[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16790-16792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06198]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0640, FRL-9791-2]


Approval and Promulgation of State Implementation Plans: Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action to approve revisions to Idaho's 
State Implementation Plan (SIP) submitted by the Director of the Idaho 
Department of Environmental Quality (IDEQ) on July 13, 2011, for 
approval into the Idaho SIP. The submitted revisions relate to Idaho's 
open burning and crop residue disposal requirements and establish a 
streamlined permitting process for spot burns, baled agricultural 
residue burns, and propane flaming. The submitted revisions also make 
minor changes to the existing crop residue disposal rules to update 
cross references and clarify certain administrative information. On 
January 11, 2013, EPA proposed to approve these revisions into Idaho's 
SIP. The EPA is taking final action to approve this submittal because 
it satisfies the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 18, 2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2011-0640. 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 at (206) 553-6706, 
[email protected], or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On July 13, 2013, the Director of the Idaho Department of 
Environmental Quality submitted revisions to the Idaho SIP that relate 
to Idaho's open burning and crop residue disposal requirements and 
establish a streamlined permitting process for spot burns, baled 
agricultural residue burns, and propane flaming. The submitted 
revisions also make minor changes to the existing crop residue disposal 
rules to update cross references and clarify certain

[[Page 16791]]

administrative information. In a proposed rule published on January 11, 
2013, EPA proposed to approve these revisions to the Idaho SIP. 78 FR 
2359. An explanation of the Clean Air Act requirements and implementing 
regulations that are met by this SIP, a detailed explanation of the 
revision, and EPA's reasons for approving it were provided in the 
notice of proposed rulemaking on January 11, 2013, and will not be 
restated here. The public comment period for this proposed rule ended 
on February 11, 2013. EPA did not receive any comments on the proposal.

II. Final Action

    EPA is approving the July 13, 2011, SIP submittal from the State of 
Idaho as meeting the requirements of the Clean Air Act.

III. 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, the 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 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 May 20, 2013. 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: March 7, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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(c), the table in paragraph (c) is amended:
0
a. By revising entries 617 and 618.
0
b. By revising entry 620.
0
c. By revising entries 622 through 623.
0
d. By adding in numerical order entry 624.


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                                       EPA-Approved Idaho Regulations and Statutes
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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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                                                                      * * * * * * *
617..............................  Crop Residue.............  7/1/11, 4/2/08...........  3/19/13                                 .......................
                                                                                         [Insert page number where the document
                                                                                          begins]
618..............................  Permit By Rule...........  7/1/11, 4/2/08...........  3/19/13
                                                                                         [Insert page number where the document
                                                                                          begins]

[[Page 16792]]

 
 
                                                                      * * * * * * *
620..............................  Registration Fee.........  7/1/11, 4/2/08...........  3/19/13
                                                                                         [Insert page number where the document
                                                                                          begins]
 
                                                                      * * * * * * *
622..............................  General Provisions.......  7/1/11, 4/2/08...........  3/19/13
                                                                                         [Insert page number where the document
                                                                                          begins]
623..............................  Public Notification......  7/1/11, 4/2/08...........  3/19/13
                                                                                         [Insert page number where the document
                                                                                          begins]
624..............................  Spot Burn, Baled           7/1/11...................  3/19/13
                                    Agricultural Residue                                 [Insert page number where the document
                                    Burn, and Propane                                     begins]
                                    Flaming Permits.
 
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[FR Doc. 2013-06198 Filed 3-18-13; 8:45 am]
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