[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Proposed Rules]
[Pages 56196-56198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18972]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0401, FRL-10012-52-Region 10]
Air Plan Approval; ID, Incorporation by Reference Updates and
Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
State Implementation Plan (SIP) revisions submitted by Idaho on June 5,
2019 and May 27, 2020. The submitted revisions update the incorporation
by reference of specific Federal requirements and clarify source
permitting requirements. The EPA proposes to find that the changes are
consistent with Clean Air Act requirements.
DATES: Comments must be received on or before October 13, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0401, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from https://www.regulations.gov. The 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 the disclosure of which
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. The 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 https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357 or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it refers to the EPA.
Table of Contents
I. Background
II. Evaluation of Submissions
III. Proposed Action
IV. Incorporation by Reference
V. 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. Idaho incorporates by reference
various portions of Federal regulations codified in the Code of Federal
Regulations (CFR) into the Rules for the Control of Air Pollution in
Idaho (Idaho Administrative Procedures Act (IDAPA) 58.01.01). Idaho
then 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).
To ensure that its rulemakings remain consistent with EPA
requirements, Idaho updates the incorporation by reference citations in
IDAPA 58.01.01 on an annual basis and submits a SIP revision to reflect
any changes made to Federal regulations during that year. Idaho also
makes periodic changes to permitting regulations for clarity or to
improve implementation and submits the changes to the EPA along with
the annual update SIP revision.
II. Evaluation of Submissions
On June 5, 2019 and May 27, 2020, Idaho submitted SIP revisions to
update the incorporation by reference of Federal regulations. Idaho
also submitted rule changes to clarify permitting requirements. This
evaluation section discusses how the submitted rule revisions differ
from the current Federally approved Idaho SIP and why the EPA believes
the rule changes are approvable.\1\ As such, our discussion focuses on
the most recently submitted change to any particular rule provision.
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\1\ The EPA approved a portion of the June 5, 2019 SIP revision
on December 9, 2019 (84 FR 67189). Specifically, we approved IDAPA
58.01.01.620 and Section 4 of Senate Bill 1024, codified at Idaho
Code Section 39-114, state effective April 11, 2019.
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A. Incorporation by Reference
The Idaho SIP incorporates by reference the following Federal
regulations into the Idaho SIP (IDAPA 58.01.01.107.03.a through .e.):
National Primary and Secondary Ambient Air Quality
Standards, 40 CFR part 50;
Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, 40 CFR part 51, with the exception of certain
visibility-related provisions;
Approval and Promulgation of Implementation Plans, 40 CFR
part 52, subparts A and N, and appendices D and E;
Ambient Air Monitoring Reference and Equivalent Methods,
40 CFR part 53; and
Ambient Air Quality Surveillance, 40 CFR part 58.
The submitted SIP revisions update the incorporation by reference
citation date for these provisions from July 1, 2017 to July 1, 2019.
During this time period, there were no changes to 40 CFR parts 50, 53,
and 58. There were, however, changes to the State-adopted portions of
40 CFR parts 51 and 52, specifically: A change to the Federal
definition of volatile organic compounds; \2\ updates to compliance
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test methods for air emissions sources; \3\ additional requirements for
ozone nonattainment areas and the ozone transport region; \4\
corrections and updates to regulations to limit the interstate
transport of nitrogen oxides; \5\ and updates to the Idaho SIP codified
at 40 CFR part 52, subpart N.\6\
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\2\ Air Quality: Revision to the Regulatory Definition of
Volatile Organic Compounds--Exclusion of cis1,1,1,4,4,4-
hexafluorobut-2-ene (HFO-1336mzz-Z), final rule published November
28, 2018 (83 FR 61127).
\3\ Testing Regulations for Air Emission Sources, final rule
published November 14, 2018 (83 FR 56713).
\4\ Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements final rule published December 6, 2018 (83 FR 62998).
\5\ Emissions Monitoring Provisions in State Implementation
Plans Required Under the NOX SIP Call, final rule
published March 8, 2019 (84 FR 8422).
\6\ Idaho SIP codified at 40 CFR part 52, subpart N.
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We have reviewed the incorporation by reference updates and have
determined that the effect of the updates is to keep the Idaho SIP
consistent with minimum Federal requirements. Therefore, we propose to
approve the submitted incorporation by reference updates.
B. Permit To Construct Program
The Federally approved Idaho Permit to Construct program is
designed to regulate emissions from new and modified industrial
sources. The submitted revisions align the Idaho SIP pre-construction
permit requirements for sources of radionuclides with the pre-
construction approval requirements in the National Emissions Standards
for Hazardous Air Pollutants at 40 CFR part 61. Specifically, Idaho
revised IDAPA 58.01.01.221 and .222 to make clear that a source must
obtain an Idaho Permit to Construct if that source is required to get
approval to construct under the Federal National Emissions Standards
for Hazardous Air Pollutants (NESHAP) for radionuclides, set forth at
40 CFR part 61, subpart H. Exemptions from pre-construction approval
are spelled out in the NESHAP and the redundant exemption language in
the Idaho regulations was removed. Idaho also removed the reference to
radionuclides from the definition of ``Significant'' at IDAPA
58.01.01.006.108 because the NESHAP defines the applicability terms for
the modification of sources of radionuclides.
The radionuclide provisions in these rule sections were approved
into the Idaho SIP because they serve to identify which sources must
obtain a Permit to Construct. We propose to approve the submitted
changes because they are applicability provisions designed to remove
confusion and improve program implementation. We are approving the
revisions to the Permit to Construct program only to the extent that
the rules apply to (1) pollutants for which NAAQS have been established
(criteria pollutants) and precursors to those criteria pollutants as
determined by the EPA for the applicable geographic area; and (2) any
additional pollutants that are required to be regulated under part C of
title I of the CAA, but only for the purposes of meeting or avoiding
the requirements of part C of title I of the CAA.
C. Non-Title V Operating Permit Program
The submitted revisions update a requirement in the Idaho Tier II
(non-title V) operating permit program. Specifically, Idaho submitted a
change to IDAPA 58.01.01.404.04 to make clear that a permittee must
submit a complete application to the Idaho Department of Environmental
Quality for a renewal of the terms and conditions establishing the Tier
II operating permit at least six months before, but no earlier than
eighteen months before, the expiration date of the existing permit. The
submitted revisions are intended to make sure the permit does not
expire before the terms and conditions are renewed. We propose to
approve the changes.
D. Sulfuric Acid Plants
There are two facilities in Idaho with sulfuric acid plants, namely
Itafos Conda and the JR Simplot Don Plant. Both are subject to the
Federal Standards of Performance for Sulfuric Acid Plants set forth at
40 CFR part 60 subpart H (NSPS subpart H). Idaho requested to remove
outdated state emission limits for sulfuric acid plant from the SIP
because the NSPS subpart H limits are more stringent. Idaho compared
the emission limit in NSPS subpart H (4 pounds of sulfur oxides per ton
of acid produced) to the emission limit in IDAPA 58.01.01.845 through
.848 (28 pounds of sulfur oxides per ton of acid produced). Idaho
requested to remove the Idaho SIP emission limit because it is less
stringent than the NSPS subpart H limit. Idaho also noted any new
sulfuric acid plant seeking to construct in Idaho would also be subject
to NSPS subpart H and therefore the requirements in IDAPA 58.01.01.845
through .848 are unnecessary.
We have reviewed Idaho's request and agree that the emission limit
in the NSPS subpart H is more stringent than the emission limit in the
Idaho SIP and that the NSPS subpart H applies to existing and new
sources in Idaho. Therefore, we propose to approve the State's request
to remove IDAPA 58.01.01.845 through .848 from the Idaho SIP.
III. Proposed Action
The EPA is proposing to approve and incorporate by reference
revisions to the Idaho SIP submitted on June 5, 2019, and May 27, 2020.
Upon final approval, the Idaho SIP will include the following
regulations:
IDAPA 58.01.01.006.108, definition of ``Significant''
(State effective 4/11/2019);
IDAPA 58.01.01.107, Incorporation by Reference, except
section 107.03.f through 107.03.p (State effective 3/30/2020);
IDAPA 58.01.01.221, Category I Exemption (State effective
4/11/2019);
IDAPA 58.01.01.222, Category II Exemption (State effective
4/11/2019); and
IDAPA 58.01.01.404, Procedure for Issuing Permits (State
effective 4/11/2019).
The EPA is also proposing to approve Idaho's request to remove the
following regulations from the Idaho SIP:
IDAPA 58.01.01.845, Rules for Control of Sulfur Oxide
Emissions from Sulfuric Acid Plants (State effective 5/1/1994);
IDAPA 58.01.01.846, Emission Limits (State effective 4/5/
2000);
IDAPA 58.01.01.847, Monitoring and Testing (State
effective 5/1/1994); and
IDAPA 58.01.01.848, Compliance Schedule (State effective
4/5/2000).
IV. Incorporation by Reference
In this document, the 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, the EPA is proposing to incorporate by
reference the provisions described in Section III of this preamble.
Also, in this document, the EPA is proposing to remove, in a final EPA
rule, regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
remove the incorporation by reference of IDAPA 58.01.01.845 through
.848 as described in Section III of this preamble. The EPA has made,
and will continue to make, these documents generally available through
https://www.regulations.gov and at the EPA Region 10 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
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SIP submission that complies with the provisions of the Clean Air 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 application of the requirements would be inconsistent
with the Clean Air Act; 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 proposed action does not apply on any Indian
reservation land or in any other area in Idaho 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 24, 2020.
Christopher Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-18972 Filed 9-10-20; 8:45 am]
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