[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41916-41919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17277]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0724, FRL-9676-6]


Approval and Promulgation of Implementation Plans; Idaho: 
Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient 
Air Quality Standard; Prevention of Significant Deterioration 
Greenhouse Gas Permitting Authority and Tailoring Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) 
submittals from the State of Idaho demonstrating that the Idaho SIP 
meets the requirements of section 110(a)(1) and (2) of the Clean Air 
Act (CAA) for the National Ambient Air Quality Standard (NAAQS) 
promulgated for ozone on July 18, 1997. EPA finds that the current 
Idaho SIP meets the following 110(a)(2) infrastructure elements for the 
1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E)(i), (E)(iii), (F), 
(G), (H), (J), (K), (L), and (M). EPA is taking no action on CAA 
section 110(a)(2)(E)(ii) at this time. We will address the requirements 
of this sub-element in a separate action. EPA is also approving a SIP 
revision that applies Idaho's Prevention of Significant Deterioration 
(PSD) Program to greenhouse gas (GHG) emitting sources above certain 
thresholds, updates Idaho's SIP to incorporate by reference revised 
versions of specific federal regulations, and removes unnecessary 
language from the SIP due to the incorporation by reference of the 
federal NAAQS and PSD regulations. In addition, EPA is rescinding the 
Federal Implementation Plan (FIP) put in place to ensure the 
availability of a permitting authority for greenhouse gas emitting 
sources in Idaho.

DATES: This action is effective on August 16, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2011-0724. All documents in the docket are listed on 
the 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 www.regulations.gov or in hard copy at EPA 
Region 10, Office of Air, Waste and Toxics (AWT-107), 1200 Sixth 
Avenue, Suite 900, Seattle, WA 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: Kristin Hall at telephone number: 
(206) 553-6357, email 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. Background
II. Scope of Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997, EPA promulgated a new NAAQS for ozone. EPA 
revised the ozone NAAQS to provide an 8-hour

[[Page 41917]]

averaging period which replaced the previous 1-hour averaging period, 
and the level of the NAAQS was changed from 0.12 parts per million 
(ppm) to 0.08 ppm (62 FR 38856). The CAA requires SIPs meeting the 
requirements of sections 110(a)(1) and (2) be submitted by states 
within 3 years after promulgation of a new or revised standard. 
Sections 110(a)(1) and (2) require states to address basic SIP 
requirements, including emissions inventories, monitoring, and modeling 
to assure attainment and maintenance of the standards, so-called 
``infrastructure'' requirements. To help states meet this statutory 
requirement for the 1997 8-hour ozone NAAQS, EPA issued guidance to 
address infrastructure SIP elements under section 110(a)(1) and (2).\1\ 
In the case of the 1997 8-hour ozone NAAQS, states typically have met 
the basic program elements required in section 110(a)(2) through 
earlier SIP submissions in connection with previous ozone standards. On 
September 15, 2008, the State of Idaho submitted a certification to EPA 
certifying that Idaho's SIP meets the infrastructure obligations for 
the 1997 8-hour ozone and 1997 PM2.5 NAAQS. The 
certification included an analysis of Idaho's SIP as it relates to each 
section of the infrastructure requirements with regard to the 1997 8-
hour ozone and 1997 PM2.5 NAAQS. Subsequently, on June 24, 
2010, Idaho submitted an updated certification to EPA for sections 
110(a)(2)(D) and 110(a)(2)(G). On April 11, 2012, EPA published a 
notice of proposed rulemaking (NPR) to act on Idaho's infrastructure 
SIP for the 1997 ozone NAAQS (77 FR 21702). Specifically in the NPR, 
EPA proposed approval of Idaho's SIP as meeting the requirements for 
the following 110(a)(2) infrastructure elements for the 1997 8-hour 
ozone NAAQS: (A), (B), (C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), 
(J), (K), (L), and (M). As discussed in the NPR, the proposed action 
did not address CAA section 110(a)(2)(E)(ii), which will be addressed 
in a separate action.
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    \1\ William T. Harnett, Director, Air Quality Policy Division, 
Office of Air Quality Planning and Standards. ``Guidance on SIP 
Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-
hour Ozone and PM2.5 National Ambient Air Quality 
Standards.'' Memorandum to EPA Air Division Directors, Regions I-X, 
October 2, 2007.
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    In the NPR, EPA also proposed to approve portions of the June 20, 
2011, SIP revision submitted by Idaho that applies Idaho's PSD Program 
to GHG-emitting sources above certain thresholds, updates Idaho's SIP 
to incorporate by reference revised versions of specific federal 
regulations, and removes unnecessary language from the SIP due to the 
incorporation by reference of the federal NAAQS and PSD regulations. In 
addition, EPA proposed to rescind the FIP put in place to ensure the 
availability of a permitting authority for GHG-emitting sources in 
Idaho.
    EPA provided a 30-day review and comment period on the NPR, 
published April 11, 2012 (77 FR 21702). The public comment period for 
EPA's NPR closed on May 11, 2012. EPA received no comments on the 
proposed action.

II. Scope of Action

    Idaho has not demonstrated authority to implement and enforce Idaho 
Administrative Procedures Act (IDAPA) Chapter 58 within ``Indian 
Country'' as defined in 18 U.S.C. 1151.\2\ Therefore, 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 PSD program, 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 (December 6, 
1996) (interim approval does not extend to Indian Country); 66 FR 50574 
(October 4, 2001) (full approval does not extend to Indian Country).
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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, 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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III. Final Action

    EPA is approving the SIP submittals from the State of Idaho 
demonstrating that the Idaho SIP meets the requirements of section 
110(a)(1) and (2) of the CAA for the NAAQS promulgated for ozone on 
July 18, 1997. EPA is approving in full the following section 110(a)(2) 
infrastructure elements for Idaho for the 1997 ozone NAAQS: (A), (B), 
(C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), (M). EPA 
is taking no action on CAA section 110(a)(2)(E)(ii) at this time. EPA 
will address the requirements of this sub-element in a separate action. 
EPA is also approving a portion of Idaho's June 20, 2011, SIP submittal 
that applies Idaho's PSD Program to GHG-emitting sources at the 
emissions thresholds and in the same time frames as those specified in 
the Tailoring Rule (75 FR 31514, June 3, 2010). In conjunction with 
this approval of Idaho's PSD program for GHG-emitting sources, EPA is 
rescinding the FIP at 40 CFR 52.37 which provides for EPA to be the PSD 
permitting authority for GHG-emitting sources in Idaho.
    EPA is also approving portions of Idaho's June 20, 2011, SIP 
submittal to revise the incorporation by reference of federal 
regulations revised as of July 1, 2010, in order to ensure Idaho's SIP 
is up to date with changes to federal regulations. EPA is not acting on 
the portions of the SIP revision that are not related to the criteria 
pollutants regulated under title I of the CAA or the requirements for 
SIPs under section 110 of the CAA. Finally, EPA is approving the 
removal of language from the Idaho SIP that has become unnecessary due 
to Idaho's incorporation by reference of the federal NAAQS and the 
federal PSD regulations. Specifically, EPA is approving the removal of 
the subsections of IDAPA 58.01.01.577 ``Ambient Air Quality Standards 
for Specific Pollutants'' that relate to pollutants for which EPA has 
promulgated a NAAQS, and which are now unnecessary because Idaho has 
incorporated the federal NAAQS by reference into the state SIP. EPA is 
also approving the changes to Idaho's PSD regulations at IDAPA 
58.01.01.581.01 to remove the increments table in its entirety, and to 
instead reference the federal PSD increment requirements contained in 
40 CFR 52.21(c), which are incorporated by reference in the Idaho SIP. 
This action is being taken under section 110 and part C of the CAA.

IV. 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.

[[Page 41918]]

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 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.
    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. 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 17, 2012. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: June 29, 2012.
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 A--General Provisions

0
2. Sec.  52.37 is amended by removing and reserving paragraph (b)(4).

Subpart N--Idaho

0
3. In Sec.  52.670:
0
a. The table in paragraph (c) is amended by revising entry 107, 
removing entry 577, and revising entry 581.
0
b. The table in paragraph (e) is amended by adding an entry at the end 
of the table for ``Section 110(a)(2) Infrastructure Requirements for 
the 1997 8-hour Ozone NAAQS.''


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Idaho Regulations
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                                                        State effective
         State citation              Title/subject           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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                                                  * * * * * * *
107.............................  Incorporations by   10/6/10, 5/8/09, 3/ 7/17/2012 [Insert   Except Section
                                   Reference.          30/07,              page number where   107.03(f) through
                                                      3/20/04, 7/1/97, 5/  the document        (m) and (o).
                                                       1/94.               begins].
                                                  * * * * * * *
581.............................  Prevention of       10/6/10, 4/11/06,   7/17/2012 [Insert
                                   Significant         7/1/97,             page number where
                                   Deterioration      5/1/94............   the document
                                   (PSD) Increments.                       begins].
                                                  * * * * * * *
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* * * * *
    (e) * * *

[[Page 41919]]



                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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                                      Applicable
      Name of SIP provision       geographic or non-    State submittal    EPA approval date       Comments
                                    attainment area          date
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                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide.........  9/15/2008, 6/24/    7/17/2012 [Insert   This action
 Requirements for the 1997 8-                          2010.               page number where   addresses
 hour Ozone NAAQS.                                                         the document        following CAA
                                                                           begins].            elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E)(i),
                                                                                               (E)(iii), (F),
                                                                                               (G), (H), (J),
                                                                                               (K), (L), and
                                                                                               (M).
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[FR Doc. 2012-17277 Filed 7-16-12; 8:45 am]
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