[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Rules and Regulations]
[Pages 33651-33653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14204]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2007-0406, FRL-9316-7]


Approval and Promulgation of Implementation Plans; ID

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving 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.

DATES: This action is effective on July 11, 2011.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R10-OAR-2007-0406. 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://

[[Page 33652]]

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. 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: 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'' is used, we mean the EPA.
    Information is organized as follows:

Table of Contents

I. Background
II. Public Comments on the Proposed Action
III. Final Action
IV. Limitations in Indian Country
V. Statutory and Executive Order Reviews

I. Background

    On January 5, 2011, EPA published in the Federal Register, a 
proposal to approve new and revised Idaho administrative rules: 
IDAPA58.01.01.006.04.a,b,c; 006.14.a through z; 006.16; 006.28; 006.42; 
006.63.d; 006.65; 006.67; 006.81; 006.91; 006.92.b; 006.99; 006.101.b; 
006.124; 006.125; 007.02a.iv; 007.02.d; 651; 665; 666; 667; and 668. 
These rules provide the Idaho Department of Environmental Quality 
(IDEQ) the regulatory authority to address regional haze and to 
implement Best Available Retrofit Technology (BART) requirements. See 
76 FR 508. Included in Idaho's SIP revision submittal were several 
other visibility-related rule revisions 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.
    The rule revisions were submitted in accordance with the 
requirements of section 110 and part D of the Clean Air Act.

II. Public Comments on the Proposed Action

    EPA provided a 30-day review and comment period and solicited 
comments on our proposal published in the January 5, 2011, Federal 
Register (76 FR 508). EPA received no comments on this proposed action.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving as a SIP 
revision Idaho rules: IDAPA58.01.01.006.04.a,b,c; 006.14.a through z; 
006.16; 006.28; 006.42; 006.63.d; 006.65; 006.67; 006.81; 006.91; 
006.92.b; 006.99; 006.101.b; 006.124; 006.125; 007.02a.iv; 007.02.d; 
651; 665; 666; 667; and 668, that provide the State of Idaho authority 
to impose the BART provisions of 40 CFR 51.308(e). These revisions are 
described in detail in EPA's proposed action, published in the Federal 
Register on January 5, 2011, (76 FR 508).

IV. Limitations in Indian Country

    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, this SIP approval does 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).
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    \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 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 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 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 
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 CAA; 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

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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).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 8, 2011. 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May, 25, 2011.
Dennis J. McLerran,
Regional Administrator, Region 10.

    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. In Sec.  52.670(c), the table in paragraph (c) is amended:
0
a. By revising entries 006 and 007.
0
b. By revising entry 651.
0
c. By adding entries 665 through 668.


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Idaho Regulations
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        State citation          Title/subject   State effective date    EPA approval date       Explanations
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      Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
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                                                  * * * * * * *
006..........................  General          3/30/07 4/11/06, 7/1/ 6/9/11 [Insert page   Except Section
                                Definitions.     02, 4/5/00, 3/20/     number where the      006.55(b) (re:
                                                 97, 5/1/94.           document begins].     state air toxics in
                                                                                             definition of
                                                                                             ``modification'').
007..........................  Definitions for  3/30/07, 4/11/06, 4/  6/9/11 [Insert page
                                the Purposes     5/00, 6/30/95, 5/1/   number where the
                                of Sections      95, 5/1/94.           document begins].
                                200 through
                                225 and 400
                                through 461.
 
                                                  * * * * * * *
651..........................  General Rules..  3/30/07, 5/1/94.....  6/9/11 [Insert page
                                                                       number where the
                                                                       document begins].
665..........................  Regional Haze    3/30/07.............  6/9/11 [Insert page
                                Rules.                                 number where the
                                                                       document begins].
666..........................  Reasonable       3/30/07.............  6/9/11 [Insert page
                                Progress Goals.                        number where the
                                                                       document begins].
667..........................  Long-Term        3/30/07.............  6/9/11 [Insert page
                                Strategy for                           number where the
                                Regional Haze.                         document begins].
668..........................  BART             3/30/07.............  6/9/11 [Insert page
                                Requirement                            number where the
                                for Regional                           document begins].
                                Haze.
 
                                                  * * * * * * *
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[FR Doc. 2011-14204 Filed 6-8-11; 8:45 am]
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