[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Proposed Rules]
[Pages 3744-3746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02217]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0769, FRL-9989-50-Region 10]


Air Plan Approval; ID, Kraft Pulp Mill Rule Revisions

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
state implementation plan (SIP) revisions submitted by the Idaho 
Department of Environmental Quality (IDEQ) on November 2, 2018. The 
submitted revisions update Idaho's rules by removing obsolete and 
duplicative requirements as well as requirements less stringent than 
applicable Federal regulations.

DATES: Comments must be received on or before March 15, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0769, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not electronically submit any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, or 
[email protected].

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

Table of Contents

I. Background
II. EPA Evaluation of Idaho's SIP Revisions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background

    Section 110 of the Clean Air Act (CAA) specifies the general 
requirements for states to submit State Implementation Plans (SIPs) and 
the EPA's actions regarding approval of those SIPs. SIPs are states' 
plans to implement, maintain, and enforce National Ambient Air Quality 
Standards (NAAQS) set by EPA. Idaho regularly submits parts of IDAPA 
58.01.01 to the EPA for approval into the Federally approved Idaho SIP 
(generally those provisions that relate to the criteria pollutants 
regulated under section 110 of the CAA for which the EPA has 
promulgated NAAQS or other specific requirements of section 110).
    Idaho's SIP includes Idaho's Rules for Control of Kraft Pulping 
Mills air emissions, IDAPA 58.01.01.815 through 817 and 58.01.01.821 
through 826, effective as a matter of state law in 1994. Since 1994, 
there have been numerous revisions to Federal regulations related to 
air emissions from kraft pulping mills, specifically, EPA's 
promulgation of NSPS (40 CFR 60, subparts BB and BBa) and NESHAP (40 
CFR 63, subparts S and MM) specific to kraft pulping mill air 
emissions. Idaho underwent state rulemaking to streamline their state 
kraft pulping mill rules by removing requirements that were obsolete, 
less

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stringent than, or otherwise covered by existing Federal rules, and by 
clarifying reporting requirements. Those changes became effective as a 
matter of state law in 2012. On November 2, 2018, Idaho submitted a SIP 
revision to EPA requesting the Federally approved SIP be changed to 
reflect Idaho's current (2012) kraft pulping mill rules.

II. EPA Evaluation of Idaho's SIP Revisions

    Idaho's November 2, 2018, SIP submittal requests that EPA remove 
Idaho's 1994 version of IDAPA 58.01.01.815 through 816 and 819 through 
826 from the SIP and approve the State's current (2012) version of 
IDAPA 58.01.01.815 and 818 into the SIP.
    Idaho's 1994 regulations included emission limits at kraft pulping 
mills for total reduced sulfur (TRS) and particulate matter. The 
current SIP does not include kraft pulping mill requirements for TRS 
because TRS is not a criteria pollutant or precursor. Although Idaho's 
November 2, 2018 SIP submittal included IDAPA 58.01.01.816 and .817, 
which contain revised requirements for TRS, Idaho specifically 
requested that EPA not approve the TRS requirements into the SIP.\1\ 
The TRS requirements were submitted for informational purposes only, to 
provide a complete record of the rulemaking.
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    \1\ The table in the cover letter to Idaho's submittal 
identifies the citations of the rules currently approved in the SIP, 
which they are requesting be updated to reflect the 2012 revisions, 
not the citations of the 2012 revisions.
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    With respect to particulate matter standards for kraft pulping 
mills, Idaho's 2012 regulations repealed these standards and the 
related monitoring, recordkeeping, and reporting requirements. Idaho 
explained in its November 2018 submittal that the particulate matter 
requirements in the SIP are now duplicative of and less stringent than 
Federal NSPS and NESHAP standards applicable to kraft pulping mills. 
Idaho's SIP submittal includes a comparison, in the same units of 
measurement, of the particulate matter standards approved in the 
current SIP with the Federal standards that apply to kraft pulping 
mills. In each case, the more recent Federal standards are more 
stringent than the particulate matter standards currently in the Idaho 
SIP and that Idaho requests be removed from the SIP. We note that Idaho 
has incorporated by reference the Federal NSPS and NESHAP applicable to 
kraft pulping mills into its regulations as of July 1, 2017 and has 
received delegation to implement and enforce these Federal standards.
    Idaho's current SIP also required special studies to be completed 
of kraft pulping mills by December 1972. This requirement is obsolete, 
and its removal will therefore have no effect on NAAQS compliance.
    The only two remaining requirements in Idaho's rules for kraft 
pulping mills that do not relate solely to TRS are revised IDAPA 
58.01.01.815 and 818. IDAPA 58.01.01.815 which contain the revised 
``Statement of Purpose'' for Idaho's rules for kraft pulping mills and 
reflects the changes made in IDAPA 58.01.01.816 through 826 and the 
much narrower scope of Idaho's current regulations for kraft pulping 
mills. IDAPA 58.01.01.818 is a new requirement for notification and 
reporting of emissions from gas venting regulated under 40 CFR part 63, 
subpart S. IDAPA 58.01.01.818 implements a reporting requirement in the 
SIP and does not in any way affect implementation of the NESHAP. Both 
IDAPA 58.01.01.815 and .818 are consistent with requirements for SIPs 
under CAA Section 110 and we therefore propose approval.

III. Proposed Action

    EPA is proposing to approve, and incorporate by reference, in 
Idaho's SIP IDAPA 58.01.01.815 and .818 (state effective March 29, 
2012) as requested by Idaho on November 2, 2018, and as described in 
Section II above.
    EPA is also proposing, as requested by Idaho on November 2, 2018, 
to remove IDAPA 58.01.01.816, .817, and .821 through .826 from the 
Idaho SIP because they are outdated and, in many cases, less stringent 
than existing Federal CAA emissions limits, performance testing, 
monitoring, and reporting requirements, and Idaho has repealed them as 
a matter of state law (state effective March 29, 2012). See Section II 
above.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the provisions described above in Section III. EPA has made, 
and will continue to make, these documents generally available 
electronically through www.regulations.gov and in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

V. Statutory and Executive Orders Review

    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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed 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 proposed 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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 it 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).
    The proposed SIP would not be 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 proposed rule does not have tribal implications and 
will not

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impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: January 30, 2019.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2019-02217 Filed 2-12-19; 8:45 am]
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