[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Proposed Rules]
[Pages 52415-52425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13587]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2023-0583; FRL-11575-01-R10]


Air Plan Approval; ID; Revisions to Air Quality Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
revisions to the Idaho State Implementation Plan (SIP) submitted on May 
8, 2023 and May 13, 2024. The SIP submissions include changes designed 
to streamline the Idaho air quality regulations by repealing outdated 
provisions, striking duplicative terms, and simplifying rule language. 
The submissions also update the adoption by reference of specific 
Federal standards and reference methods. The EPA proposes to determine 
that the submitted changes to the Idaho SIP are consistent with Clean 
Air Act requirements.

DATES: Comments must be received on or before July 24, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2023-0583, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from 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: In this document, ``we'' and ``our'' mean 
``the EPA.''

Table of Contents

I. Background
II. Submissions
    A. Overall Readability
    B. Definitions
    C. Incorporations by Reference
    D. Permitting Regulations
    E. Smoke and Visibility Requirements
    F. Repeals
III. Evaluation
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    The EPA has established national ambient air quality standards 
(NAAQS) for carbon monoxide, lead, nitrogen dioxide, ozone, particulate 
matter, and sulfur dioxide.\1\ Each State has a State Implementation 
Plan (SIP) designed to meet the national ambient air quality standards 
through various air pollution regulations, control measures and 
strategies. A SIP contains emission limits, pollution control 
technology requirements, permitting programs, enforcement mechanisms, 
and other elements. Each State revises its SIP over time to respond to 
new Federal requirements and to address changing air quality 
conditions.
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    \1\ See 40 CFR part 50.
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    The Clean Air Act requires states to submit SIP revisions to the 
EPA for review and approval.\2\ The EPA takes action through notice and 
comment rulemaking to approve and incorporate State air quality 
regulations by reference into the Code of Federal Regulations (CFR). As 
part of the SIP, State regulations are made enforceable by the EPA and 
citizens.\3\
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    \2\ See Clean Air Act section 110.
    \3\ See Clean Air Act sections 113 and 304.
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II. Submissions

    On May 8, 2023, the Idaho Department of Environmental Quality

[[Page 52416]]

(DEQ) submitted a comprehensive SIP revision to the EPA. The submission 
was developed in response to a January 16, 2020, Executive Order issued 
by Governor Brad Little that required Idaho State agencies to review 
and revise administrative rules to reduce regulatory burden and 
increase clarity and ease of use.\4\ The May 8, 2023, submission 
included changes to the Rules for the Control of Air Pollution in 
Idaho, established at IDAPA 58.01.01, and an Attorney General statement 
certifying that the submitted changes were not intended to be 
substantive and would not impede the Idaho DEQ's lawful authority to 
implement EPA-approved Clean Air Act programs. We note that the EPA 
engaged with the Idaho DEQ early and often in the drafting process to 
ensure consistency with Clean Air Act requirements. The EPA met with 
the Idaho DEQ to discuss the intent of the draft rule changes and the 
EPA reviewed and commented on the draft changes at both the State's 
negotiated rulemaking stage and public notice and comment stage. The 
EPA's comment letters and the May 8, 2023, Idaho submission are 
included in the docket for this action.
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    \4\ Executive Order No. 2020-01 Zero Based Regulation, January 
16, 2020.
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    On May 13, 2024, the Idaho DEQ submitted an update to the adoption 
by reference of specific Federal standards and reference methods. Also 
in the May 13, 2024, submission, the Idaho DEQ corrected two 
inadvertent issues with the May 8, 2023, submission. The issues and the 
corrections are described in section III.B. of this preamble. The May 
13, 2024, submission may be found in the docket for this action.

III. Evaluation

    The following paragraphs summarize our evaluation of the submitted 
revisions to the EPA-approved Idaho air quality rules in the Idaho SIP, 
codified at 40 CFR part 52, subpart N. We have not described 
corrections to spelling, grammar, and punctuation.

A. Overall Readability

    Idaho made numerous changes throughout the State air quality rules 
designed to improve overall readability. For example, the State 
replaced ``which'' with ``that,'' ``so long as'' with ``if,'' and ``set 
forth'' with ``establish.'' In addition, the State replaced ``shall'' 
with ``must'' where the rules impose obligations directly on regulated 
sources, and replaced ``shall'' with ``will'' where the rules impose 
obligations on the Idaho DEQ. The State also reformatted certain 
regulatory requirements into tables to promote ease of use. We propose 
to approve the submitted readability changes.

B. Definitions

    Idaho made changes to the centralized definitions sections of the 
air quality rules. For example, the State removed terms and definitions 
that are already incorporated by reference, repealed those that are 
considered common knowledge or that were no longer used, combined 
definitions for related terms, and moved terms from the centralized 
definitions sections to the implementing rule sections. To facilitate 
our review, we created a table listing each term and definition 
repealed from, or moved out of, the centralized definitions sections 
along with the citation and the reason the definition was repealed or 
moved. The table, arranged alphabetically, is included in the docket 
for this action.
    The EPA notes that streamlining definitions in the air quality 
rules may not necessarily align with one of the stated goals of the 
revisions--to increase clarity and ease of use for the public and 
regulated community. However, in reviewing SIP submissions, the EPA's 
role is to approve State choices, provided that they meet the criteria 
of the Clean Air Act. The following paragraphs describe our evaluation 
of the key changes to the centralized definitions sections.
    In the submissions, Idaho added language to the centralized 
definitions section at IDAPA 58.01.01.005 to make clear that key terms 
defined in Idaho statute and Federal regulation are incorporated by 
reference as applicable requirements, unless otherwise specified. Idaho 
incorporates Federal provisions by reference as of a specific date and 
conducts routine rulemaking updates to ensure that the most recent 
Federal changes are captured.\5\ Where a key term has been incorporated 
by reference, Idaho repealed that term and definition from the 
centralized definitions sections in IDAPA 58.01.01.006 and 007.
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    \5\ See document in the docket for this action entitled ``State 
Submission Overview of Incorporation by Reference.''
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    In the May 8, 2023, submission, Idaho revised IDAPA 58.01.01.005 to 
make clear that the definitions of ``air pollutant/air contaminant,'' 
``air pollution,'' ``board,'' ``department,'' ``director,'' and 
``person'' are defined in Idaho Code 39-103, and stated that the 
definitions of the same terms in IDAPA 58.01.01.006 were duplicative 
and may be repealed. However, Idaho did not include, in the May 8, 
2023, submission, a request to approve and incorporate by reference the 
statutory definitions. Therefore, Idaho included such a request in the 
May 13, 2024, submission.\6\ We propose to approve the repeal of the 
definitions of ``air pollutant/air contaminant,'' ``air pollution,'' 
``board,'' ``department,'' ``director,'' and ``person'' in IDAPA 
58.01.01.006 and also propose to approve, and incorporate by reference 
into 40 CFR 52.670(c), the same terms and definitions codified at Idaho 
Code 39.103(1), (2), (3), (6), (7), and (11), State effective July 1, 
2010.\7\
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    \6\ See Idaho Code 39-103 in the May 13, 2024, submission in the 
docket for this action.
    \7\ Ibid.
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    In the submissions, Idaho removed the definitions of ``adverse 
impact on visibility,'' ``best available retrofit technology,'' ``BART-
eligible source,'' ``deciview,'' ``Federal class I area,'' ``least-
impaired days,'' ``most-impaired days,'' ``natural conditions,'' 
``regional haze,'' ``visibility impairment'' and ``visibility in any 
mandatory Federal class I area'' from IDAPA 58.01.01.006 because the 
terms had the same definitions as those established in the Federal 
regional haze rules in 40 CFR 51.301, which were already incorporated 
by reference at IDAPA 58.01.01.107.03.a and therefore redundant. In 
addition, Idaho removed the term ``designated facility'' from IDAPA 
58.01.01.006 because the corresponding Federal term with the same 
definition (``major stationary source'') is used in the Idaho rules and 
incorporated by reference at IDAPA 58.01.01.107.03.a.\8\ The State also 
removed from IDAPA 58.01.01.006 and 007 the definitions of ``begin 
actual construction,'' ``innovative control technology,'' ``Indian 
governing body,'' and ``lowest achievable emission rate (LAER)'' 
because the same Federal terms and definitions are incorporated by 
reference at IDAPA 58.01.01.107.03.a.\9\ We propose to approve these 
changes.
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    \8\ As defined in 40 CFR 52.21(b)(1)(I)(a) and 
51.165(a)(1)(iv)(A). See IDAPA 58.01.01.204 and IDAPA 58.01.01.205.
    \9\ ``Begin actual construction'' is defined at 40 CFR 
52.21(b)(11) and 51.165(a)(1)(xv). ``Fugitive emissions'' is defined 
at 40 CFR 52.21(b)(20) and 51.165(a)(1)(ix). ``Innovative control 
technology'' is defined at 40 CFR 52.21(b)(19). ``Indian governing 
body'' is defined at 40 CFR 52.21(b)(28). Kraft pulping'' is defined 
in 40 CFR part 60, subpart BB and BBa. ``Lowest achievable control 
technology (LAER)'' is defined in 40 CFR 51.165(a)(1)(xiii). See 
IDAPA 58.01.01.204.02.a.
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    Idaho repealed certain terms from the centralized definitions 
sections because they are considered common knowledge. These included: 
``act'' for the State's governing environmental statute; ``BTU'' for 
British thermal unit; ``Clean Air Act;'' ``EPA;'' ``fire hazard;''

[[Page 52417]]

``grain elevator;'' ``grain storage elevator;'' and ``grain terminal 
elevator;'' hot-mix asphalt plant;'' ``kraft pulping;'' ``monitoring;'' 
``odor;'' ``open burning;'' ``PPM'' for parts per million; 
``quantifiable;'' ``radionuclide;'' ``smoke;'' ``smoke management 
plan;'' ``smoke management program;'' and ``standard conditions.'' We 
agree that these terms are common knowledge and propose to approve the 
repeals.
    Certain defined terms are no longer used in the Idaho air quality 
rules and therefore were repealed, including: ``air quality 
criterion;'' ``atmospheric stagnation advisory;'' ``collection 
efficiency;'' ``member of the public;'' ``multiple chamber 
incinerator;'' and ``wigwam burner.'' In addition, Idaho removed the 
term ``operating permit'' from the centralized definitions sections in 
the SIP because this term is not used in the SIP-approved federally 
enforceable State operating permit program (Tier II permit program) in 
IDAPA 58.01.01.400 through 409. The repeals of terms no longer used has 
no effect on the SIP.
    Idaho also repealed duplicative terms from the centralized 
definitions sections because they are already defined elsewhere in 
Idaho rules. Idaho repealed the term ``baseline (area, concentration, 
date)'' because baseline date, area and concentration are defined in 
IDAPA 58.01.01.579 and the centralized definition had served as a 
cross-reference only. Idaho removed the term ``garbage'' because this 
term is defined in IDAPA 58.01.01.603 and considered common knowledge. 
Idaho also removed the term ``opacity'' because the general definition 
of opacity is considered common knowledge while the specific test 
methods and procedures for determining opacity for purposes of the 
Idaho air quality rules are defined in the implementing rule at IDAPA 
58.01.01.625. Idaho repealed the term ``complete'' (with respect to a 
permit application) because the required materials needed for a 
complete permit application are defined in the permitting regulations 
at IDAPA 58.01.01.202 and 402.
    Idaho removed the terms ``toxic substance,'' ``toxic air pollutant 
carcinogenic increments'' and ``toxic air pollutant non-carcinogenic 
increments'' from the centralized definitions sections because they are 
related to rules regulating hazardous air pollutants, rather than the 
criteria pollutants, and such hazardous air pollutant requirements are 
not part of the Idaho SIP. Idaho also repealed the centralized 
definition of ``permit to construct'' because the term is defined in 
IDAPA 58.01.01.201. We propose to approve the repeal of these 
duplicative definitions.
    The State removed the term ``woodstove curtailment advisory'' from 
the centralized definitions section and all sections where it was used 
in favor of the term that is used in practice, ``air quality 
advisory.'' Idaho removed the term ``hazardous waste'' from the 
centralized definitions section because when this term is used in the 
air quality rules, it points to the definition established in the Idaho 
rules and standards for hazardous waste.\10\ Idaho also repealed the 
definition of the term ``effective dose equivalent.'' The radionuclide 
rules that use the term are not part of the SIP, therefore the repeal 
of this definition has no effect on the SIP.
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    \10\ IDAPA 58.01.05.000 et seq.
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    Idaho moved a number of definitions from the centralized 
definitions sections to the implementing rule sections. Specifically, 
Idaho moved the defined term ``noncondensibles'' to IDAPA 58.01.01.835. 
Idaho also removed the term ``prescribed fire management burning'' and 
replaced it with a definition of ``prescribed fire'' at IDAPA 
58.01.01.614. The State also moved the definitions of ``process 
weight'' and ``process weight rate'' to IDAPA 58.01.01.700, ``salvage 
operation'' to IDAPA 58.01.01.603.01.c, ``small fire'' to IDAPA 
58.01.01.607, and ``trade waste'' to IDAPA 58.01.01.603.01. The State 
moved the definition of ``pilot plant'' to IDAPA 58.01.01.222.01.e and 
moved the definition of ``T-RACT'' (reasonably available control 
technology for toxics) to IDAPA 58.01.01.210.
    In the May 8, 2023, submission, Idaho moved the definitions of 
``breakdown,'' ``safety measure,'' ``scheduled maintenance,'' 
``shutdown,'' ``startup'' and ``upset'' to IDAPA 58.01.01.130 because 
the terms are primarily used in IDAPA 58.01.01.130 through 136. For the 
same reason, the Idaho DEQ intended to also move the definition of 
``excess emissions'' to IDAPA 58.01.01.130. However, while Idaho 
removed the definition of that term from the centralized definitions 
section, the State inadvertently failed to add it to IDAPA 
58.01.01.130. Therefore, the State fixed the error and submitted the 
fix to the EPA as part of the May 13, 2024, submission. Also in that 
submission, Idaho reformatted the excess emissions-related definitions 
in IDAPA 58.01.01.130 to make the rule section easier to read. We 
propose to approve and incorporate by reference into the SIP the 
definitions in IDAPA 58.01.01.130.
    Idaho also made updates and revisions to several definitions and 
combined other definitions. The State revised the definition of 
``actual emissions'' at IDAPA 58.01.01.006.03 to clarify that actual 
emissions as of a particular date are to be calculated as the average 
rate at which a unit emitted a pollutant in tons per year during the 
preceding consecutive 24-month period, rather than the preceding 2-year 
period. This change is consistent with the Federal definition of actual 
emissions at 40 CFR 51.165(a)(1)(xii) and 51.166(b)(21). Idaho also 
folded the definition of ``construction'' into the definition of 
``commence construction and modification.'' This combined definition, 
which applies for purposes of pre-construction permitting under the 
minor and nonattainment new source review programs, aligns with the 
Federal definitions of ``construction'' and ``begin actual 
construction'' at 40 CFR 51.165(a)(1)(xviii) and (xv), respectively. We 
note that for purposes of the prevention of significant deterioration 
(PSD) program, Idaho adopts by reference the Federal definitions of 
``commence,'' ``construction,'' and ``begin actual construction'' as 
applied to construction of a major stationary source or major 
modification in attainment areas at 40 CFR 52.21(b). The State also 
revised the definition of ``emissions unit'' to remove the qualifying 
text that stated the definition does not alter or affect the term 
``unit'' for purposes of the Federal acid rain program. Idaho has no 
acid rain-related requirements in the SIP, therefore we propose to 
concur with the Idaho DEQ that this qualifying text is not needed.
    The State combined the definitions of ``mercury'' and ``mercury 
best available control technology (MBACT)''. We find that the 
combination of these terms is appropriate. Notably, the term 
``mercury'' is only used in the context of MBACT to limit mercury 
emissions under the Idaho air toxics regulations that are generally not 
part of the SIP. Idaho also combined the definitions of ``primary 
ambient air quality standard'' and ``secondary ambient air quality 
standard'' into a new definition of ``national ambient air quality 
standards.'' We propose to approve the change because the new 
definition encompasses the old terms and is consistent with Clean Air 
Act sections 109 and 110.
    Idaho also combined the definitions of ``particulate matter,'' 
``particulate matter emissions,'' ``PM10,'' 
``PM10 emissions,'' ``PM2.5,'' and 
``PM2.5 emissions'' into a single ``particulate matter'' 
definition. We propose to

[[Page 52418]]

approve this combination of terms. Idaho repealed the definition of the 
term ``total suspended particulates'' because the EPA replaced total 
suspended particulates with PM10 as an indicator for the 
particulate matter NAAQS in 1987 (July 1, 1987, 52 FR 24634). 
Additionally, the State removed the definition of ``special fuels'' 
because the relevant language was already included in the definition of 
``gasoline'' in IDAPA 58.01.006 and streamlined the definition of 
``stage 1 vapor collection'' and moved it to IDAPA 58.01.01.592. 
However, we note that IDAPA 58.01.01.592 is not in the SIP and was not 
submitted for EPA approval. Additionally, no gasoline dispensing 
facility rules are in the Idaho SIP. Therefore, the definition of stage 
1 vapor collection is not relevant to the SIP. Finally, Idaho 
reformatted the definition of ``significant'' to convert the text to a 
table for readability. The definition remains consistent with the 
Federal definition of the term at 40 CFR 51.21(b)(23) and 
51.165(a)(1)(x)(A). Idaho also reformatted the definition of 
``significant contribution,'' consistent with the Federal definition at 
40 CFR 51.165(b)(2), into a table for ease of use.
    In conclusion, we propose to approve the submitted changes to the 
Idaho SIP definitions for the reasons described in section III.B. of 
this preamble, in the submissions themselves, and in the supporting 
documentation in the docket for this action.

C. Incorporations by Reference

    To stay up to date with changes to the NAAQS and related planning 
and monitoring requirements, Idaho incorporates certain Federal 
regulations by reference into IDAPA 58.01.01.107.03 as of a specific 
date. Each year, Idaho revises the incorporation by reference citation 
date and submits the update to the EPA for approval into the Idaho SIP. 
The most recent citation update, to incorporate Federal regulations as 
of July 1, 2023, was included in the May 13, 2024, submission. The 
specific Federal regulations currently incorporated by reference into 
the SIP at IDAPA 58.01.01.107.03 are: the National Primary and 
Secondary Ambient Air Quality Standards, 40 Code of Federal Regulations 
(CFR) part 50; the Requirements for Preparation, Adoption, and 
Submittal of Implementation Plans, 40 CFR part 51, with the exception 
of certain visibility-related requirements; the Approval and 
Promulgation of Implementation Plans, 40 CFR part 52, subparts A and N, 
and appendices D and E; the Ambient Air Monitoring Reference and 
Equivalent Methods, 40 CFR part 53; and the Ambient Air Quality 
Surveillance, 40 CFR part 58.
    Between the current SIP-approved adoption date of July 1, 2021 and 
the revised adoption date of July 1, 2023, the EPA made no changes to 
40 CFR parts 50, 53, and 58. The EPA did, however, make certain 
corrections to the new source review (NSR) regulations in 40 CFR parts 
51 and 52, (86 FR 37918, July 19, 2021). In the NSR correction action, 
the EPA fixed typographical and grammatical errors, removed vacated 
rule language, removed or updated outdated or incorrect cross 
references, adjusted certain provisions to conform to changes contained 
in the 1990 Clean Air Act Amendments, and removed outdated 
grandfathering or transitional exemptions. The EPA also revised 40 CFR 
part 51 to correct and update regulations for source testing of 
emissions under various rules (88 FR 18396, March 29, 2023). In 
addition, the EPA revised 40 CFR part 52 subpart N to approve changes 
to the Idaho SIP, including the approved removal of the motor vehicle 
inspection and maintenance program (88 FR 39177, June 15, 2023), 
updates to the incorporation by reference of EPA regulations (87 FR 
31429, May 24, 2022; 88 FR 18426, March 29, 2023), an update to the 
State board composition requirements (88 FR 34091, May 26, 2023), and 
the approved redesignation of the West Silver Valley fine particulate 
matter nonattainment area to attainment (86 FR 63315, November 16, 
2021).
    We note that Idaho streamlined and renumbered the paragraphs in 
IDAPA 58.01.01.107. Specifically, Idaho struck the prior general 
introductory language and reference material information in paragraphs 
01 and 02 and renumbered the incorporation of Federal provisions in 
paragraphs 03--from 03.a through 03.p to 01 through 16. We propose to 
find that this streamlining and renumbering makes no substantive 
changes to the rule.
    In conclusion, Idaho's revisions to IDAPA 58.01.01.107 have the 
effect of incorporating into the Idaho SIP the revisions described in 
section III.C. of this preamble. We propose to approve the updates as 
consistent with Clean Air Act requirements.

D. Permitting Regulations

    The Idaho SIP includes a permit to construct program designed to 
regulate emissions from new and modified industrial sources and a non-
title V operating permit program (called the Idaho Tier II operating 
permit program) to permit the operation of certain stationary sources. 
The submitted revisions streamline these permitting rules by removing 
redundant language, clarifying requirements, and repealing obsolete 
provisions. For example, Idaho repealed obsolete air quality model 
language from both the permit to construct and Tier II operating permit 
rules, at IDAPA 58.01.01.202 and 402 respectively.\11\ Specifically, 
Idaho deleted outdated references to the EPA's September 1984 Interim 
Procedures for Evaluating Air Quality Models. The State incorporates by 
reference the EPA's Guidelines on Air Quality Models at 40 CFR part 51, 
appendix W into the SIP and those guidelines include the most up-to-
date requirements for the use of substitute air quality models.\12\ We 
propose to approve the submitted changes because they remove outdated 
requirements.
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    \11\ These permit programs require that all estimates of ambient 
concentrations are based on applicable air quality models and other 
requirements in the EPA's Guideline on Air Quality Models at 40 CFR 
part 51, appendix W and state that the use of a substitute air 
quality model is subject to EPA written approval.
    \12\ Idaho incorporates by reference the EPA's Guidelines on Air 
Quality Models at 40 CFR part 51, appendix W at IDAPA 
58.01.01.107.03.a.
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    Idaho struck duplicative language from the public notice and 
comment section of the State rules at IDAPA 58.01.01.209. Idaho removed 
language stating that the Idaho DEQ will notify the public of a permit 
action when a permit application includes fluid modeling or field 
studies. This same language is spelled out in IDAPA 58.01.01.514 
(renumbered to section 512 in this submission) and does not need to be 
repeated. In addition, Idaho combined the compliance requirements in 
IDAPA 58.01.01.212 and IDAPA 58.01.01.406 into a new rule section at 
IDAPA 58.01.01.108. The change continues to require that receipt of a 
permit or registration under an air quality permitting program does not 
relieve any owner or operator of the responsibility to comply with all 
applicable local, State and Federal statutes, rules and regulations.
    Idaho clarified IDAPA 58.01.01.213 to make clear that only minor 
sources are eligible for pre-permit construction approval from the 
Idaho DEQ. In addition, at the EPA's request, the State submitted the 
permit to construct fee requirements at IDAPA 58.01.01.226 and IDAPA 
58.01.01.227 for approval into the SIP. We propose to approve and 
incorporate by reference these permit to construct fee provisions 
because they support the requirement for each SIP to address CAA 
section 110(a)(2)(L),
    In the submissions, Idaho removed language from the optional Tier 
II

[[Page 52419]]

permit rule section at IDAPA 58.01.01.401.01.a. that referenced the 
option for a source to request alternative emission limits or 
``bubbles'' as laid out in IDAPA 58.01.01.440. Bubbles are not a 
required element of a SIP and the implementing rule at IDAPA 
58.01.01.440 is not part of the SIP. Therefore, Idaho repealed IDAPA 
58.01.01.440 and all cross references to it. Also, in IDAPA 
58.01.01.401, Idaho struck redundant language from paragraph 02.a.i. 
The language that was struck (requiring a source to obtain a Tier II 
permit if the source is not subject to title V but has a permit to 
construct with a different emission standard from those in the Idaho 
air quality rules) is redundant with language in IDAPA 
58.01.01.401.03.a. We propose to approve the changes.
    IDAPA 58.01.01.402 requires, among other things, that when applying 
for a permit to construct, an owner or operator must ensure all 
estimates of ambient concentrations are based on applicable air quality 
models and other requirements set forth in 40 CFR part 51, appendix W 
(Guideline on Air Quality Models). Where an air quality model in the 
EPA guideline is inappropriate, a substitute model may be used, subject 
to written approval from the EPA. In the submission, Idaho repealed 
language from IDAPA 58.01.01.402 related to such non-standard models. 
The repealed language re-states the requirements of the EPA guideline, 
which is already incorporated by reference into the SIP, therefore, we 
propose to approve the change.
    In addition, Idaho clarified the procedures for issuing permits at 
IDAPA 58.01.01.404. The State removed language from paragraph 01.c. 
that duplicates language in section 404.02.b. related to the public 
availability of information. Idaho also streamlined the registration 
requirements for portable sources in IDAPA 58.01.01.500 by deleting the 
obsolete provisions from paragraph 01 that phased in original 
requirements from when the rule was first established, and by moving 
the regulatory text in paragraph 02 to IDAPA 58.01.01.108. We propose 
to approve the changes as not altering the meaning of the rules.
    In the submissions, Idaho revised IDAPA 58.01.01.580 
(Classification of prevention of significant deterioration areas) by 
striking the area classifications spelled out in the rule and making 
clear that the same classifications are listed in 40 CFR 52.21(e), 
incorporated by reference in IDAPA 58.01.01.107. The State also 
combined rule text governing stack height and dispersion techniques at 
IDAPA 58.01.01.510 and 511 into section 510 and added new language to 
make clear that the definitions of terms used in the stack height rules 
are found in the Federal regulations at 40 CFR 51.100, incorporated by 
reference at IDAPA 58.01.01.107. Because the definitions are 
incorporated by reference, Idaho repealed the stack height definitions 
section at IDAPA 58.01.01.512 and renumbered the rule section series. 
We propose to approve the stack height rules changes as non-
substantive.
    Idaho made significant changes to certain sections of the 
nonmetallic mineral processing plant permit by rule requirements at 
IDAPA 58.01.01.011 and 58.01.01.790 through 799. First, Idaho repealed 
the dedicated definitions section for the non-metallic mineral 
processing plant rules at IDAPA 58.01.01.011. The terms defined in this 
section include: ``best management practice;'' ``control strategy 
trigger;'' ``nonmetallic mineral processing plant;'' ``NSPS regulated 
facility;'' ``permit by rule;'' ``progressive control strategy;'' and 
``site of operations.'' We propose to approve the repeal of IDAPA 
58.01.01.011 because the listed terms were either moved to the 
implementing rules at IDAPA 58.01.01.790 through 799, are no longer 
used in the implementing rules, or are commonly understood and do not 
need to be defined.
    Next, Idaho repealed the definitions of several terms in the 
implementing rules at IDAPA 58.01.01.799 including: ``transfer point;'' 
``belt conveyor;'' ``conveying system;'' ``bucket elevator;'' 
``screening operation;'' ``capture system;'' ``control device;'' 
``vent;'' ``crusher;'' ``grinding mill;'' ``initial crusher;'' 
``stockpile;'' and ``truck dumping.'' The definitions are considered 
common knowledge, therefore, we propose to approve the repeal of IDAPA 
58.01.01.011 and the submitted revisions to IDAPA 58.01.01.101, 
58.01.01.790 and 58.01.01.799.
    Finally, the State clarified at IDAPA 58.01.01.797 that, to 
register for the nonmetallic mineral processing plant permit by rule, a 
registrant must use forms furnished by the Idaho DEQ or by other means 
approved by the Idaho DEQ. We propose to approve this change.

E. Smoke and Visibility Requirements

    In the submissions, the open burning rules were streamlined in a 
number of ways. First, Idaho clarified the list of materials not to be 
burned. Specifically, Idaho revised IDAPA 58.01.01.603 to indicate that 
``garbage'' is defined in the solid waste rules at IDAPA 58.01.06, 
``hazardous waste'' is classified according to the hazardous waste 
rules at IDAPA 58.01.05, and ``treated lumber'' includes timbers coated 
with preservatives, paints or other protective materials. The State 
also removed the term ``suffer'' from IDAPA 58.01.01.603 because it was 
deemed to be archaic language. In the submission, Idaho stated that the 
revisions were made to clarify current requirements and are not 
intended to change the scope of the rule. We propose to approve the 
revisions.
    Second, Idaho streamlined the rule sections addressing the various 
forms of allowable open burning. Specifically, the State moved the 
definition of ``small fire'' from the centralized definitions sections 
to the recreational and warming fires section at IDAPA 58.01.01.607. In 
the weed control fires section at IDAPA 58.01.01.608, Idaho clarified 
that burning weeds within a rock pile is regulated as a weed control 
fire and is not categorized as crop residue burning. In the training 
fires section at IDAPA 58.01.01.609, Idaho made clear that both fire 
departments and land management agencies must notify the Idaho DEQ 
prior to igniting a training fire and must ensure it does not smolder 
after the training session. We note that in the rule section addressing 
residential yard waste fires, IDAPA 58.01.01.611, Idaho removed the 
terms ``solid waste'' and ``rubbish'' to reference the definition of 
yard waste in the Idaho State solid waste rules at IDAPA 58.01.06.
    In addition, the State streamlined the orchard fire and heater 
requirements at IDAPA 58.01.01.613. Specifically, Idaho removed 
obsolete text and outdated opacity and emission limits for orchard 
heating devices, because open burning is no longer used in Idaho to 
protect orchards from frost damage, per the Idaho State Department of 
Agriculture.\13\ We propose to approve the changes as SIP strengthening 
because they remove orchard heating devices from the allowable forms of 
open burning.
---------------------------------------------------------------------------

    \13\ See the May 8, 2023, submission in the docket for this 
action.
---------------------------------------------------------------------------

    Idaho removed the definition of ``prescribed fire management 
burning'' from the centralized definitions sections and added a 
definition of ``prescribed fire'' to the implementing rule section at 
IDAPA 58.01.01.614. Idaho also made minor changes to the definition to 
be consistent with the Idaho Department of Lands definition of the same 
term in IDAPA 20.02.01. The State made minor changes to characterize 
several previously-allowed types of prescribed fire as ``land 
management activities,'' which we are proposing to approve

[[Page 52420]]

because the changes do not substantively impact the rule.
    The State streamlined the permit by rule for crop residue disposal 
requirements in IDAPA 58.01.01.617 through 625. Idaho revised section 
618 in a number of ways. The State struck language that stated, ``All 
persons shall be deemed to have a permit by rule if they comply with 
all the provisions of Sections 618 through 624.'' This language was 
struck to make clear that all persons burning crop residue must receive 
a permit prior to burning. We propose to approve this clarification as 
strengthening the rule.
    Idaho added the word ``pasture'' to section 618 as interchangeable 
with ``crop residue'' to clarify that open burning of pastures has 
always been allowed under the crop residue burning program. Idaho 
stated in the submission that this clarification does not change the 
meaning of the rules. Specifically, the submission stated that in 2008, 
the Idaho DEQ determined that pastures were an allowable crop types to 
be burned under the crop residue rules. The Natural Resources 
Conservation Service issued a letter that stated harvesting of crops 
can be achieved by animals as well as machines. Therefore, it was 
determined that the residue remaining in the pasture after harvest by 
animals met the definition of crop residue. Idaho DEQ also explicitly 
analyzed the burning of pasture residue in the crop residue burning SIP 
revision approved by the EPA in 2018 (83 FR 28382). We propose to 
approve the change.
    The State removed from section 618 the following language: ``The 
permit by rule does not relieve the applicant from obtaining all other 
required permits and approvals required by other State and local fire 
agencies or permitting authorities.'' Idaho determined that this 
language was redundant because it repeated the same language in IDAPA 
58.01.01.601. We propose to approve the submitted changes to section 
618.
    Idaho updated the permit by rule registration requirements at IDAPA 
58.01.01.619 for the technology used by the Idaho DEQ to review and 
approve registration information. The submissions state that the Idaho 
DEQ uses only the latitude and longitude to plot the area to be burned 
using an online mapping tool, therefore the State no longer requires 
the street address of the property and the plot plan. The submissions 
also clarified that at the time of registration, the crop type, total 
acres and location are the only information needed. This is because the 
other fuel characteristics generally change from the time of 
registration to the time of the actual burn and are therefore not 
useful information to be included with the registration. We propose to 
approve these changes because it is appropriate to require only those 
materials needed by the State at the time of registration.
    Idaho updated the burn approval section at IDAPA 58.01.01.621 to 
make clear that permittees must obtain final approval from the Idaho 
DEQ on the morning of the requested burn--not simply confirm with the 
Idaho DEQ that the burn is approved. This change obviates the need to 
retain language stating that the Idaho DEQ may shorten the approval 
time to less than 12 hours prior to the proposed burn based on 
meteorological or other conditions. The current SIP-approved rule does 
not require permittees to request approval near the time of the 
proposed burn, meaning there is a greater possibility that conditions 
could change between the time of the request and the actual burn time. 
The EPA believes this risk is largely eliminated by the revised 
requirement to require approval the morning of the burn. Therefore, we 
propose to approve the submitted changes to section 621 because they 
strengthen the SIP.
    Idaho clarified in the general provisions section of IDAPA 
58.01.01.622 that all persons must complete a grower training prior to 
their first burn and at least once every five years thereafter. The 
State also removed redundant language noting that tires and other 
restricted material described in IDAPA 58.01.01.603.01 may not be 
burned. In IDAPA 58.01.01.624, the State replaced the term 
``agriculture'' with the term ``crop'' for consistency. Finally, Idaho 
removed language related to wigwam burners in IDAPA 58.01.01.625 and 
58.01.01.626 since wigwam burners are no longer allowed under the SIP-
approved rules. We propose to approve the changes because we have made 
the preliminary determination that they will strengthen the SIP.
    The SIP-approved Idaho regional haze rules are established in IDAPA 
58.01.01.665 through 668. Idaho revised IDAPA 58.01.01.665 to make 
clear that the rules are intended to address the Federal visibility 
requirements of 40 CFR 51.301, 51.307 and 51.308, which are 
incorporated by reference in IDAPA 58.01.01.107. The State also 
replaced most of the language in IDAPA 58.01.01.666 related to 
reasonable progress goals and IDAPA 58.01.01.667 related to the 
regional haze long-term strategy, with the statement that the Idaho DEQ 
will submit to the EPA a long-term strategy that meets the requirements 
in 40 CFR 51.308(d)(3) and (f)(2). Idaho also repealed the first round 
regional haze planning requirements in IDAPA 58.01.01.668 that 
implemented best available retrofit technology (BART) requirements. 
Because the first round of regional haze planning and BART requirements 
have been implemented and the submission included an Attorney General 
statement certifying that the submitted changes are not intended to be 
substantive and will not impede the Idaho DEQ's lawful authority to 
implement EPA-approved Clean Air Act programs, we propose to approve 
the regional haze rules revisions.

F. Repeals

    This section of the preamble serves to highlight where Idaho has 
repealed entire rule sections from the State air quality rules. First, 
Idaho repealed IDAPA 58.01.01.004, a rule section stating that 
catchlines within the Idaho air quality rules should not be used to 
interpret the rules themselves. A catchline is a short summary of each 
section, part, rule, or title of the code that follows the section, 
part, rule or title reference.\14\ Catchlines are used in the Idaho air 
quality rules and in most regulations written by states and the EPA. We 
propose to determine that catchlines are commonly used to aid the 
reader, therefore, it is appropriate to repeal the catchlines rule at 
section 004.
---------------------------------------------------------------------------

    \14\ See https://www.lawinsider.com/dictionary/catchline.
---------------------------------------------------------------------------

    The State repealed IDAPA 58.01.01.011, listing the definitions for 
use in the non-metallic mineral processing plants rules. Please see 
section III.D. of this preamble for a detailed discussion. Idaho also 
repealed IDAPA 58.01.01.106 which is a centralized section of 
abbreviations used in the toxic air pollutant rules (IDAPA 58.01.01.585 
and 586). All of the defined abbreviations were either moved to the 
implementing regulations, are already in the implementing regulations, 
or are considered common knowledge, therefore, we propose to approve 
the repeal of the abbreviations rule sections. We note that the toxic 
air pollutant rules are not part of the Idaho SIP and were not included 
in the submissions.
    Idaho repealed IDAPA 58.01.01.124 (truth, accuracy and completeness 
of documents) because it was considered redundant with the requirement 
in IDAPA 58.01.01.123 to certify that statements and information in all 
documents submitted to the Idaho DEQ are true, accurate and complete. 
We agree and propose to approve the repeal.

[[Page 52421]]

The State also repealed IDAPA 58.01.01.127, requiring that all 
responses and information submitted to the Idaho DEQ be provided in an 
approved format. In the submission, the Idaho DEQ stated that it 
requires the use of specific forms and provides those forms on its 
website where needed. We propose to approve the repeal.
    Idaho repealed IDAPA 58.01.01.160, which requires compliance with 
the test methods and procedures in IDAPA 58.01.01.157. The State 
indicated that section 160 establishes no new requirements and is 
duplicative of section 157. We agree and propose to approve the repeal. 
The State also repealed IDAPA 58.01.01.162 which stated that more 
restrictive emission limits may be set for facilities where terrain 
and/or other physical conditions limit the dispersion of air 
pollutants. The submission indicates that the Idaho permit to construct 
program already requires regulated facilities to use modeling and other 
information to demonstrate that emissions will not cause an exceedance 
of applicable air quality standards. Such modeling analyses include 
potential impacts from terrain and other physical conditions and 
therefore, IDAPA 58.01.01.162 is not necessary. We agree and propose to 
approve the repeal.
    Idaho repealed IDAPA 58.01.01.163 (source density) which stated 
that Idaho may set more restrictive emission limits in areas where each 
individual source is meeting the Idaho air rules but ambient air 
quality standards and still being exceeded. In the submission, the 
State asserted that this rule section is not needed because: (1) the 
Idaho SIP-approved permitting program requires analyses that include 
background air quality conditions and that assess the impacts of co-
contributing sources; and (2) Idaho maintains a wide array of 
authorities to address attainment issues in a particular area, such as 
more restrictive emission limits on individual sources, to bring the 
area into attainment. The EPA proposes to approve the State's change.
    Idaho repealed IDAPA 58.01.01.406, stating that, ``Receiving a Tier 
II operating permit shall not relieve any owner or operator of the 
responsibility to comply with all applicable local, State and Federal 
rules and regulations.'' The submission states that this language has 
been moved to IDAPA 58.01.01.108 and is therefore redundant. We propose 
to approve the state's repeal.
    We note that Idaho repealed a number of rule sections as part of an 
overall reformatting of the SIP-approved emergency episode rules. The 
streamlining and formatting changes consolidate most of the existing 
requirements into IDAPA 58.01.01.550, 556, 557, 558, and 562 and repeal 
IDAPA 58.01.01.551, 552, 553, 559, 560, and 561. However, we note that 
one substantive requirement was removed from the emergency episode 
rules. Specifically, Idaho removed the requirement that certain places 
of employment immediately cease operations when a Stage 4 air emergency 
is declared in coordination with the Governor (IDAPA 
58.01.01.561.04.c). These rules were originally promulgated in the 
1970s when carbon monoxide air emergencies were a concern and the rules 
sought to cease operations of the general economy and keep the public 
home. Contemporary air quality episodes that reach emergency levels are 
most often related to wildfires, dust storms, and other natural events. 
Consistent with the emergency episode requirements of the Clean Air Act 
at section 110(a)(2)(G), Idaho Code Section 112 continues to provide 
the Idaho DEQ Director with emergency order authority comparable to 
that of Clean Air Act section 303 which provides authority to the EPA 
Administrator to restrain any source from causing or contributing to 
emissions which present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' This statutory 
authority and the revised version of IDAPA 58.01.01.550 through 561 
together continue to meet CAA section 110(a)(2)(G) requirements, 
therefore we propose to approve the removal of the above-described 
requirements from IDAPA 58.01.01.561.\15\
---------------------------------------------------------------------------

    \15\ See EPA Guidance on Infrastructure State Implementation 
Plan (SIP) Elements, dated September 13, 2013, in the docket for 
this action.
---------------------------------------------------------------------------

    The State also repealed IDAPA 58.01.01.578, a rule section that 
describes procedures for designating attainment, unclassifiable, and 
nonattainment areas. The Idaho DEQ determined this rule section was 
never used and that the State recognizes the Federal designations, 
therefore the Idaho air quality rules were revised to point to the 
EPA's codification of area designations in 40 CFR part 81. We find the 
change acceptable.
    In the submissions, Idaho repealed IDAPA 58.01.01.610 related to 
industrial flares that burn combustible gases. The rule section states 
that such flares are subject to the permitting program requirements in 
IDAPA 58.01.01.200 through 223. We propose to approve the repeal of 
this rule because it imposes no requirements other than those already 
prescribed in the permitting program and therefore makes no substantial 
changes to the SIP.
    In addition, the State repealed a rule governing emissions from a 
type of wood scrap and saw dust burning device called a beehive burner 
\16\ (IDAPA 58.01.01.626). The rule was repealed because this type of 
burner was phased out of the wood products industry long ago and no 
such burners exist in Idaho. We propose to approve the repeal of this 
rule because it provided beehive burners with a startup exemption to 
the general opacity standard rule at IDAPA 58.01.01.625. Therefore, the 
repeal of this rule strengthens the SIP.
---------------------------------------------------------------------------

    \16\ Formerly known as a ``wigwam'' burner.
---------------------------------------------------------------------------

    Idaho repealed the rules for control of particulate matter 
emissions from incinerators at IDAPA 58.01.01.785 through 787. The 
incinerator rules limited particulate matter emissions to two tenths 
(0.2) pounds of particulates per one hundred (100) pounds of refuse 
burned. We propose to approve this change because the emission limit 
established in the incinerator rules was less stringent than the limit 
in the process weight rate rules in IDAPA 58.01.01.700 through 703 and 
therefore the repeal of the incinerator rules does not weaken the SIP.
    Idaho repealed the rules for the control of particulate matter 
emissions from hot mix asphalt plants (IDAPA 58.01.01.805 through 808). 
The hot mix asphalt plant rules required compliance with the process 
weight rate rules in IDAPA 58.01.01.700 through 703 and the 
satisfactory control of fugitive dust. We propose to approve the repeal 
because the hot mix asphalt plant rules added no particulate matter 
control requirements that weren't already applicable under the process 
weight rate rules in IDAPA 58.01.01.700 through 703 and the fugitive 
dust rules in IDAPA 58.01.01.651, therefore, the repeal does not weaken 
the SIP. We propose to find that these repeals will not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of the Clean Air Act.

IV. Proposed Action

    The EPA is proposing to approve, and incorporate by reference into 
40 CFR 52.670(c), the revisions to the Idaho Rules for the Control of 
Air Pollution submitted by Idaho on May 8, 2023 and May 13, 2024. The 
following paragraphs detail the regulatory provisions.

[[Page 52422]]

A. IDAPA Provisions for Approval and Incorporation by Reference

    Upon final action, the Idaho SIP will incorporate the following 
sections of the Idaho Rules for the Control of Air Pollution (IDAPA 
58.01.01), State effective March 28, 2023, unless otherwise specified:
     IDAPA 58.01.01.001 Title and scope (describing the title 
and general scope);
     IDAPA 58.01.01.005 Definitions (referencing the terms 
defined in State statute and Federal regulations to be used in the 
Idaho air quality regulations);
     IDAPA 58.01.01.006 General definitions (defining 
centralized terms used in the Idaho air quality regulations), except 
006.49, 006.50, 006.51, 006.66, 006.67, 006.68.b, 006.116, and 006.118;
     IDAPA 58.01.01.007 Definitions for the purposes of 
sections 200 through 228 and 400 through 461 (defining centralized 
terms used in the major and minor source permitting programs);
     IDAPA 58.01.01.107 Incorporations by reference (listing 
the codes, rules and standards incorporated by reference into the Idaho 
air quality regulations), except 107.06 through 107.16, State effective 
July 1, 2024;
     IDAPA 58.01.01.108 Obligation to comply (requiring that 
receiving a permit or certificate of registration does not relieve the 
owner or operation of the obligation to comply with all applicable 
regulations);
     IDAPA 58.01.01.121 Compliance requirements by department 
(detailing actions to ensure compliance with the air quality rules);
     IDAPA 58.01.01.122 Information orders by the department 
(establishing how information may be obtained in implementing the air 
quality rules);
     IDAPA 58.01.01.123 Certification of documents (requiring 
documents submitted to be certified as true, accurate and complete);
     IDAPA 58.01.01.125 False statements (prohibiting false 
statements, representation, or certification);
     IDAPA 58.01.01.126 Tampering (prohibiting interference 
with monitoring device, method, rule or order);
     IDAPA 58.01.01.130 Startup, shutdown, scheduled 
maintenance, safety measures, upset and breakdown (defining startup, 
shutdown, upset and scheduled maintenance), State effective July 1, 
2024;
     IDAPA 58.01.01.131 Excess emissions (establishing 
enforcement discretion criteria in the event of excess emissions);
     IDAPA 58.01.01.132 Correction of condition (requiring 
appropriate action to correct conditions causing an excess emissions 
event);
     IDAPA 58.01.01.133 Startup, shutdown and scheduled 
maintenance requirements (prescribing notifications, recordkeeping, 
reporting and other actions related to modes of operation);
     IDAPA 58.01.01.134 Upset, breakdown and safety 
requirements (identifying safety requirements and measures to minimize 
excess emissions during upsets);
     IDAPA 58.01.01.135 Excess emissions reports (detailing 
required data to be reported about excess emissions events);
     IDAPA 58.01.01.136 Excess emissions records (requiring 
records retention related to excess emissions);
     IDAPA 58.01.01.155 Circumvention (prohibiting the 
concealment of emissions);
     IDAPA 58.01.01.157 Test methods and procedures 
(establishing procedures for source test methods);
     IDAPA 58.01.01.164 Polychlorinated biphenyls (PCBs) 
(prohibiting the burning or selling of PCBs);
     IDAPA 58.01.01.175 Procedures and requirements for permits 
establishing a facility emissions cap (setting uniform procedures for a 
source to seek a facility emissions cap);
     IDAPA 58.01.01.176 Facility emissions cap, except 
provisions relating to hazardous air pollutants (establishing 
applicability and definitions for facility emissions cap requirements);
     IDAPA 58.01.01.178 Standard contents of permits 
establishing a facility emissions cap (listing the required contents of 
a permit establishing a facility emissions cap);
     IDAPA 58.01.01.179 Procedures for issuing permits 
establishing a facility emissions cap (identifying the procedures to be 
followed in issuing a facility emissions cap);
     IDAPA 58.01.01.180 Revisions to permits establishing a 
facility emissions cap (requiring changes to permit terms and 
conditions under certain circumstances);
     IDAPA 58.01.01.181 Notice and record-keeping of estimates 
of ambient concentrations (prescribing the process to make allowable 
changes to a facility emissions cap);
     IDAPA 58.01.01.200 Procedures and requirements for permits 
to construct (establishing uniform procedures for issuing permits to 
construct);
     IDAPA 58.01.01.201 Permit to construct required (requiring 
owners and operators of certain facilities to obtain permits to 
construct unless otherwise covered by a general permit or permit by 
rule);
     IDAPA 58.01.01.202 Application procedures (requiring a 
certified application using approved forms when applying for a permit 
to construct);
     IDAPA 58.01.01.203 Permit requirements for new and 
modified stationary sources, except paragraph 03 (stating that no 
permit will be issued unless a source complies with applicable emission 
limits and does not cause or contribute to a violation of an ambient 
air quality standard);
     IDAPA 58.01.01.204 Permit requirements for new major 
facilities or major modifications in nonattainment areas (requiring 
LAER and offsets for new major facilities and major modifications in 
nonattainment areas);
     IDAPA 58.01.01.205 Permit requirements for new major 
facilities or major modifications in attainment or unclassifiable areas 
(requiring new major facilities and major modifications meet certain 
requirements to construct in attainment areas);
     IDAPA 58.01.01.206 Optional offsets for permits to 
construct (offering the option to offset emissions using credits);
     IDAPA 58.01.01.208 Demonstration of net air quality 
benefit (establishing how to demonstrate net air quality benefit for 
emissions trades);
     IDAPA 58.01.01.209 Procedure for issuing permits (laying 
out application, public process and approval procedures for issuing 
permits);
     IDAPA 58.01.01.211 Conditions for permits to construct 
(conditioning permits to include monitoring, performance testing, 
cancellation);
     IDAPA 58.01.01.212 Relaxation of standards or restrictions 
(spelling out major preconstruction permitting requirements when a 
limit has been relaxed);
     IDAPA 58.01.01.213 Pre-permit construction (specifying 
when certain minor sources may request to construct before obtaining 
the permit);
     IDAPA 58.01.01.220 General exemption criteria for permit 
to construct exemptions (detailing exemptions from the requirements to 
obtain a permit to construct);
     IDAPA 58.01.01.221 Category I exemption (specifying 
exemptions for sources below regulatory concern);
     IDAPA 58.01.01.222 Category II exemption (detailing 
exemptions for sources such as laboratory equipment, pilot plants, 
mobile engines, retail gasoline facilities, etc.);
     IDAPA 58.01.01.226 Payment of fees for permits to 
construct (requiring

[[Page 52423]]

application and processing fee payment for permits to construct);
     IDAPA 58.01.01.227 Receipt and usage of fees (requiring 
received fees to be used to administer the permit to construct and Tier 
II operating permit programs)
     IDAPA 58.01.01.400 Procedures and requirements for Tier II 
operating permits (stating the purpose of the Tier II operating permit 
rules);
     IDAPA 58.01.01.401 Tier II operating permit, except 
paragraphs 01.a and 04 (laying out optional and required Tier II 
operating permits);
     IDAPA 58.01.01.402 Application procedures (laying out how 
to apply for a Tier II operating permit);
     IDAPA 58.01.01.403 Permit requirements for Tier II sources 
(requiring that no permit be issued unless it would include all 
applicable emission limits and ambient air quality standards);
     IDAPA 58.01.01.404 Procedure for issuing permits (general 
procedures for issuing Tier II permits);
     IDAPA 58.01.01.405 Conditions for Tier II operating 
permits (laying out permit terms, performance test requirements, and 
other conditions);
     IDAPA 58.01.01.460 Requirements for emission reduction 
credit (establishing the conditions that constitute a creditable 
emission reduction);
     IDAPA 58.01.01.461 Requirements for banking emission 
reduction credits (ERC's) (setting out how emission reduction credits 
may be banked);
     IDAPA 58.01.01.500 Registration procedures and 
requirements for portable equipment (requiring all portable equipment 
to be registered);
     IDAPA 58.01.01.510 Stack heights and dispersion techniques 
(establishing criteria for good engineering practice related to stack 
heights and dispersion techniques);
     IDAPA 58.01.01.511 Requirements (providing that the 
required degree of emission control must not be affected by the amount 
of stack height that exceeds good engineering practices);
     IDAPA 58.01.01.512 Opportunity for public hearing 
(providing an opportunity for a public hearing where a stack height 
would exceed good engineering practices);
     IDAPA 58.01.01.513 Approval of field studies and fluid 
models (requiring approval of field studies and fluid models by the 
EPA);
     IDAPA 58.01.01.514 No restriction on actual stack height 
(providing that these rules do not restrict actual stack height);
     IDAPA 58.01.01.550 Air quality episodes (defining 
requirements in the event of episodes of poor air quality);
     IDAPA 58.01.01.556 Criteria for declaring air quality 
episodes (identifying alert, warning and emergency episode stages);
     IDAPA 58.01.01.557 Requirements during air quality 
episodes (prescribing actions to be taken during air quality episode 
stages);
     IDAPA 58.01.01.558 Notification of air quality episode 
(defining what information will be provided to the public in the event 
of an air quality episode);
     IDAPA 58.01.01.562 Specific air quality episode abatement 
plans for stationary sources (requiring specific sources to adopt and 
implement their own abatement plans in the event of an air quality 
episode);
     IDAPA 58.01.01.579 Baselines for prevention of significant 
deterioration (establishing the baseline dates to be used in the PSD 
permitting program);
     IDAPA 58.01.01.580 Classification of prevention of 
significant deterioration areas (listing procedures for redesignating 
PSD areas);
     IDAPA 58.01.01.581 Prevention of significant deterioration 
(PSD) increments (establishing the allowable degree of deterioration 
for areas that have air quality better than the ambient standards);
     IDAPA 58.01.01.600 Rules for control of open burning 
(establishing rule to protect human health and the environment from air 
pollutants resulting from open burning);
     IDAPA 58.01.01.601 Fire permits, hazardous materials, and 
liability (stating that a person is not exempt from other laws and 
ordinances related to open burning);
     IDAPA 58.01.01.602 Nonpreemption of other jurisdiction 
(stating that these rules are not intended to interfere with the rights 
of other agencies to provide equal or more stringent open burning 
controls);
     IDAPA 58.01.01.603 General requirements (prescribing the 
general open burning restrictions);
     IDAPA 58.01.01.606 Categories of allowable burning 
(listing the categories of allowable open burning);
     IDAPA 58.01.01.607 Recreational and warming fires 
(describing the campfires, barbeques, ceremonial fires and small 
handwarming fires that are allowed);
     IDAPA 58.01.01.608 Weed control fires (describing the weed 
abatement fires that are allowed);
     IDAPA 58.01.01.609 Training fires (describing the fire and 
land management training fires that are allowed);
     IDAPA 58.01.01.611 Residential yard waste fires 
(describing the yard waste disposal fires that are allowed);
     IDAPA 58.01.01.612 Solid waste facility fires (describing 
when solid waste disposal fires may be allowed);
     IDAPA 58.01.01.613 Orchard fires (describing orchard 
clipping disposal fires that are allowed);
     IDAPA 58.01.01.614 Prescribed fires (describing the 
prescribed fire that may be allowed under certain conditions);
     IDAPA 58.01.01.615 Dangerous material fires (describing 
allowable fires ignited under the direction of a public or military 
fire chief to dispose of dangerous materials);
     IDAPA 58.01.01.616 Infectious waste burning (describing 
allowable infectious waste fires conducted under the direction of a 
public health officer);
     IDAPA 58.01.01.617 Crop residue disposal (establishing 
requirements for crop residue disposal fires);
     IDAPA 58.01.01.618 Permit by rule (requiring that no 
person may conduct an open burn of crop residue without the applicable 
permit by rule);
     IDAPA 58.01.01.619 Registration (establishing registration 
requirements for crop residue burn permit by rule);
     IDAPA 58.01.01.620 Burn fee (setting fee payment deadline 
for crop residue burns);
     IDAPA 58.01.01.621 Burn approval (establishing the 
criteria for crop residue burn approval);
     IDAPA 58.01.01.622 General provisions (listing the 
requirements for persons conducting crop residue burns);
     IDAPA 58.01.01.623 Public notification (indicating that 
the Idaho DEQ will notify the public of burn or no-burn days);
     IDAPA 58.01.01.624 Spot and baled crop residue burn and 
propane flaming requirements (detailing the requirements for spot 
burns, baled burns and propane flaming);
     IDAPA 58.01.01.625 Visible emissions (establishing opacity 
limits and test methods);
     IDAPA 58.01.01.650 Rules for control of fugitive dust 
(requiring that all reasonable precautions be taken to prevent fugitive 
dust);
     IDAPA 58.01.01.651 General rules (establishing general 
requirements to limit the generation of fugitive dust);
     IDAPA 58.01.01.665 Regional haze rules (addressing 
visibility impairment in mandatory Class I Federal areas);
     IDAPA 58.01.01.666 Reasonable Progress goals (establishing 
goals for reasonable progress toward natural visibility conditions);

[[Page 52424]]

     IDAPA 58.01.01.667 Long-term strategy for regional haze 
(establishing long-term strategy requirements);
     IDAPA 58.01.01.675 Fuel burning equipment--particulate 
matter (establishing particulate matter standards for fuel burning 
equipment);
     IDAPA 58.01.01.676 Standards for new sources (setting 
particulate limits for new fuel burning equipment);
     IDAPA 58.01.01.677 Standards for minor and existing 
sources (setting particulate limits for minor and existing fuel burning 
equipment);
     IDAPA 58.01.01.678 Combinations of fuels (addressing 
particulate limits when two or more types of fuel are burned 
concurrently);
     IDAPA 58.01.01.679 Averaging period (establishing the 
appropriate averaging period for determining particulate emissions from 
fuel burning equipment);
     IDAPA 58.01.01.680 Altitude correction (addressing how to 
correct standard conditions for the altitude of a source);
     IDAPA 58.01.01.681 Test methods and procedures (setting 
the appropriate test method for measuring fuel burning particulate 
emissions);
     IDAPA 58.01.01.700 Particulate matter--process weight 
limitations (establishing particulate matter emission limitations for 
process equipment);
     IDAPA 58.01.01.701 Particulate matter--new equipment 
process weight limitations (listing emission standards for new process 
equipment);
     IDAPA 58.01.01.702 Particulate matter--existing equipment 
process weight limitations (listing emission standards for existing 
process equipment);
     IDAPA 58.01.01.703 Particulate matter--other processes 
(establishing process weight limitations for equipment used to 
dehydrate sugar beet pulp or alfalfa);
     IDAPA 58.01.01.725 Rules for sulfur content of fuels 
(establishing limits on the sulfur content of fuels);
     IDAPA 58.01.01.791 General control requirements 
(prohibiting owners and operators of rock crushers from injuring human 
health, welfare, property and other requirements);
     IDAPA 58.01.01.793 Emissions standards for nonmetallic 
mineral processing plants not subject to 40 CFR part 60, subpart OOO 
(requiring compliance with emissions and opacity standards);
     IDAPA 58.01.01.794 Permit requirements, except paragraph 
04 (setting rock crusher permit by rule eligibility);
     IDAPA 58.01.01.795 Permit by rule requirements 
(establishing rock crusher permit by rule requirements);
     IDAPA 58.01.01.796 Applicability (establishing permit by 
rule and permit applicability);
     IDAPA 58.01.01.797 Registration for permit by rule 
(identifying how to register for the rock crusher permit by rule);
     IDAPA 58.01.01.798 Electrical generators (listing the fuel 
and operation requirements for electrical generators used to provide 
power to rock crushers);
     IDAPA 58.01.01.815 Rules for control of kraft pulp mills 
(establishing emission standards and reporting requirements for 
recovery furnaces at kraft pulp mills); and
     IDAPA 58.01.01.818 Kraft pulp mill LVHC and HVLC gas 
venting notification and reporting (requiring excess emissions 
notification and reporting by subject sources).

B. Idaho Code for Approval and Incorporation by Reference

    Upon final action, the Idaho SIP at 40 CFR 52.670(c) will include 
the following provisions of Idaho statute, State effective July 1, 
2010:
     Idaho Code 39.103 Definitions, except (4), (5), (8), (9), 
(10), (12), (13), (14), (15), (16), (17), and (18).

C. IDAPA Provisions To Be Removed From Incorporation by Reference

    The EPA is also proposing to approve Idaho's request to remove from 
incorporation by reference in 40 CFR 52.670(c) the following 
regulations:
     IDAPA 58.01.01.004 Catchlines (stating that catchlines are 
not to be used to interpret regulations), State effective May 1, 1994;
     IDAPA 58.01.01.106 Abbreviations (spelling out the 
abbreviations used in the Idaho air quality regulations), State 
effective May 1, 1994;
     IDAPA 58.01.01.124 Truth, accuracy and completeness of 
documents (requiring documents submitted to the State to be true, 
accurate and complete), State effective May 1, 1994;
     IDAPA 58.01.01.127 Format of responses (requiring 
documents to be submitted to meet state-specified formatting 
requirements), State effective May 1, 1994;
     IDAPA 58.01.01.160 Provisions governing specific 
activities and conditions (regarding toxic air pollutants and 
polychlorinated biphenyls), State effective April 5, 2000;
     IDAPA 58.01.01.162 Modifying physical conditions 
(addressing conditions that affect the dispersion of pollutants), State 
effective May 1, 1994;
     IDAPA 58.01.01.163 Source density (addressing situations 
where a number of sources are located in proximity to each other), 
State effective May 1, 1994;
     IDAPA 58.01.01.212 Obligation to comply (requiring 
compliance with all applicable local, state and Federal statutes, 
rules, and regulations), State effective May 1, 1994;
     IDAPA 58.01.01.406 Obligation to comply (requiring 
compliance with all applicable local, state and Federal statutes, 
rules, and regulations), State effective May 1, 1994;
     IDAPA 58.01.01.515 Approval of field studies and fluid 
models (requiring EPA approval of field studies and fluid models), 
State effective May 1, 1994;
     IDAPA 58.01.01.516 No restrictions on actual stack height 
(addressing actual stack height), State effective May 1, 1994;
     IDAPA 58.01.01.551 Episode criteria (listing air quality 
episode criteria), State effective May 1, 1994;
     IDAPA 58.01.01.552 Stages (defining air quality episode 
stages), State effective March 15, 2002;
     IDAPA 58.01.01.553 Effects of stages (addressing the 
effects of reaching episode stages), State effective March 15, 2002;
     IDAPA 58.01.01.559 Manner and frequency of notification 
(addressing the manner and frequency of episode announcements), State 
effective May 1, 1994;
     IDAPA 58.01.01.560 Notification to sources (requiring 
significant sources be notified), State effective April 11, 2006;
     IDAPA 58.01.01.561 General rules (establishing the general 
control requirements for each episode stage), State effective April 11, 
2006;
     IDAPA 58.01.01.575 Air quality standards and area 
classification (establishing state ambient air quality standards), 
State effective April 11, 2006;
     IDAPA 58.01.01.576 General provisions for ambient air 
quality standards (addressing general standards), State effective May 
1, 1994;
     IDAPA 58.01.01.578 Designation of attainment, 
unclassifiable, and nonattainment areas (listing steps for state 
designation of areas), State effective May 1, 1994;
     IDAPA 58.01.01.610 Industrial flares (addressing 
industrial flares as open burning), State effective March 21, 2003;
     IDAPA 58.01.01.626 General restrictions on visible 
emissions from wigwam burners (setting opanci limits for wigwam 
burners), State effective April 5, 2000;
     IDAPA 58.01.01.668 BART requirements for regional haze

[[Page 52425]]

(outlining the process of establishing best available retrofit 
technology requirements for sources), State effective March 30, 2007;
     IDAPA 58.01.01.785 Rules for control of incinerators 
(establishing incinerator particulate matter limits), State effective 
May 1, 1994;
     IDAPA 58.01.01.786 Emission limits (limiting particulate 
matter emissions from incinerators), State effective April 5, 2000;
     IDAPA 58.01.01.787 Exceptions (exempting wigwam burners 
from incinerator emission limits), State effective March 23, 1998;
     IDAPA 58.01.01.805 Rules for control of hot mix asphalt 
plants (limiting particulate matter emissions from hot mix asphalt 
plants), State effective May 1, 1994;
     IDAPA 58.01.01.806 Emission limits (requiring compliance 
with the process weight rate limitations), State effective May 1, 1994;
     IDAPA 58.01.01.807 Multiple stacks (establishing that 
total emissions from all stacks are to be compared to the emission 
limit), State effective May 1, 1994; and
     IDAPA 58.01.01.808 Fugitive dust control (requiring 
fugitive dust control systems), State effective May 1, 1994.

V. 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 IV. 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).
    The EPA is also proposing to remove from incorporation by reference 
the provisions described in section IV. of this preamble.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
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, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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 Clean Air Act.
    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 proposed rule would not have Tribal implications 
and would not impose substantial direct costs on Tribal governments or 
preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submission; the Clean Air Act and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. The EPA did not perform an EJ analysis and did not 
consider EJ in this action. Due to the nature of the action being taken 
here, this action is expected to have a neutral to positive impact on 
the air quality of the affected area. Consideration of EJ is not 
required as part of this proposed action, and there is no information 
in the record inconsistent with the stated goal of Executive Order 
12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: June 13, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2024-13587 Filed 6-21-24; 8:45 am]
BILLING CODE 6560-50-P