[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Proposed Rules]
[Pages 508-510]
[FR Doc No: 2010-33281]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2007-0406; FRL-9247-9]

Approval and Promulgation of Implementation Plans; Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Idaho State
Implementation Plan (SIP) that were submitted to EPA by the State of
Idaho on April 16, 2007. This SIP submittal includes new and revised
rules which provide the Idaho Department of Environmental Quality
(IDEQ) the regulatory authority to address regional haze and to
implement Best Available Retrofit Technology (BART) requirements. The
rule revisions were submitted in accordance with the requirements of
section 110 and part D of the Clean Air Act (hereinafter the Act or
CAA). EPA is also taking action on several other visibility-related
rule revisions included in the submittal which are not specifically
related to regional haze or BART requirements. One revision related to
open burning is not being addressed in this action because it was
superseded by a subsequent SIP revision on May 28, 2008, which was
approved in a separate rulemaking on August 1, 2008. Other revisions
related to permitting are not being addressed in this action because
they were superseded by subsequent SIP revisions on May 12, 2008, and
June 8, 2009, which were approved in a separate rulemaking on November
26, 2010.

DATES: Comments must be received on or before February 4, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2007-0406, by any of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Steve Body, EPA Region 10, Office of Air, Waste and
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue,
Suite 900, Seattle WA, 98101. Attention: Steve Body, Office of Air,
Waste and Toxics, AWT-107. Such deliveries are only accepted during
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2007-0406. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure 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. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Seattle WA, 98101.

FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number: (206)
553-0782, e-mail address<EMAIL_ADDRESS>or the above EPA, Region
10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, we mean EPA. Information is organized as
follows:

Table of Contents

I. Purpose of Proposed Action
II. Background for Proposed Action
III. Idaho SIP Revisions and EPA's Proposed Action
    A. New and Revised Definitions
    B. Regional Haze (including BART) Provisions
    C. Other Visibility-Related Provisions
IV. Scope of Proposed Action
V. Statutory and Executive Order Reviews

I. Purpose of Proposed Action

    The purpose of this action is to propose approval of revisions to
Idaho's SIP that were submitted to EPA by the State of Idaho IDEQ on
April 16, 2007. The SIP submittals revise and amend IDEQ's Rules for
the Control of Air Pollution in Idaho (IDAPA 58.01.01) currently in the
Federally approved Idaho SIP (Code of Federal Regulations part 52,
subpart N). This action will update the Federally approved SIP to
reflect changes to IDAPA 58.01.01 that were made by IDEQ and reviewed
and deemed approvable into the SIP. The proposed SIP revisions are
explained in more detail below along with our evaluation of how these
rules comply with the requirements for SIPs and the basis for our
action.

II. Background for Proposed Action

    Title I of the CAA, as amended by Congress in 1990, specifies the
general requirements for states to submit SIPs to meet requirements of
the Act and EPA's actions regarding approval of those SIPs. With this
action we propose to approve the SIP submittal related to regional
haze, and specifically, BART. We are taking no action on some of the
provisions of the April 16, 2007, submittal because they were
superseded in a May 28, 2008, submittal which was subsequently approved
in a separate rulemaking on August 1, 2008. 73 FR 44915. We are also
proposing to take no action in this rulemaking on other SIP revisions
related to permitting because they were superseded by a May 12, 2008,
submittal which was subsequently approved in a separate rulemaking on
November 26, 2010. 75 FR 72719.

III. Idaho SIP Revisions and EPA's Proposed Action

A. New and Revised Definitions

    Idaho has made numerous revisions to its definition sections
(Section 006 General Definitions and Section 007 Definitions for the
Purposes of Sections 200 through 228 and 400 through 461). New
definitions have been added for the new regional haze provisions, some

existing definitions related to visibility permitting have been revised
for use in the regional haze provisions and relocated from Section 007
to Section 006, and numerous editorial changes have been made to
conform to renumbered definitions and correct internal cross-
references. Specifically:
New Definitions
    Idaho has added several new definitions for the purposes of the new
regional haze rules, specifically: Section 006.14 Bart-Eligible Source;
Section 006.16 Best Available Retrofit Technology (BART); Section
006.28 Deciview; Section 006.43 Federally Enforceable; Section 006.59
Least Impaired Days; Section 006.65 Most Impaired Days; Section 006.67
Natural Conditions; Section 006.91 Regional Haze; and Section 006.125
Visibility in Any Mandatory Class I Area. These new definitions are
consistent with the EPA definitions in 40 CFR 51.301. EPA proposes to
approve these new definitions.
Existing Definitions With Revisions
    The following currently-approved definitions have been revised,
renumbered, and/or relocated to make them consistent with the new
regional haze provisions: Section 006.04 Adverse Impact on Visibility
(moved from 007.01 to 006.04 and clarified how it relates to integral
vistas under 40 CFR 51.307); Section 006.41 Federal Class I Area
(removed cross reference to Section 580); Section 006.42 Federal Land
Manager (revised to make applicable only to Class I areas); Section
006.57 Integral Vista (moved from 007.07 to 006.57 and removed
reference to 40 CFR 51.304(a)); Section 006.61 Mandatory Class I
Federal Area (moved from 007.08 to 006.61 and replaced reference to 42
U.S.C. 7472(a) with a reference to 40 CFR 81.400 to 437); Section
006.81 Potential to Emit/Potential Emissions (removed language
regarding capacity factor); and Section 006.124 Visibility Impairment
(moved from 007.17 to 006.124 and added light extinction to the
parenthetical list of examples of impairment).
    Since Idaho has now adopted EPA's Prevention of Significant
Deterioration (PSD) rules by reference in Section 205, including the
definitions at 40 CFR 52.21(b), these definitions are no longer needed
for the purposes of Sections 200 through 228. The revised definitions
are consistent with the EPA definitions in 40 CFR 51.301. EPA proposes
to approve these revised definitions.
Renumbered Definitions and Definitions With Cross-Reference Changes
Only
    The following currently-approved definitions have been renumbered
and/or relocated without change or with changes only to internal cross-
references: Section 006.62 Member of the Public (cross-reference
correction); Section 006.63 Modification (cross-reference correction);
Section 006.92 Regulated Air Pollutant (cross-reference correction);
Section 006.99 Secondary Emissions (moved from 007.13 to 006.99
unchanged); Section 006.101 Significant (cross-reference correction);
and Section 007.02 Baseline Actual Emissions (renumbered from 007.03 to
007.02 and cross-references in paragraphs a.iv and d corrected).
    EPA proposes to approve the editorial changes to these existing
approved definitions.

B. Regional Haze (including BART) Provisions

    Idaho has adopted new sections 665 through 668 which provide the
State with the authority to address regional haze in accordance with
the requirements of the Act and EPA's regulations at 40 CFR 51.300
through 308. These include: Section 666 Reasonable Progress Goals,
which is consistent with 40 CFR 51.308(d)(1); Section 667 Long-Term
Strategy for Regional Haze, which is consistent with 40 CFR
51.308(d)(3); and Section 668 BART Requirement for Regional Haze, which
is consistent with 40 CFR 51.308(e). EPA proposes to approve these new
rules as providing authority for Idaho to adopt a regional haze plan.
EPA is proposing action on the Idaho regional haze plan in a separate
rulemaking.
    In addition, Idaho has incorporated several Federal rules
addressing visibility and Regional Haze at <IP_ADDRESS>.03(a)(ii), and
(c) Incorporation by Reference, specifically: 40 CFR part 51, subpart
P, 40 CFR part 51, Appendix Y, and 40 CFR 51.301, 51.304(a), 51.307,
and 51.308. This provision has been superseded by a more recent
submittal (June 8, 2009) which was approved by EPA in a separate
rulemaking on November 26, 2010. 75 FR 72719.

C. Other Visibility-Related Provisions

    Section 204 Permit Requirements for New Major Facilities or Major
Modifications in Nonattainment Areas: Idaho has revised subsection 02,
Additional Requirements, paragraph d. Effect on Visibility which is a
requirement of a permit applicant for a permit to satisfactorily
demonstrate to the IDEQ the effect on visibility of any Federal Class I
area or integral vista is consistent with making reasonable progress
toward the national visibility goal in 40 CFR 51.300(a). This provision
has been superseded by a more recent submittal (May 12, 2008) which was
approved by EPA in a separate rulemaking on November 26, 2010. 75 FR
72719.
    Section 205 Permit Requirements for New Major Facilities or Major
Modifications in Attainment or Unclassifiable Areas: Idaho has revised
subsection 02, Effects on Visibility. Effect on Visibility which is a
requirement of a permit applicant for a permit to satisfactorily
demonstrate to the IDEQ the effect on visibility of any Federal Class I
area or integral vista is consistent with making reasonable progress
toward the national visibility goal in 40 CFR 51.300(a). This provision
has been superseded by a more recent submittal (May 12, 2008) which was
approved by EPA in a separate rulemaking on November 26, 2010. 75 FR
72719.
    <IP_ADDRESS>0 Rules for Control of Open Burning: This revision adds
language to indicate that the purpose of the open burning rules
includes reducing the visibility impairment in mandatory Class I
Federal Areas in accordance with the regional haze long-term strategy.
This provision has been superseded by a subsequent revision and was
addressed in a separate action. See 73 FR 44915 (August 1, 2008).
    <IP_ADDRESS>1 General Rules [for Control of Fugitive Dust]: This
revision adds language requiring that proximity to a Class I area be
considered when determining when reasonable precautions must be taken
to prevent particulate matter from becoming airborne. We propose to
approve this requirement as a SIP-strengthening rule change. This
revision will allow Idaho to further control sources of fugitive dust
when those sources impact air quality, including visibility, in Class I
areas.

IV. Scope of Proposed Action

    Idaho has not demonstrated authority to implement and enforce IDAPA
chapter 58 within ``Indian Country'' as defined in 18 U.S.C. 1151.\1\
Therefore,

EPA proposes that this SIP approval not extend to ``Indian Country'' in
Idaho. See CAA sections 110(a)(2)(A) (SIP shall include enforceable
emission limits), 110(a)(2)(E)(i) (State must have adequate authority
under State law to carry out SIP), and 172(c)(6) (nonattainment SIPs
shall include enforceable emission limits). This is consistent with
EPA's previous approval of Idaho's SIP revisions, in which EPA
specifically disapproved the program for sources within Indian
Reservations in Idaho because the State had not shown it had authority
to regulate such sources. See 40 CFR 52.683(b). It is also consistent
with EPA's approval of Idaho's title V air operating permits program.
See 61 FR 64622, 64623 (December 6, 1996) (interim approval does not
extend to Indian Country); 66 FR 50574, 50575 (October 4, 2001) (full
approval does not extend to Indian Country).
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    \1\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1)
All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through
the reservation, (2) all dependent Indian communities within the
borders of the United States, whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a State, and (3) all Indian allotments, the
Indian titles to which have not been extinguished, including rights-
of-way running through the same. Under this definition, EPA treats
as reservations trust lands validly set aside for the use of a Tribe
even if the trust lands have not been formally designated as a
reservation. In Idaho, Indian country includes, but is not limited
to, the Coeur d'Alene Reservation, the Duck Valley Reservation, the
Reservation of the Kootenai Tribe, the Fort Hall Indian Reservation,
and the Nez Perce Reservation as described in the 1863 Nez Perce
Treaty.
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V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Order
12866 (58 FR 51735, October 4, 1993);
     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 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: December 22, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010-33281 Filed 1-4-11; 8:45 am]
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