[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Rules and Regulations]
[Pages 11711-11713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04441]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0418, FRL-9907-30-Region 10]


Approval and Promulgation of Implementation Plans; Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving the May 9, 2013, State Implementation Plan (SIP) submittal 
from Idaho to revise the SIP to update the incorporation by reference 
of Federal air quality regulations into the SIP and make minor edits 
and clarifications. The EPA is granting limited approval, as SIP 
strengthening, to a portion of the submittal that incorporates by 
reference updates to the Federal nonattainment new source review 
(nonattainment NSR) requirements that have been recently remanded to 
the EPA by a court. In addition, the EPA is partially disapproving 
Idaho's incorporation by reference of two provisions of the Federal 
prevention of significant deterioration (PSD) permitting rules that 
have been recently vacated in a separate decision by a court. Finally 
we are taking no action on Idaho's incorporation by reference of 
another provision of the Federal PSD permitting rules that has also 
been the subject of a court action. Upon the effective date of this 
action, the Idaho SIP will incorporate by reference certain Federal 
regulations as of July 1, 2012.

DATES: This final rule is effective on April 2, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2013-0418. All documents in the 
docket are listed on the http://www.regulations.gov Web site. Although

[[Page 11712]]

listed in the index, some information may not be publicly available, 
i.e., Confidential Business Information or other information the 
disclosure of which 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: Kristin Hall at: (206) 553-6357, 
[email protected], or the above EPA, Region 10 address.

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

Table of Contents

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

I. Background

    Section 110 of the Clean Air Act (CAA) specifies the general 
requirements for states to submit SIPs to attain and maintain the 
National Ambient Air Quality Standards (NAAQS) and the EPA's actions 
regarding approval of those SIPs. On May 9, 2013, the State of Idaho 
submitted a SIP revision to the EPA including regulatory changes 
adopted by Idaho on several different dates. On January 10, 2014, the 
EPA proposed action on the May 9, 2013, submittal (79 FR 1795). An 
explanation of the CAA requirements and implementing regulations that 
are met by this SIP revision, a detailed explanation of the revision, 
and the EPA's reasons for the proposed action were provided in the 
notice of proposed rulemaking on January 10, 2014, and will not be 
restated here (79 FR 1795). The public comment period for the EPA's 
proposed action ended on February 10, 2014 and we received no comments.

II. Final Action

    The EPA is partially approving the May 9, 2013, submittal from 
Idaho to update the incorporation by reference of Federal air quality 
regulations into the SIP and make minor edits and clarifications. 
Specifically, we are approving the revisions to IDAPA 58.01.01.107.03 
``Incorporations by Reference,'' except as noted below; IDAPA 
58.01.01.006 ``General Definitions;'' IDAPA 58.01.01.220 ``General 
Exemption Criteria for Permit to Construct Exemptions;'' and IDAPA 
58.01.01.222 ``Category II Exemption.'' The EPA is granting limited 
approval, as SIP strengthening, to a portion of the submittal that 
incorporates by reference updates to the Federal nonattainment NSR 
requirements at 40 CFR 51.165 that have been recently remanded to the 
EPA by a court.
    We are partially disapproving the revision to IDAPA 
58.01.01.107.03(c) as it relates to the incorporation by reference of 
specific vacated provisions at 40 CFR 52.21 (namely, 40 CFR 
52.21(i)(5)(i)(c) and 40 CFR 52.21(k)(2)). We are taking no action on 
the revision to IDAPA 58.01.01.107.03(c) as it relates to the 
incorporation by reference of the vacated revision to 40 CFR 
52.21(b)(49)(ii)(a). As of the effective date of this rule, the Idaho 
SIP will incorporate by reference specific Federal regulations as of 
July 1, 2012.

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 CAA 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 this action does not involve technical standards; 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).
    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 May 2, 2014. 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)).

[[Page 11713]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, and Reporting and recordkeeping 
requirements.

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

    Dated: February 11, 2014.
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:
0
a. The table in paragraph (c) is amended by revising entries 006, 107, 
220, and 222.
0
b. The table in paragraph (e) is amended by adding an entry at the end 
of the table for ``Idaho Department of Environmental Quality letter 
dated October 18, 2013 supplementing the May 9, 2013 SIP Submittal.''
    The revisions and additions read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                   EPA-Approved Idaho Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
    State citation          Title/subject       State effective date    EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
      Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
006...................  General Definitions..  4/4/13, /30/07, 4/11/  3/3/14, [Insert page  Except Section
                                                06, 7/1/02, 4/5/00,    number where the      006.49, 006.50,
                                                3/20/97, 5/1/94.       document begins].     006.51, 006.66,
                                                                                             006.67, and
                                                                                             006.68(b), 006.114,
                                                                                             and 006.116.
 
                                                  * * * * * * *
107...................  Incorporations by      4/4/13, 10/6/10, 5/8/  3/3/14, [Insert page  Except Section
                         Reference.             09, 3/30/07, 3/20/     number where the      107.03(f) through
                                                04, 7/1/97, 5/1/94.    document begins].     (m), and with
                                                                                             respect to
                                                                                             107.03(c), its
                                                                                             incorporation by
                                                                                             reference of 40 CFR
                                                                                             52.21(i)(5)(i)(c),
                                                                                             (k)(2), and the
                                                                                             second sentence of
                                                                                             (b)(49)(ii)(a).
 
                                                  * * * * * * *
220...................  General Exemption      4/4/13, 4/5/00.......  3/3/14, [Insert page  ....................
                         Criteria For Permit                           number where the
                         To Construct                                  document begins].
                         Exemptions.
 
                                                  * * * * * * *
222...................  Category II Exemption  4/4/13, 4/11/06, 4/5/  3/3/14, [Insert page  ....................
                                                00, 5/1/94, 7/1/97.    number where the
                                                                       document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                       Applicable
      Name of SIP provision        geographic or non-  State submittal   EPA approval date         Comments
                                    attainment area          date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Idaho Department of               State-wide.........        10/24/13   3/3/14, [Insert      ...................
 Environmental Quality letter                                            page number where
 dated October 18, 2013                                                  the document
 supplementing the May 9, 2013                                           begins].
 SIP Submittal.
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.683 is amended by revising paragraph (a) to read as 
follows:


Sec.  52.683  Significant deterioration of air quality.

    (a) The State of Idaho Rules for Control of Air Pollution in Idaho, 
specifically, IDAPA 58.01.01.005 through 007 (definitions), IDAPA 
58.01.01.107.03(a), (b), (c) (incorporations by reference) (except, 
with respect to Section 107.03(c), its incorporation by reference of 40 
CFR 52.21(i)(5)(i)(c), (k)(2), and the second sentence of 
(b)(49)(ii)(a)), IDAPA 58.01.01.200 through 222 (permit to construct 
rules); IDAPA 58.01.01.510 through 516 (stack height rules); and IDAPA 
58.01.01.575 through 581 (standards, increments and area designations) 
(except Section 577), are approved as meeting the requirements of title 
I, part C, subpart 1 of the Clean Air Act for preventing significant 
deterioration of air quality.
* * * * *
[FR Doc. 2014-04441 Filed 2-28-14; 8:45 am]
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