d 1096, amended 488 
F.3d 1088 (9th Cir 2007) (SAFE decision). In the EPA's April 29, 2008, 
proposal discussed above, the EPA re-proposed to approve the portion of 
the May 22, 2003, SIP revision that would not be changed by the draft 
SIP revision, if adopted, submitted on April 15, 2008. We are also 
finalizing our approval of this portion of the 2003 SIP revision 
because it satisfies the requirements of the Act and does not 
contravene the Court's SAFE decision.

DATES: This action is effective on September 2, 2008.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2008-0336. All documents in the 
docket are listed on the http://www.regulations.gov Web site. Although 
listed in the index, some information may not be publicly available, 
i.e., Confidential Business Information 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 through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air, 
Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Seattle, Washington 
98101. The EPA requests that you contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Donna Deneen, (206) 553-6706, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of this final rule is available only by filing a petition for 
review in the U.S. Court of Appeals for the 9th Circuit by September 
30, 2008. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this action 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. Moreover, under CAA section 
307(b)(2), the requirements established by this final action may not be 
challenged separately in any civil or criminal proceedings brought to 
enforce these requirements.

[[Page 44916]]

    Throughout this document whenever ``we,'' ``us,'' or ``our'' is 
used, we mean the EPA. Information is organized as follows:

Table of Contents

I. Background
II. Final 2008 SIP Revision Request
III. Comments Received During the EPA Public Comment Period
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    The EPA is approving revisions to Idaho's SIP relating to open 
burning and crop residue disposal requirements and to a provision 
addressing visible emissions. This final approval encompasses a 
revision relating to IDAPA 58.01.01.600-603, 606, 617-623, and 625, 
submitted recently by the IDEQ to the EPA on May 28, 2008, and referred 
to here as the ``2008 SIP revision request.'' This final approval also 
encompasses a portion of a revision request relating to IDAPA 
58.01.01.604, 607-610, 612, 613, 615 and 616 submitted by the IDEQ to 
the EPA on May 22, 2003, and referred to here as the ``2003 SIP 
revision request.''
    On May 22, 2003, Idaho submitted to the EPA a requested revision to 
its SIP relating to open burning and crop residue disposal 
requirements. This 2003 SIP revision request contained a number of 
changes including editorial changes, the addition of a provision 
regarding the immediate abatement of open burning in emergencies, 
removal of a provision regarding discretionary approval of alternatives 
to open burning, and the addition of a provision to specify that crop 
residue burning was an allowable form of open burning.
    On July 11, 2005, the EPA approved Idaho's 2003 SIP revision 
request, explaining that we considered it to be a clarification of 
Idaho's prior SIP rather than a substantive amendment. 70 FR 39658 and 
70 FR 41963 (2005 SIP approval). A citizen's group filed a petition for 
judicial review of our 2005 SIP approval in the U.S. Court of Appeals 
for the 9th Circuit, claiming that the approval relaxed the existing 
SIP and that we were incorrect in viewing the 2003 SIP revision request 
as a clarification of the prior SIP. (Safe Air for Everyone v. USEPA, 
475 F.3d 1096, amended 488 F.3d 1088 (9th Cir 2007)). On January 30, 
2007 (as amended on May 29, 2007), the Court granted the petition for 
review, vacated the 2005 SIP approval, and remanded the matter to the 
EPA.
    Subsequent to the remand, Idaho initiated a negotiated process to 
revise the challenged portions of the 2003 SIP revision request. This 
negotiated process included discussions with representatives of the 
State, the IDEQ, the Idaho State Department of Agriculture (ISDA), Safe 
Air For Everyone (SAFE), numerous agricultural organizations, and 
farmers who burn crop residue. As a result of the negotiations, the 
State has revised its approach to the open burning of crop residue, 
enacted new legislation addressing the practice, and developed rules 
for submission to the EPA.
    On April 15, 2008, Idaho submitted a draft SIP revision containing 
the state's revised draft rules (the 2008 draft SIP revision request) 
and a request for parallel processing. The EPA proposed approval of the 
2008 draft SIP revision request on April 29, 2008 (73 FR 23155), and 
explained in its discussion of parallel processing that it may take 
final action to approve a SIP revision request if the final version of 
the adopted state submission remains substantially unchanged from the 
submission on which the proposed approval rulemaking was based (73 FR 
23156). In the same notice, the EPA proposed approval of the portion of 
the 2003 SIP revision request that would not be changed by the 2008 SIP 
revision request and that was not part of the federally approved Idaho 
SIP due to the Court's remand and vacatur of our 2005 SIP approval of 
the 2003 submission. 73 FR 23155. The EPA did not parallel process the 
portion of the 2003 SIP revision request that was not changed by the 
2008 draft SIP revision request or the 2008 SIP revision request 
because this portion of the 2003 SIP revision request had already been 
through the state public process, was adopted in its final form under 
state law, and was officially submitted to the EPA prior to our 
proposed approval on April 29, 2008 (73 FR 23155). More discussion on 
the basis for our approval can be found at 73 FR 23155 (April 29, 
2008).

II. Final 2008 SIP Revision Request

    Idaho initiated a 30-day public comment period on the 2008 draft 
SIP revision request and, on May 2, 2008, held a public hearing on the 
request. Idaho subsequently prepared and adopted its final version of 
the 2008 SIP revision request, and on May 28, 2008, submitted the 
resulting 2008 SIP revision request to the EPA for final action and 
approval.
    In response to public comments during the state public comment 
period on its draft SIP revision request, the IDEQ made several 
clarifications which it included in the final 2008 SIP revision request 
submitted to EPA. For example, the IDEQ made several clarifications in 
response to comments from the Nez Perce Tribe to further clarify that 
the 2008 SIP revision request did not apply to crop residue burning on 
Indian Reservations in Idaho and to better clarify where certain 
technical information in the SIP, such as air monitoring data, 
pertained to the Nez Perce burn permit program and reservation lands 
rather than to the IDEQ and state lands.
    In response to comments from SAFE, the IDEQ clarified certain 
criteria for making burning decisions under IDAPA 58.01.01.621.01 and 
how the IDEQ intends to implement those criteria. For example, the IDEQ 
confirmed that it will use the data from the continuous PM 2.5 monitors 
it operates in deciding whether to permit burning in accordance with 
IDAPA 58.01.01.621.01. The IDEQ also confirmed that it would account 
for background smoke from wildfires and other burning, including 
emissions from wildfires and burning in tribal areas and in upwind 
states, in determining whether the levels that would prohibit burning 
in IDAPA 58.01.01.621.01 are exceeded or predicted to be exceeded. With 
respect to the prohibition in IDAPA 58.01.01.621.01.f on authorizing 
burns if conditions are such that institutions with sensitive 
populations will be adversely impacted or when the plume is predicted 
to impact such institutions, the IDEQ clarified that the prohibition 
would apply to burning within three miles of institutions with 
sensitive populations when wind speeds exceed 12 miles and that, 
generally, the wind speed should be within 3 to 8 miles per hour.
    The EPA has reviewed the revisions and the submitted clarifications 
made by the IDEQ in the final 2008 SIP revision request and has 
determined that the 2008 SIP revision request remains substantially 
unchanged from the 2008 draft SIP revision request on which the EPA's 
proposed approval was based. Based on our review and analysis of the 
2008 draft SIP revision request and associated proposed EPA approval on 
April 29, 2008 (73 FR 23155), Idaho's public comment period and hearing 
on the draft 2008 SIP revision request and IDEQ's responses to comments 
submitted to EPA following the State's administrative process, and the 
comments the EPA received during the public comment period on EPA's 
proposed approval, we are taking final action to approve the 2008 SIP 
revision request. Moreover, based on these factors, we also conclude 
that approval of the SIP will not interfere with any applicable 
requirement concerning attainment and reasonable further

[[Page 44917]]

progress or any other applicable requirement of the Clean Air Act.

III. Comments Received During the EPA Public Comment Period

    The following summarizes the issues raised in comments on the EPA's 
proposed approval on April 29, 2008 (73 FR 23155), and provides EPA's 
responses to those issues.
    Comment: A number of commenters objected to agricultural field 
burning and asked the EPA not to approve the 2008 SIP revision request, 
citing health and general air quality concerns. Some commenters 
suggested that, by allowing field burning, agribusinesses were getting 
special treatment and that economic concerns were outweighing health 
concerns. One commenter added that there are viable alternatives to 
burning and that the end consumer should bear the true costs of 
products they demand.
    Response: The EPA is aware of and continues to be concerned about 
the health and welfare impacts associated with crop residue burning in 
Idaho. In reviewing a SIP revision, EPA's task is to determine whether 
the SIP revision complies with the requirements of the Clean Air Act. 
As discussed in the proposal, the burning of crop residue is allowed 
under the 2008 SIP revision request only after first obtaining a permit 
and burn approval from the IDEQ. IDAPA 58.01.01.618-621. The IDEQ may 
approve a burn only if the IDEQ determines that ambient air quality 
levels do not exceed seventy five percent of the level of any NAAQS on 
any day and are not projected to exceed such level over the next 24 
hours. In addition, the IDEQ must determine that ambient air quality 
levels have not reached, and are not forecasted to reach and persist 
at, eighty percent of the one hour action criteria for particulate 
matter under IDAPA 58.01.01.556.\1\ 58.01.01.621.01. In making these 
determinations, the IDEQ must consider the expected emissions from the 
proposed burn, the proximity of the proposed burn to other burns, the 
moisture content of the fuels, the acreage, crop type and other fuel 
characteristics, existing and expected meteorological conditions, the 
proximity of the proposed burn to institutions with sensitive 
populations, public roadways, and airports, and other relevant factors. 
IDAPA 58.01.01.621. Other restrictions on the burning of crop residue 
are contained in IDAPA 58.01.01.617 through 623.
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    \1\ The current one hour action criteria under IDAPA 
58.01.01.556 are an average of 80 [mu]g/m\3\ for PM2.5 
and an average of 385 [mu]g/m\3\ for PM10.
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    In its response to comments during the state public comment 
process, the IDEQ made clear that it will consider the smoke 
contribution from other burns, including wildfires and prescribed 
burns, as well as the contribution from wildfires and other burning on 
Indian Reservations and upwind states in determining whether the 
conditions to allow burning are met. The IDEQ also made other important 
clarifications regarding how the IDEQ intends to implement those 
criteria. As explained in our proposal, the EPA has determined that the 
2008 draft SIP revision request meets the requirements of the Clean Air 
Act, including section 110(l) of the Act, which prohibits the 
Administrator from approving a SIP revision ``if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of 
[the Act].'' 73 FR 23155 (April 29, 2008). Because the Administrator is 
required to approve a SIP revision that complies with the provisions of 
the Clean Air Act and applicable Federal regulations (see 42 U.S.C. 
7410(k) and 40 CFR 52.02(a)) and the 2008 SIP revision request complies 
with those requirements, the EPA is taking final action to approve 
these revisions to the Idaho SIP.
    Comment: Several commenters supported EPA's approval of the state's 
draft 2008 SIP revision request or agricultural burning. Some thought 
that restricting field burning was unfair when other types of burning 
are allowed. Some raised concerns about the economic costs of not 
burning and losing grass fields and family farms, and in some cases 
claimed that burning improves air quality because it retains green 
spaces and prevents those areas from being developed. One commenter 
that supported burning also acknowledged that there are areas and 
instances where burning should be tightly monitored and controlled. 
Some thought burning should be tolerated because it occurs only for a 
short period during the year.
    Response: The EPA acknowledges these commenters' support of the 
proposed rule. To the extent that the commenters are suggesting the 
2008 SIP revision request is too restrictive, however, the EPA adds 
that it does not have the authority to add or remove restrictions in 
this rulemaking process and that, in its review of a SIP submission, 
the EPA's role is to approve or disapprove state choices, based on 
whether they meet the criteria of the Clean Air Act. In this case, the 
State of Idaho chose to adopt and submit provisions relating to the 
burning of crop residue. Accordingly, this final action merely approves 
the state program as meeting Federal requirements and does not impose 
additional requirements.
    Comment: One commenter said that the EPA is rushing this decision 
without adequate time for proper study of the issue and consideration 
of a fee/compensation program. The commenter further stated that 
growers should be required to pay sufficient compensation to those 
damaged by pollution from burning.
    Response: The Clean Air Act does not specifically require states to 
impose a fee or compensation requirement for burn programs. As 
discussed above, the EPA does not have the authority to add provisions 
to or to remove restrictions in the state program in this rulemaking 
process. In our review of a SIP submission, the EPA's role is to 
approve or disapprove state choices, based on whether they meet the 
criteria of the Clean Air Act. In any event, Idaho House Bill 557 
requires a $2/acre fee be paid to the IDEQ prior to burning. See also 
IDAPA 58.01.01.620.
    Section 110(a)(2)(E) of the Clean Air Act does require that the 
state have adequate funding and staff to carry out the provisions of 
its SIP. The State of Idaho has stated that it has adequate funding and 
personnel to carry out the procedures identified in the 2008 SIP 
revision request and refers to funds appropriated by the Idaho 
Legislature, future receipts for crop residue burning, and an increase 
in staff to accomplish these tasks (Section 1.6.2 of the 2008 SIP 
revision request). The EPA relies on these statements made by the IDEQ 
to conclude that the 2008 SIP revision request meets the requirements 
of section 110(a)(2)(E) of the Clean Air Act.
    The EPA is unclear about what the commenter means by stating that 
the EPA is rushing this decision without ``proper study.'' The EPA 
provided a 30 day public comment opportunity on its proposed approval 
of the 2008 draft SIP revision request at 73 FR 23155 (April 29, 2008). 
Based on the analysis and review in that proposal, consideration of 
public comments received by the EPA during the public comment period, 
and the final 2008 SIP revision request, the EPA concludes that the 
IDEQ's 2008 SIP revision request meets the requirements of the Clean 
Air Act.
    Comment: One commenter stated that the cumulative effects of smoke 
generated by fire of all sorts needed to be limited and that there is a 
need for more and better data about where the smoke from field burning 
actually goes.

[[Page 44918]]

    Response: In the 2008 SIP revision request, the IDEQ specifically 
acknowledged that regional coordination of burn decisions and smoke 
management is important in order to avoid unacceptable cumulative smoke 
impacts within and across jurisdictions. The IDEQ further explained 
that it would account for background smoke from wildfires and other 
burning, including emissions from wildfires and burning in tribal areas 
and in upwind states, in determining whether the levels that would 
prohibit burning in IDAPA 58.01.01.621.01 are exceeded or predicted to 
be exceeded.
    As noted above, we reviewed and analyzed the draft 2008 draft SIP 
revision request in our April 29, 2008, proposal and concluded that the 
draft 2008 SIP revision request met the requirements of the Clean Air 
Act.
    Comment: The Nez Perce Tribe stated that it supports the EPA's 
approval of the revisions to Idaho's SIP relating to the open burning 
and crop residue disposal requirements and visible emissions. The Tribe 
emphasized the importance of the EPA's acknowledgment in the proposal 
that the Idaho SIP does not apply within the exterior boundaries of the 
1863 Nez Perce Reservation. The Tribe also clarified that it was not a 
part of the negotiations that led to the development of the 2008 SIP 
revision request, but that the Tribe's air quality program attended 
meetings in a technical assistance capacity. The Nez Perce Tribe stated 
that it is willing to continue to provide technical assistance to the 
IDEQ and looks forward to working with the IDEQ and the EPA on 
coordinating smoke management and burn decisions in the Clearwater 
airshed.
    Response: The EPA acknowledges the Nez Perce Tribe's support for 
the EPA's approval of Idaho's SIP revision request, as well as the 
Tribe's continued technical support on air quality efforts. As stated 
in our proposal, the EPA's approval of Idaho's 2008 SIP revision 
request does not apply to Indian Country in Idaho, including all lands 
within the exterior boundaries of the Nez Perce Reservation as 
described in the 1863 Nez Perce Treaty. 73 FR 23162. The EPA also 
acknowledges the Nez Perce Tribe's role in the development of Idaho's 
2008 SIP revision request.
    Comment: The Montana Department of Environmental Quality (MDEQ) 
stated that it supports Idaho's final rules on crop residue burning and 
the IDEQ's efforts to control the emissions from crop residue burning. 
In addition, the MDEQ commended the IDEQ's efforts to establish 
coordination between crop residue burners and other burners to protect 
the NAAQS, noting that it particularly supports coordination with the 
Idaho/Montana Smoke Management Group. The MDEQ also noted its support 
of Idaho's intent to further study interstate transport issues.
    Response: The EPA acknowledges the MDEQ's support of Idaho's final 
rules relating to the open burning of crop residue and acknowledges the 
importance of coordination among states and tribes in protecting air 
quality.
    Comment: Safe Air For Everyone (SAFE) stated that, in responding to 
comments during State administrative proceedings on the 2008 draft SIP 
revision request, the IDEQ made important commitments regarding 
implementation of the burn permit program and that SAFE was relying on 
those commitments to make the SIP effective. SAFE continued that the 
IDEQ and SAFE had come to a mutual understanding and agreement that 
both the IDEQ's Response to Comments (included in Appendix E of the 
2008 SIP revision request) and Appendix J of the 2008 SIP revision 
request are part of the SIP. SAFE requested that the EPA confirm that 
the IDEQ's submitted Response to Comments and Appendix J are part of 
the federally approved SIP and that the criteria for burn 
determinations included in the IDEQ's Response to Comments and Appendix 
J are requirements of the federally approved and federally enforceable 
SIP. With that understanding, SAFE stated that it fully supports the 
EPA's approval of the Idaho 2008 SIP revision request. If the EPA does 
not recognize the criteria for burn determinations in the IDEQ's 
Response to Comments and Appendix J as part of the federally approved 
and enforceable SIP, SAFE asserted that the Idaho SIP revision would 
not be lawful because it would not comply with the Clean Air Act and 
EPA's implementing regulations for the reasons discussed in SAFE's 
comments to the IDEQ during the state public comment period. In that 
event, SAFE requested that the EPA consider the comments SAFE submitted 
to the IDEQ during Idaho's public comment period as objections to the 
EPA's approval as well.
    Response: In a letter dated June 11, 2008, the IDEQ stated that it 
had reviewed SAFE's comment letter to EPA, and that the IDEQ had 
submitted the Response to Comments and Appendix J with the intent that 
they be considered part of the Idaho 2008 SIP revision request. The 
IDEQ further acknowledged that, upon the EPA's approval of the Idaho 
2008 SIP revision request, the 2008 SIP revision request will be 
federally enforceable.
    The EPA agrees that both the IDEQ's Response to Comments and 
Appendix J are part of the 2008 SIP revision request, and, upon the 
EPA's approval, will be part of the federally approved and federally 
enforceable Idaho SIP. Our approval of the 2008 SIP revision request 
relies upon the statements made by the IDEQ throughout the SIP 
revision, including those statements made in the IDEQ Response to 
Comments and Appendix J, regarding how the IDEQ intends to implement 
its crop residue burning program. This includes statements made by the 
IDEQ in its Response to Comments and Appendix J relating to the 
criteria for making burning decisions and how the IDEQ intends to 
implement those criteria. As part of our approval action, the EPA is 
including Idaho's complete submitted 2008 SIP revision request, 
including the IDEQ's Response to Comments and Appendix J, in the 
identification of plan section of the Code of Federal Regulations at 40 
CFR 52.670.
    As we discussed in the proposal, the past ten years of air quality 
data show no monitored evidence that the burning of crop residue has 
led to a violation of the NAAQS. To the extent that the burning of crop 
residue may contribute to exceedances of the revised NAAQS for ozone 
and PM2.5, the provisions at IDAPA 58.01.01.617 through 623 of Idaho's 
new crop residue burning program adequately address those concerns by 
preventing crop residue burning on days when a NAAQS exceedance may 
occur. In addition, the IDEQ provided supporting material, including 
the analysis of air quality, meteorology, emissions inventory, and non-
regulatory modeling to show that the crop residue burning activity in 
the State of Idaho is not causing nor significantly contributing to a 
violation of the NAAQS. Based on the IDEQ's SIP submission, including 
the IDEQ's Response to Comments and Appendix J, and for the reasons 
discussed in our proposed approval notice, we conclude that our 
approval of the Idaho 2008 SIP revision request will not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of the CAA.

IV. Final Action

    For the reasons provided above and in our proposed rule, we are 
approving Idaho's 2008 SIP revision request, including the revisions to 
allow the open burning of crop residue, and the provision addressing 
visible emissions.

[[Page 44919]]

More specifically, we are approving the 2008 SIP revision request 
relating to IDAPA 58.01.01.600-603, 606, 617-623, and 625 that includes 
both changes to the general open burning rules that were contained in 
the 2003 SIP revision request and changes to those rules that 
specifically relate to crop residue burning. We are also approving the 
portion of the 2003 SIP revision request relating to IDAPA 
58.01.01.604, 607-610, 612, 613, 615 and 616 that was not changed by 
the 2008 draft SIP revision request and that was not part of the 
federally approved Idaho SIP due to the Court's remand and vacatur of 
our 2005 SIP approval of the 2003 submission. We are approving the 
State's submitted 2008 revisions and the unchanged 2003 submission 
provisions because they meet the requirements of the Clean Air Act.
    As discussed in the proposal, because Idaho has not demonstrated 
authority to implement and enforce IDAPA Chapter 58 within ``Indian 
country'' as defined in 18 U.S.C. 1151,\2\ this SIP approval does not 
extend to ``Indian country'' in Idaho. 73 FR 23162.
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    \2\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1) 
All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through 
the reservation, (2) all dependent Indian communities within the 
borders of the United States, whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a State, and (3) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same. Under this definition, EPA treats 
as reservations trust lands validly set aside for the use of a Tribe 
even if the trust lands have not been formally designated as a 
reservation. In Idaho, Indian country includes, but is not limited 
to, all lands within the exterior boundaries of the Coeur d'Alene 
Reservation, the Duck Valley Reservation, the Reservation of the 
Kootenai Tribe, the Fort Hall Indian Reservation, and the Nez Perce 
Reservation as described in the 1863 Nez Perce Treaty.
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and the EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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. The EPA will submit a report containing this action 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: July 16, 2008.
Elin D. Miller,
Regional Administrator, Region 10.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart N--Idaho

0
2. Section 52.670 is amended to read as follows:
0
a. In the table in paragraph (c):
0
i. By removing ``[Idaho Administrative Procedures Act (IDAPA) Chapter 
58, Rules for the Control of Air Pollution in Idaho Previously Codified 
at IDAPA Chapter 39 (Appendix A.3)]'' from the table heading.
0
ii. By removing the section heading ``58.01.01--Rules for the Control 
of Air Pollution in Idaho'' and adding in its place ``Idaho 
Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control 
of Air Pollution in Idaho''.
0
iii. By revising entries 600 through 603.
0
iv. By revising entries 606 through 610.
0
v. By revising entries 612 and 613.
0
vi. By revising entries 615 though 617.
0
vii. By adding in numerical order entries 618 though 623.
0
viii. By revising entry 625.
0
ix. By adding a section heading ``State Statutes'' and an entry for 
State Statutes ``Section 1 of House Bill 557, codified at Idaho Code 
section 39-114'' at the end of the table.
0
b. In paragraph (e) by adding an entry to the end of the table.


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

[[Page 44920]]



                                                             EPA-Approved Idaho Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           State
           State citation                      Title/subject             effective             EPA approval date                    Explanations
                                                                           date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
600.................................  Rules for Control of Open               4/2/08  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                       Burning.                                        the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
601.................................  Fire Permits, Hazardous                 4/2/08  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                       Materials and Liability.                        the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
602.................................  Nonpreemption of Other                  4/2/08  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                       Jurisdictions.                                  the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
603.................................  General Restrictions..........         4/2/08,  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                                                            3/21/03,   the document begins].                7/11/05 removed in response
                                                                              5/1/94                                        to 9th Circuit remand.
606.................................  Categories of Allowable                 4/2/08  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                       Burning.                                        the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
607.................................  Recreational and Warming Fires         3/21/03  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                                                                       the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
608.................................  Weed Control Fires............          5/1/94  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                                                                       the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
609.................................  Training Fires................         3/21/03  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                                                                       the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
610.................................  Industrial Flares.............         3/21/03  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                                                                       the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
 
                                                                      * * * * * * *
612.................................  Landfill Disposal Site Fires..         3/21/03  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                                                                       the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
613.................................  Orchard Fires.................        3/21/03,  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                                                              5/1/94   the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
 
                                                                      * * * * * * *
615.................................  Dangerous Material Fires......         3/21/03  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                                                                       the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
616.................................  Infectious Waste Burning......         3/21/03  8/1/08 [Insert page number where     Previous EPA Approval Date of
                                                                                       the document begins].                7/11/05 removed in response
                                                                                                                            to 9th Circuit remand.
617.................................  Crop Residue..................          4/2/08  8/1/08 [Insert page number where     .............................
                                                                                       the document begins].
618.................................  Permit By Rule................          4/2/08  8/1/08 [Insert page number where     .............................
                                                                                       the document begins].
619.................................  Registration for Permit By              4/2/08  8/1/08 [Insert page number where     .............................
                                       Rule.                                           the document begins].
620.................................  Registration Fee..............          4/2/08  8/1/08 [Insert page number where     .............................
                                                                                       the document begins].
621.................................  Burn Determination............          4/2/08  8/1/08 [Insert page number where     .............................
                                                                                       the document begins].
622.................................  General Provisions............          4/2/08  8/1/08 [Insert page number where     .............................
                                                                                       the document begins].
623.................................  Public Notification...........          4/2/08  8/1/08 [Insert page number where     .............................
                                                                                       the document begins].

[[Page 44921]]

 
625.................................  Visible Emissions.............          4/2/08  8/1/08 [Insert page number where     .............................
                                                                                       the document begins].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     State Statutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1 of House Bill 557,          Open Burning of Crop Residue..        03/07/08  8/1/08 [Insert page number where     .............................
 codified at Idaho Code section 39-                                                    the document begins].
 114.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (e) * * *

                                       EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
      Name of SIP provision        Applicable geographic or   submittal              EPA approval date                            Comments
                                      nonattainment area         date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Open Burning of Crop Residue       State-wide..............      5/28/08  8/1/08 [Insert page number where the     .....................................
 State Implementation Plan                                                 document begins].
 Revision.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E8-16973 Filed 7-31-08; 8:45 am]
BILLING CODE 6560-50-P