[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

[[Page 56197]]

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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