[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Proposed Rules]
[Pages 508-510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33281]



[[Page 508]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2007-0406; FRL-9247-9]


Approval and Promulgation of Implementation Plans; Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the Idaho State 
Implementation Plan (SIP) that were submitted to EPA by the State of 
Idaho on April 16, 2007. This SIP submittal includes new and revised 
rules which provide the Idaho Department of Environmental Quality 
(IDEQ) the regulatory authority to address regional haze and to 
implement Best Available Retrofit Technology (BART) requirements. The 
rule revisions were submitted in accordance with the requirements of 
section 110 and part D of the Clean Air Act (hereinafter the Act or 
CAA). EPA is also taking action on several other visibility-related 
rule revisions included in the submittal which are not specifically 
related to regional haze or BART requirements. One revision related to 
open burning is not being addressed in this action because it was 
superseded by a subsequent SIP revision on May 28, 2008, which was 
approved in a separate rulemaking on August 1, 2008. Other revisions 
related to permitting are not being addressed in this action because 
they were superseded by subsequent SIP revisions on May 12, 2008, and 
June 8, 2009, which were approved in a separate rulemaking on November 
26, 2010.

DATES: Comments must be received on or before February 4, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2007-0406, by any of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Mail: Steve Body, EPA Region 10, Office of Air, Waste and 
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle WA, 98101. Attention: Steve Body, Office of Air, 
Waste and Toxics, AWT-107. Such deliveries are only accepted during 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2007-0406. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.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 http://www.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 http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., 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. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, 
Seattle WA, 98101.

FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206) 
553-0782, e-mail address: [email protected], or the above EPA, Region 
10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' are used, we mean EPA. Information is organized as 
follows:

Table of Contents

I. Purpose of Proposed Action
II. Background for Proposed Action
III. Idaho SIP Revisions and EPA's Proposed Action
    A. New and Revised Definitions
    B. Regional Haze (including BART) Provisions
    C. Other Visibility-Related Provisions
IV. Scope of Proposed Action
V. Statutory and Executive Order Reviews

I. Purpose of Proposed Action

    The purpose of this action is to propose approval of revisions to 
Idaho's SIP that were submitted to EPA by the State of Idaho IDEQ on 
April 16, 2007. The SIP submittals revise and amend IDEQ's Rules for 
the Control of Air Pollution in Idaho (IDAPA 58.01.01) currently in the 
Federally approved Idaho SIP (Code of Federal Regulations part 52, 
subpart N). This action will update the Federally approved SIP to 
reflect changes to IDAPA 58.01.01 that were made by IDEQ and reviewed 
and deemed approvable into the SIP. The proposed SIP revisions are 
explained in more detail below along with our evaluation of how these 
rules comply with the requirements for SIPs and the basis for our 
action.

II. Background for Proposed Action

    Title I of the CAA, as amended by Congress in 1990, specifies the 
general requirements for states to submit SIPs to meet requirements of 
the Act and EPA's actions regarding approval of those SIPs. With this 
action we propose to approve the SIP submittal related to regional 
haze, and specifically, BART. We are taking no action on some of the 
provisions of the April 16, 2007, submittal because they were 
superseded in a May 28, 2008, submittal which was subsequently approved 
in a separate rulemaking on August 1, 2008. 73 FR 44915. We are also 
proposing to take no action in this rulemaking on other SIP revisions 
related to permitting because they were superseded by a May 12, 2008, 
submittal which was subsequently approved in a separate rulemaking on 
November 26, 2010. 75 FR 72719.

III. Idaho SIP Revisions and EPA's Proposed Action

A. New and Revised Definitions

    Idaho has made numerous revisions to its definition sections 
(Section 006 General Definitions and Section 007 Definitions for the 
Purposes of Sections 200 through 228 and 400 through 461). New 
definitions have been added for the new regional haze provisions, some

[[Page 509]]

existing definitions related to visibility permitting have been revised 
for use in the regional haze provisions and relocated from Section 007 
to Section 006, and numerous editorial changes have been made to 
conform to renumbered definitions and correct internal cross-
references. Specifically:
New Definitions
    Idaho has added several new definitions for the purposes of the new 
regional haze rules, specifically: Section 006.14 Bart-Eligible Source; 
Section 006.16 Best Available Retrofit Technology (BART); Section 
006.28 Deciview; Section 006.43 Federally Enforceable; Section 006.59 
Least Impaired Days; Section 006.65 Most Impaired Days; Section 006.67 
Natural Conditions; Section 006.91 Regional Haze; and Section 006.125 
Visibility in Any Mandatory Class I Area. These new definitions are 
consistent with the EPA definitions in 40 CFR 51.301. EPA proposes to 
approve these new definitions.
Existing Definitions With Revisions
    The following currently-approved definitions have been revised, 
renumbered, and/or relocated to make them consistent with the new 
regional haze provisions: Section 006.04 Adverse Impact on Visibility 
(moved from 007.01 to 006.04 and clarified how it relates to integral 
vistas under 40 CFR 51.307); Section 006.41 Federal Class I Area 
(removed cross reference to Section 580); Section 006.42 Federal Land 
Manager (revised to make applicable only to Class I areas); Section 
006.57 Integral Vista (moved from 007.07 to 006.57 and removed 
reference to 40 CFR 51.304(a)); Section 006.61 Mandatory Class I 
Federal Area (moved from 007.08 to 006.61 and replaced reference to 42 
U.S.C. 7472(a) with a reference to 40 CFR 81.400 to 437); Section 
006.81 Potential to Emit/Potential Emissions (removed language 
regarding capacity factor); and Section 006.124 Visibility Impairment 
(moved from 007.17 to 006.124 and added light extinction to the 
parenthetical list of examples of impairment).
    Since Idaho has now adopted EPA's Prevention of Significant 
Deterioration (PSD) rules by reference in Section 205, including the 
definitions at 40 CFR 52.21(b), these definitions are no longer needed 
for the purposes of Sections 200 through 228. The revised definitions 
are consistent with the EPA definitions in 40 CFR 51.301. EPA proposes 
to approve these revised definitions.
Renumbered Definitions and Definitions With Cross-Reference Changes 
Only
    The following currently-approved definitions have been renumbered 
and/or relocated without change or with changes only to internal cross-
references: Section 006.62 Member of the Public (cross-reference 
correction); Section 006.63 Modification (cross-reference correction); 
Section 006.92 Regulated Air Pollutant (cross-reference correction); 
Section 006.99 Secondary Emissions (moved from 007.13 to 006.99 
unchanged); Section 006.101 Significant (cross-reference correction); 
and Section 007.02 Baseline Actual Emissions (renumbered from 007.03 to 
007.02 and cross-references in paragraphs a.iv and d corrected).
    EPA proposes to approve the editorial changes to these existing 
approved definitions.

B. Regional Haze (including BART) Provisions

    Idaho has adopted new sections 665 through 668 which provide the 
State with the authority to address regional haze in accordance with 
the requirements of the Act and EPA's regulations at 40 CFR 51.300 
through 308. These include: Section 666 Reasonable Progress Goals, 
which is consistent with 40 CFR 51.308(d)(1); Section 667 Long-Term 
Strategy for Regional Haze, which is consistent with 40 CFR 
51.308(d)(3); and Section 668 BART Requirement for Regional Haze, which 
is consistent with 40 CFR 51.308(e). EPA proposes to approve these new 
rules as providing authority for Idaho to adopt a regional haze plan. 
EPA is proposing action on the Idaho regional haze plan in a separate 
rulemaking.
    In addition, Idaho has incorporated several Federal rules 
addressing visibility and Regional Haze at 58.01.01.107.03(a)(ii), and 
(c) Incorporation by Reference, specifically: 40 CFR part 51, subpart 
P, 40 CFR part 51, Appendix Y, and 40 CFR 51.301, 51.304(a), 51.307, 
and 51.308. This provision has been superseded by a more recent 
submittal (June 8, 2009) which was approved by EPA in a separate 
rulemaking on November 26, 2010. 75 FR 72719.

C. Other Visibility-Related Provisions

    Section 204 Permit Requirements for New Major Facilities or Major 
Modifications in Nonattainment Areas: Idaho has revised subsection 02, 
Additional Requirements, paragraph d. Effect on Visibility which is a 
requirement of a permit applicant for a permit to satisfactorily 
demonstrate to the IDEQ the effect on visibility of any Federal Class I 
area or integral vista is consistent with making reasonable progress 
toward the national visibility goal in 40 CFR 51.300(a). This provision 
has been superseded by a more recent submittal (May 12, 2008) which was 
approved by EPA in a separate rulemaking on November 26, 2010. 75 FR 
72719.
    Section 205 Permit Requirements for New Major Facilities or Major 
Modifications in Attainment or Unclassifiable Areas: Idaho has revised 
subsection 02, Effects on Visibility. Effect on Visibility which is a 
requirement of a permit applicant for a permit to satisfactorily 
demonstrate to the IDEQ the effect on visibility of any Federal Class I 
area or integral vista is consistent with making reasonable progress 
toward the national visibility goal in 40 CFR 51.300(a). This provision 
has been superseded by a more recent submittal (May 12, 2008) which was 
approved by EPA in a separate rulemaking on November 26, 2010. 75 FR 
72719.
    58.01.01.600 Rules for Control of Open Burning: This revision adds 
language to indicate that the purpose of the open burning rules 
includes reducing the visibility impairment in mandatory Class I 
Federal Areas in accordance with the regional haze long-term strategy. 
This provision has been superseded by a subsequent revision and was 
addressed in a separate action. See 73 FR 44915 (August 1, 2008).
    58.01.01.651 General Rules [for Control of Fugitive Dust]: This 
revision adds language requiring that proximity to a Class I area be 
considered when determining when reasonable precautions must be taken 
to prevent particulate matter from becoming airborne. We propose to 
approve this requirement as a SIP-strengthening rule change. This 
revision will allow Idaho to further control sources of fugitive dust 
when those sources impact air quality, including visibility, in Class I 
areas.

IV. Scope of Proposed Action

    Idaho has not demonstrated authority to implement and enforce IDAPA 
chapter 58 within ``Indian Country'' as defined in 18 U.S.C. 1151.\1\ 
Therefore,

[[Page 510]]

EPA proposes that this SIP approval not extend to ``Indian Country'' in 
Idaho. See CAA sections 110(a)(2)(A) (SIP shall include enforceable 
emission limits), 110(a)(2)(E)(i) (State must have adequate authority 
under State law to carry out SIP), and 172(c)(6) (nonattainment SIPs 
shall include enforceable emission limits). This is consistent with 
EPA's previous approval of Idaho's SIP revisions, in which EPA 
specifically disapproved the program for sources within Indian 
Reservations in Idaho because the State had not shown it had authority 
to regulate such sources. See 40 CFR 52.683(b). It is also consistent 
with EPA's approval of Idaho's title V air operating permits program. 
See 61 FR 64622, 64623 (December 6, 1996) (interim approval does not 
extend to Indian Country); 66 FR 50574, 50575 (October 4, 2001) (full 
approval does not extend to Indian Country).
---------------------------------------------------------------------------

    \1\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1) 
All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through 
the reservation, (2) all dependent Indian communities within the 
borders of the United States, whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a State, and (3) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same. Under this definition, EPA treats 
as reservations trust lands validly set aside for the use of a Tribe 
even if the trust lands have not been formally designated as a 
reservation. In Idaho, Indian country includes, but is not limited 
to, the Coeur d'Alene Reservation, the Duck Valley Reservation, the 
Reservation of the Kootenai Tribe, the Fort Hall Indian Reservation, 
and the Nez Perce Reservation as described in the 1863 Nez Perce 
Treaty.
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
proposed 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 proposed 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 CAA; and
     Does not provide 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 EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: December 22, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010-33281 Filed 1-4-11; 8:45 am]
BILLING CODE 6560-50-P