[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73632-73634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24692]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0401; FRL-10016-18-Region 10]


Air Plan Approval; ID, Incorporation by Reference Updates and 
Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
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 finds that the changes are consistent 
with Clean Air Act requirements.

DATES: This final rule is effective December 21, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2019-0401. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
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 at https://www.regulations.gov, or please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Kristin Hall (15-H13), EPA Region 10, 
1200 Sixth Avenue (Suite 155), Seattle, WA 98101, (206) 553-6357, 
[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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    On June 5, 2019 and May 27, 2020, Idaho submitted SIP revisions to 
update the incorporation by reference of Federal regulations and 
clarify permitting requirements. We proposed to approve the revisions 
on September 11, 2020 (85 FR 56196). The reasons for our proposed 
approval are included in the proposal and will not be restated here. 
The public comment period for our proposal closed on October 13, 2020. 
We received no public comments and are finalizing our action as 
proposed.

II. Final Action

    The EPA is approving and incorporating by reference revisions to 
the Idaho SIP submitted on June 5, 2019, and May 27, 2020. Once 
effective, 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 approving 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).

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR

[[Page 73633]]

51.5, the EPA is finalizing the incorporation by reference of Idaho 
regulatory provisions as described in section II of this preamble. 
Also, in this document, the EPA is removing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, we are finalizing the removal of Idaho regulatory 
provisions from incorporation by reference as described in section II 
of this preamble. The EPA has made, and will continue to make, these 
materials 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). Therefore, these materials have been approved by the EPA 
for inclusion in the SIP, have been incorporated by reference by the 
EPA into that plan, are fully Federally-enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
the EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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);
     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 those requirements would be inconsistent 
with the CAA; 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 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 and it will not impose 
substantial direct costs on tribal governments or preempt tribal law 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 January 19, 2021. 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.

    Dated: November 2, 2020.
Christopher Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 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. Amend Sec.  52.670, in the table in paragraph (c) by:
0
a. Revising the entries ``006'', ``107'', ``221'', ``222'', and 
``404''; and
0
b. Removing the entries ``845'', ``846'', ``847'', and ``848''.
    The revisions read as follows:


Sec.  52.670  Identification of plan.

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    (c) * * *

[[Page 73634]]



                                   EPA Approved Idaho Regulations and Statutes
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      State citation           Title/subject     State effective 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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                                                  * * * * * * *
006......................  General Definitions.  4/11/2019, 4/11/      11/19/2020, [Insert   Except Section
                                                  2015, 4/4/2013, 3/    Federal Register      006.49, 006.50,
                                                  30/2007, 4/11/2006,   citation].            006.51, 006.66,
                                                  7/1/2002, 4/5/2000,                         006.67, 006.68.b,
                                                  3/20/1997, 5/1/1994.                        006.116, and
                                                                                              006.118.
 
                                                  * * * * * * *
107......................  Incorporation by      3/20/2020...........  11/19/2020, [Insert   Except Section
                            Reference.                                  Federal Register      107.03.f through
                                                                        citation].            107.03.p.
 
                                                  * * * * * * *
221......................  Category I            4/11/2019...........  11/19/2020, [Insert   ...................
                            Exemptions.                                 Federal Register
                                                                        citation].
222......................  Category II           4/11/2019...........  11/19/2020, [Insert   ...................
                            Exemptions.                                 Federal Register
                                                                        citation].
 
                                                  * * * * * * *
404......................  Procedure for         4/11/2019...........  11/19/2020, [Insert   ...................
                            Issuing Permits.                            Federal Register
                                                                        citation].
 
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[FR Doc. 2020-24692 Filed 11-18-20; 8:45 am]
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