[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Rules and Regulations]
[Pages 18526-18528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07821]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0477; FRL-9925-77-Region 10]


Approval and Promulgation of Implementation Plans; Idaho

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to partially approve the May 22, 2014, 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. The EPA is also taking final action to partially disapprove 
Idaho's incorporation by reference of certain provisions of the Federal 
prevention of significant deterioration (PSD) permitting rules that 
have been vacated by a Federal Court. As a result of this action, the 
Idaho SIP is updated to incorporate by reference certain Federal 
regulations as of July 1, 2013.

DATES: This final rule is effective on May 7, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2014-0477. 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 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-150, 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 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Donna Deneen at (206) 553-6706, 
[email protected], or by using 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.

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    In a notice of proposed rulemaking published on January 7, 2015 (80 
FR 834), the EPA proposed action on revisions to the Idaho SIP to 
account for regulatory updates adopted by the Idaho Board of 
Environmental Quality on October 17, 2013 and submitted to the EPA on 
May 22, 2014. Please see our January 7, 2015, proposed rulemaking for 
further explanation of the revisions and the basis for our proposal to 
partially approve and partially disapprove the May 22, 2014, SIP 
submittal from Idaho. The public

[[Page 18527]]

comment period for the proposed rule ended on February 6, 2015. No 
comments were received on the proposal.

II. Final Action

Provisions the EPA is Approving and Incorporating by Reference

    Consistent with the discussion and analysis in the proposed 
rulemaking published on January 7, 2015, the EPA is partially approving 
and incorporating by reference the May 22, 2014, submittal from Idaho. 
Specifically, we are approving and incorporating by reference the 
revisions to IDAPA 58.01.01.107.02 ``Availability of Reference 
Materials'' and IDAPA 58.01.01.107.03 ``Incorporations by Reference,'' 
except that 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)) for the reasons discussed in 
the proposal. This action updates the Idaho SIP to incorporate by 
reference certain Federal regulations as of July 1, 2013.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the Idaho 
Department of Environmental Quality regulations described in the 
amendments to 40 CFR part 52 set forth below. The EPA has made, and 
will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

IV. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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, the SIP is not approved to apply on any Indian reservation 
land or in any other area where the EPA or an Indian Tribe has 
demonstrated that a Tribe has jurisdiction. In those areas of Indian 
country, the rule does not have Tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

    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 June 8, 2015. 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: March 9, 2015.
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. In Sec.  52.670, the table in paragraph (c) is amended by revising 
entry 107 to read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

[[Page 18528]]



                                   EPA-Approved Idaho Regulations and Statutes
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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  3/20/2014, 3/30/   4/7/2015 [Insert   Except Section
                                  Reference.         2007,.             Federal Register   107.03(f) through
                                                    7/1/1997,........   citation].         (p), and with respect
                                                    5/1/1994.........                      to 107.03(c), its
                                                                                           incorporation by
                                                                                           reference of 40 CFR
                                                                                           52.21(i)(5)(i)(c) and
                                                                                           (k)(2).
 
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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) and (k)(2)), 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.
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[FR Doc. 2015-07821 Filed 4-6-15; 8:45 am]
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