[Federal Register: March 18, 2010 (Volume 75, Number 52)]
[Proposed Rules]
[Page 13058-13066]
[DOCID:fr18mr10-25]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2008-0482; FRL-9128-3]

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 numerous revisions to the Idaho
State Implementation Plan (SIP) that were submitted to EPA by the State
of Idaho

on May 22, 2003, April 2, 2004, July 13, 2005, May 5, 2006, April 16,
2007, May 12, 2008, and June 8, 2009. The 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 taking no action in this
rulemaking on a number of submitted rule revisions that are unrelated
to the purposes of the implementation plan.

DATES: Comments must be received on or before April 19, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2008-0482, by any of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Donna Deneen, 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: Donna Deneen, 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-
2008-0482. 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: Donna Deneen at telephone number:
(206) 553-6706, 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
    A. Annual Incorporation by Reference (IBR) of Federal
Regulations
    B. New Source Review (NSR) Regulations
    C. Permit To Construct Exemptions
    D. Permitting Fees
    E. Soil Vapor Extraction
    F. Hospital/Medical/Infectious Waste Incinerators
    G. Permit Clarifications
    H. Title V Operating Permit Fees
    I. Regulated Air Pollutants
    J. Procedure for Transfer of Permits To Construct and Tier II
Operating Permits
    K. Mercury
    L. Sulfur Content of Fuels
IV. EPA's Proposed Action
    A. Rules To Approve Into SIP
    B. Rules on Which No Action Is Taken
    C. 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 multiple
revisions to Idaho's SIP that were submitted to EPA by the State of
Idaho Department of Environmental Quality (IDEQ) on May 22, 2003, April
2, 2004, July 13, 2005, May 5, 2006, April 16, 2007, May 12, 2008 and
June 8, 2009. 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 attain and/or
maintain the National Ambient Air Quality Standards (NAAQS) and EPA's
actions regarding approval of those SIPs. With this action we are
proposing approval of multiple SIP submittals and further background
for each one is provided in the section below. We are taking no action
on some of the provisions in some submittals because they are not
related to the criteria pollutants regulated under title I of the Act
or the requirements for SIPs under section 110 of the Act.

III. Idaho SIP Revisions

    Table 1 includes a list of each SIP submittal including the
submittal date, title and sections of IDAPA 58.01.01 that are revised.
The paragraphs that follow Table 1 include further information for each
SIP submittal including a summary of the submittal with relevant
background information and analysis to support our action.

          Table 1--IDEQ SIP Submittals Addressed In This Action
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                                                     Sections of IDAPA
     Date of submittal         Title (with IDEQ     58.01.01 revised or
                                 Docket No.)              amended
------------------------------------------------------------------------
05/22/2003 \1\............  Soil Vapor Extraction  <IP_ADDRESS>.
                             (58-0101-0102).
                            2001 IBR of Federal    <IP_ADDRESS> and 107.
                             Regulations (58-0101-
                             0103).
                            Hospital/Medical/      <IP_ADDRESS>1.
                             Infectious Waste
                             Incinerators (58-
                             0101-0103).

                            Permit Clarification   <IP_ADDRESS>, 213,
                             (58-0101-0202).        228, 313, 317, 395,
                                                    410, 511, 581, 700
                                                    and 710-724.
                            2002 IBR of Federal    <IP_ADDRESS> and 107.
                             Regulations (58-0101-
                             0202).
                            Permitting Fees (58-   <IP_ADDRESS>.006, 007,
                             0101-0104).            200-202, 209, 224-
                                                    228, 400-402, 404,
                                                    407-410, 470, 800-
                                                    802.
                            Title V Operating      <IP_ADDRESS>7-399.
                             Permit Fees (58-0101-
                             0203).
04/02/2004................  2003 IBR of Federal    <IP_ADDRESS> and 107.
                             Regulations (58-0101-
                             0301).
07/13/2005................  New Source Review (58- <IP_ADDRESS>, 200,
                             0101-0304).            202, 204, 205, 206,
                                                    209, 225 and 401.
                            Permit to Construct    <IP_ADDRESS> and 222.
                             Exemptions (58-0101-
                             0401).
                            2004 IBR of Federal    <IP_ADDRESS>, 107,
                             Regulations (58-0101-  200, 204 and 205.
                             0402).
05/05/2006 \2\............  Regulated Air          <IP_ADDRESS>-008, 133-
                             Pollutants (58-0101-   135, 155, 213, 220,
                             0503).                 440-442, 460, 511-
                                                    513, 560-561, 575,
                                                    581, and 679.
                            2005 IBR of Federal    <IP_ADDRESS>, 107,
                             Regulations (58-0101-  200, 204 and 205.
                             0505).
                            Procedure for          <IP_ADDRESS>, 007,
                             Transfer of Permit     209, and 404.
                             to Construct and
                             Tier II permits (58-
                             0101-0506).
                            Permit to Construct    <IP_ADDRESS>.
                             Exemptions (58-0101-
                             0507).
04/16/2007................  2006 IBR of Federal    <IP_ADDRESS>, 107,
                             Regulations (58-0101-  200, 204, 205.
                             0602).
                            Mercury (58-0101-      <IP_ADDRESS>.
                             0603).
05/12/2008................  2007 IBR of Federal    <IP_ADDRESS>, 107,
                             Regulations (58-0101-  200, 204, 205.
                             0701).
06/08/2009 \1\............  Sulfur Content of      <IP_ADDRESS>5.
                             Fuels (58-0101-0703).
                            2008 IBR of Federal    <IP_ADDRESS> and 107.
                             Rules (58-0101-0802).
------------------------------------------------------------------------
\1\ The May 22, 2003 and June 8k 2009 SIP submittals included IDEQ SIP
  revisions for the control of nonmetallic mineral processing plants
  (IDEQ Docket 58-0101-0002 and a portion of Docket 58-0101-0002), which
  will be acted on in a separate action.
\2\ The May 6, 2006 submittal included IDEQ's SIP revision for the
  facility emissions cap (IDEQ Docket 58-0101-0508) which will be acted
  on in a separate action.

A. Annual Incorporation by Reference (IBR) of Federal Regulations

    IDAPA 58.01.01 incorporates by reference various portions of
Federal regulations codified in the Code of Federal Regulations (CFR).
However, when a Federal regulation originally incorporated by reference
into IDAPA 58.01.01 on a specific date is subsequently changed, IDAPA
58.01.01 becomes out of date and, in some cases, inconsistent with the
revised version of the Federal regulation. To avoid potential
inconsistencies and keep IDAPA 58.01.01 up to date with changes in
Federal regulations, IDEQ submits a revision to its SIP on an annual
basis updating the IBR citations in IDAPA 58.01.01 so they reflect any
changes made to the Federal regulations during that year.
    Annual Incorporation of Federal Regulations by Reference SIPs for
the years 2001 through 2008 were submitted to EPA on May 22, 2003,
April 2, 2004, July 13, 2005, May 5, 2006, April 16, 2007, May 12, 2008
and June 8, 2009, respectively. Because the most recent annual IBR
submittals of May 12, 2008 (including the 2007 Annual IBR) and June 8,
2009 (including the 2008 Annual IBR) supersede the Annual IBR updates
for 2001 through 2006, they are the most recent and only versions of
certain sections of IDAPA 58.01.01 that need to be incorporated into
the SIP. The 2007 Annual IBR changed the way Federal regulations are
incorporated by reference into IDAPA <IP_ADDRESS>, 204 and 205.
Specifically, rather than listing the IBR of Federal regulations in
each of these three sections, IDAPA <IP_ADDRESS>, 204 and 205 now
include language stating that the applicable Federal regulations are
incorporated by reference into the rules at section 107. This revision
simplifies future annual IBR updates by minimizing the sections of
IDAPA 58.01.01 that need to be revised each year. The 2008 Annual IBR
includes the most recent revisions to IDAPA <IP_ADDRESS> incorporating
Federal regulations updated as of July 1, 2008.
    The 2007 Annual IBR was subject to a public hearing on September 6,
2007, adopted by the Board of Environmental Quality on October 10,
2007, and became effective on April 2, 2008. The revisions to IDAPA
<IP_ADDRESS>, 204 and 205 with the effective date of April 2, 2008 are
proposed for incorporation into the SIP. The 2008 Annual IBR was
subject to a public hearing on September 9, 2008, adopted by the Board
of Environmental Quality on October 9, 2008, and became effective on
May 8, 2009. The revisions to IDAPA <IP_ADDRESS> with an effective date
of May 8, 2009 are proposed to be approved into the SIP with the
exception of subsections 107.03 (g) through (n) and (p) which are not
related to the criteria pollutants regulated under title I of the Act
or the requirements for SIPs under section 110 of the Act (see prior
discussion in 67 FR 52666). Similarly, the revisions to IDAPA
<IP_ADDRESS> are not being acted on since they are related to Idaho's
Tier I Operating Permit Program required under title V of the Act and
are not part of the SIP.

B. New Source Review (NSR) Regulations

    Parts C and D of title I of the CAA, 42 U.S.C. 7470-7515, set forth
preconstruction review and permitting programs applicable to new and
modified stationary sources of air pollutants regulated under the CAA,
known as ``major New Source Review'' or ``major NSR.'' The major NSR
programs of the CAA include a combination of air quality planning and
air pollution control technology program requirements. States adopt
major NSR programs as part of their SIP. Part C is the ``Prevention of
Significant Deterioration'' or ``PSD'' program, which applies in areas
that meet the NAAQS (i.e., ``attainment'' areas) as well as in areas
for which there is insufficient information to determine whether the
area meets the NAAQS (i.e., ``unclassifiable'' areas). Part D is the
``Nonattainment New Source Review'' or the ``NNSR'' program, which
applies in areas that are not in attainment of the NAAQS (i.e.,
``nonattainment areas''). EPA regulations implementing these programs
are contained in 40 CFR 51.165, 51.166, 52.21, 52.24, and part 51,
appendix S.
    On December 31, 2002, EPA published final rule changes to the PSD
and NNSR programs (67 FR 80186) and on November 7, 2003, EPA published
a

notice of final action on the reconsideration of the December 31, 2002
final rule changes (68 FR 63021). In the November 7, 2003 final action,
EPA added the definition of ``replacement unit,'' and clarified an
issue regarding plantwide applicability limitations (PALs). The
December 31, 2002 and the November 7, 2003 final actions, are
collectively referred to as the ``2002 NSR Reform Rules.''
    The 2002 NSR Reform Rules made changes to five areas of the major
NSR programs. In summary, the 2002 Rules: (1) Provide a new method for
determining baseline actual emissions; (2) adopt an actual-to-
projected-actual methodology for determining whether a major
modification has occurred; (3) allow major stationary sources to comply
with PALs to avoid having a significant emissions increase that
triggers the requirements of the major NSR program; (4) provide a new
applicability provision for emissions units that are designated clean
units; and (5) exclude pollution control projects (PCPs) from the
definition of ``physical change or change in the method of operation.''
    After the 2002 NSR Reform Rules were finalized and effective (March
3, 2003), various petitioners challenged numerous aspects of the 2002
NSR Reform Rules, along with portions of EPA's 1980 NSR Rules (45 FR
5276, August 7, 1980). On June 24, 2005, the DC Circuit Court issued a
decision on the challenges to the 2002 NSR Reform Rules. See New York
v. United States, 413 F.3d 3 (DC Cir. 2005). In summary, the DC Circuit
Court vacated portions of the 2002 NSR Reform Rules pertaining to clean
units and PCPs, remanded a portion of the rules regarding recordkeeping
(40 CFR 52.21(r)(6) and 40 CFR 51.166(r)(6)), and either upheld or did
not comment on the other provisions included as part of the 2002 NSR
Reform Rules. On June 13, 2007 (72 FR 32526), EPA took final action to
revise the 2002 NSR Reform Rules to remove from Federal law all
provisions pertaining to clean units and the PCP exemption that were
vacated by the DC Circuit Court.
    With regard to the remanded portions of the 2002 NSR Reform Rules
related to recordkeeping, on December 21, 2007, EPA took final action
to establish that a ``reasonable possibility'' applies where source
emissions equal or exceed 50 percent of the CAA NSR significance levels
for any pollutant (72 FR 72607). The ``reasonable possibility''
provision identifies for sources and reviewing authorities the
circumstances under which a major stationary source undergoing a
modification that does not trigger major NSR must keep records.
    The 2002 NSR Reform Rules require that State agencies adopt and
submit revisions to their SIP permitting programs implementing the
minimum program elements of the 2002 NSR Reform Rules no later than
January 2, 2006. On July 13, 2005, IDEQ submitted revisions to its NSR
rules to incorporate EPA's NSR reform provisions. Specifically, IDAPA
<IP_ADDRESS>, 200, 202, 204, 205, 206, 209, 225 and 401 were revised to
incorporate EPA's major NSR reform measures into the existing rules.
The revisions were subject to a public hearing on June 8, 2004, adopted
by the Board of Environmental Quality on October 20, 2004, and became
effective in Idaho on April 6, 2005. Idaho developed these latest
revisions by comparing the Federal major NSR regulations in 40 CFR
parts 51 and 52 to the existing State rules. The primary sections
revised include IDAPA <IP_ADDRESS> and 205. Rather than delineate the
entire Federal major NSR rules, Idaho chose to incorporate by reference
the appropriate NSR reform portions of the Federal program requirements
maintaining the remainder of its previously approved NSR rules not
affected by the NSR reform. As noted in section III.A above, IDEQ
submits an annual update to its rules that IBR Federal regulations,
thus keeping the State's rules up to date with changes in the Federal
rules.
    For a discussion of our approval of IDEQ's NSR rules not changed by
IDEQ's NSR Reform SIP revision, see EPA's January 16, 2003 approval of
IDEQ's NSR rules (68 FR 2217). A discussion of IDEQ's July 13, 2005 SIP
revisions to IDAPA <IP_ADDRESS>, 200, 202, 204, 205, 206, 209, 225 to
meet the specific requirements of NSR reform measures follows. IDAPA
<IP_ADDRESS> General Definitions, was revised to remove definitions for
Major Facility and Major Modification from the General Definitions and
IDAPA <IP_ADDRESS> Procedures and Requirements for Permits to
Construct, was revised to specify that a Major Facility is a Major
Stationary Source as defined in 40 CFR 52.21(b) and a Major
Modification is a Major Modification as defined in 40 CFR 52.21(b).
IDAPA <IP_ADDRESS> Application Procedures, was revised to remove the
exceptions for Major Facilities and Major Modifications consistent with
the definitional changes in <IP_ADDRESS>. IDAPA <IP_ADDRESS> Permit
Requirements for New Major Facilities or Major Modifications in
Nonattainment Areas, was revised to expressly state the intent of the
rule is to incorporate the Federal nonattainment NSR rule requirements
and includes a table of the sections of 40 CFR 51.165 and 52.21, as
revised through November 7, 2003 \1\ that are incorporated by reference
including \2\: 40 CFR 51.165(a)(1) regarding definitions; 40 CFR
51.165(a)(2)(ii) through 51.165(a)(3) regarding applicability \3\; 40
CFR 51.165(a)(6)(i)-(iv) regarding applicability; and 40 CFR 52.21(aa)
regarding Actual PALs, which meets the provisions of 51.165(f). IDAPA
<IP_ADDRESS> Permit Requirements for New Major Facilities or Major
Modifications in Attainment or Unclassifiable Areas, was revised to
expressly state that the intent of the rule is to incorporate the
Federal PSD rule requirements and includes a table of the sections of
40 CFR 52.21, as revised through November 7, 2003 \4\ that are
incorporated by reference including \5\:

40 CFR 52.21(a)(2) Applicability Procedures; 40 CFR 52.21(b)
Definitions; 40 CFR 52.21(i) Exemptions; 40 CFR 52.21(j) Control
Technology Review; 40 CFR 52.21(k) Source Impact Analysis; 40 CFR
52.21(r) Source Obligation; 40 CFR 52.21(v) Innovative Control
Technology; 40 CFR 52.21(w) Permit Rescission; and 40 CFR 52.21(aa)
Actuals PALs. IDAPA <IP_ADDRESS>.02 specifies, where appropriate, those
section of incorporated 40 CFR 52.21 where the use of the word
``Administrator'' means the ``Department'' and IDAPA <IP_ADDRESS>.03
specifies existing requirements for non-major sources that are exempted
or excluded from 40 CFR 52.21. IDAPA <IP_ADDRESS> Optional Offsets for
Permits to Construct, was revised to change cross-references to
subsections for consistency with the above changes. IDAPA <IP_ADDRESS>
Procedures for Issuing Permits, was revised to remove the exceptions
for Major Facilities and Major Modifications consistent with the
definitional changes in IDAPA <IP_ADDRESS>. IDAPA <IP_ADDRESS> Permit
to Construct Processing Fee, was revised for consistency with
definitional changes in IDAPA <IP_ADDRESS>. And IDAPA <IP_ADDRESS>1 Tier
II Operating Permit, was revised for consistency with changes to IDAPA
<IP_ADDRESS>.
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    \1\ IDEQ annually submits updates to its IBR of Federal rules.
Subsequent to the July 13, 2005 SIP revisions, annual IBR updates
have occurred as outlined in section III.A, making Idaho's rules
consistent with the changes that have occurred in the Federal rules
though July 2007.
    \2\ The July 13, 2006 submittal also incorporated by reference
40 CFR 165(c) regarding Clean Unit Test for Emission Units that are
Subject to LAER (Lowest Achievable Emissions Rate), 40 CFR 165(d)
regarding Clean Unit Provisions for Emission Units that Achieve an
Emission Limitation Comparable to LAER and 40 CFR 52.21(z)(1)-(3)
and (5) regarding PCP Exclusion Procedural Requirements. However, on
July 24, 2006, IDEQ amended the July 13, 2005 SIP revision
requesting that EPA not act on the clean unit and PCP provisions
since these provisions were being removed from the State rule
consistent with the vacature of these provisions from the Federal
rule.
    \3\ Note this IBR citation was incorrectly cited in the SIP
revision submitted to EPA on July 13, 2005, and IDEQ has confirmed
that that reference was intended to incorporate by reference 40 CFR
51.165(a)(2)(ii)(A) through 51.165(a)(3)(ii)(J). Section
51.165(a)(2)(ii) includes sub-paragraphs (A) through (F) and state
plans must also include the provisions in 165(a)(3)(i) and (ii) (A)
through (J). On September 15, 2008, IDEQ submitted a letter to EPA
stating that the reference in IDAPA <IP_ADDRESS> to 40 CFR
51.165(a)(2)(ii)(A)-(J) in IDEQ's original submittal was in error
and had been administratively corrected to incorporate by reference
40 CFR 51.165(a)(2)(ii) through 51.165(a)(3).
    \4\ IDEQ annually submits updates to its IBR of Federal rules.
Subsequent to the July 13, 2005 SIP revisions, annual IBR updates
have occurred as outlined in section III.A above making Idaho's
rules consistent with the changes that have occurred in the Federal
rules through July 2007.
    \5\ The July 13, 2006 submittal also incorporated by reference
40 CFR 52.21(x) Clean Unit Test for Emissions Units that are Subject
to Best Available Control Technology (BACT) or LAER, 40 CFR 52.21(y)
Clean Unit Provisions for Emissions Units that Achieve an Emission
Limitation Comparable to BACT and 40 CFR 52.21(z)(1)-(3) and (6) PCP
Exclusion Procedural Requirements. However, on July 24, 2006 IDEQ
amended the July 13, 2005 SIP revision by requesting that EPA not
act on the clean unit and PCP provisions since these provisions were
being removed from the State rule consistent with the vacature of
these provisions from the Federal rule.
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    Idaho's major NSR SIP submission meets the EPA NSR reform
requirements for SIP-approved NSR programs in 40 CFR 51.165 and 166 and
40 CFR 52.21. The revised rules address baseline actual emissions,
actual-to-projected actual applicability tests, PALs, and other
currently applicable provisions of EPA's 2002 NSR Reform Rules. In
fact, the majority of the Federal NSR Reform provisions in 40 CFR
51.165 and 52.21 are incorporated by reference directly into Idaho
regulations and, as noted in section III.A above, IDEQ annually updates
its IBR of Federal rules to keep the State's rules consistent with
changes to the Federal NSR rules and the most recent IBR update
revision includes citations to Federal NSR regulations revised as of
July 1, 2007 with a State effective date of April 2, 2008.

C. Permit To Construct Exemptions

    EPA last approved revisions to Idaho's Permit to Construct \6\
Exemptions on January 16, 2003 (68 FR 2217) and we provided a detailed
discussion of our analysis in the August 13, 2002 Proposed Rule (67 FR
52666). In brief, when we approved IDEQ's minor NSR exemption
provisions in IDAPA <IP_ADDRESS> through 222, we noted that we based
our approval on our determination that the emission levels and source
categories specified in the rules are appropriately exempted from minor
NSR. While IDAPA <IP_ADDRESS>.01.a.iii included additional provisions
that required modeling the impact of a source's uncontrolled potential
to emit to be exempt from minor NSR permitting in Idaho, we
specifically noted that our approval was not based on the requirement
for modeling since such modeling is part of the permitting process
itself and, therefore, not typically included as criteria a source must
meet to qualify for an exemption from the permitting process. Our
August 13, 2002 Proposed Rule (67 FR 52666) and January 16, 2003 Final
Rule (68 FR 2217) also noted that the ``director's discretion''
provisions in IDAPA <IP_ADDRESS>.03 and 222.01.f do not meet the
requirements of section 110 of the CAA and, therefore, we did not
approve these provision into the SIP.
---------------------------------------------------------------------------

    \6\ NSR permits are referred to as ``permits to construct'' or
``PTC''s in Idaho.
---------------------------------------------------------------------------

    In response to our actions in the prior rulemaking (67 FR 52666 and
68 FR 2217) discussed above, IDEQ removed the modeling requirements
from IDAPA <IP_ADDRESS> and the ``director's discretion'' provisions
from IDAPA <IP_ADDRESS> and submitted two separate SIP revisions to its
Permit to Construct Exemption Rules IDAPA <IP_ADDRESS> and 222 for
approval into the SIP on July 13, 2005 and May 5, 2006. The July 13,
2005 revisions were subject to a public hearing on October 4, 2004,
adopted by the Board of Environmental Quality on November 18, 2004, and
became effective on April 6, 2005. The May 5, 2006 revisions were
subject to a public hearing on October 11, 2005, adopted by the Board
of Environmental Quality on November 17, 2005, and became effective on
April 11, 2006.
    The July 13, 2005 and May 5, 2006 SIP submittals revised IDAPA
<IP_ADDRESS> to strike-out the modeling provisions included in IDAPA
<IP_ADDRESS>.01.a.iii and revised <IP_ADDRESS> to strike out the
``director's discretion'' provisions in IDAPA <IP_ADDRESS>.01.f and
222.03. IDEQ's May 5, 2006 SIP also revised <IP_ADDRESS>.1.d to change
the criteria for internal combustion engines operating for emergency
purposes from operating for less than 200 hours to operating less than
500 hours and revised IDAPA <IP_ADDRESS>.2.c to add biogas as an
allowable fuel for fuel-burning equipment with capacity less than 50
million BTU per hour used for indirect heating and heating or reheating
furnaces, providing that the hydrogen sulfide concentration is below
200 parts per million by volume. In addition, three new paragraphs were
added to exempt additional sources. IDAPA <IP_ADDRESS>.2.i exempts
multiple chamber crematories providing they use natural gas
exclusively, have a maximum average charge capacity of 200 pounds of
remains per hour and minimum secondary combustion chamber temperature
of 1500 degrees Fahrenheit; IDAPA <IP_ADDRESS>.2.j exempts petroleum
environmental remediation source by vapor extraction providing the
operation life is less than five years and the short term adjustment
factor for air toxics (IDAPA <IP_ADDRESS>.15) is not used if source is
within 500 feet of a sensitive receptor; and IDAPA <IP_ADDRESS>.2.k
exempts dry cleaning facilities providing they are not major under, but
are subject to, 40 CFR part 63 subpart M.
    IDEQ's July 13, 2005 and May 5, 2006 rule revisions address the
``directors discretion'' and modeling issues previously raised by EPA
(67 FR 52666, 68 FR 2217) and are proposed to be approved into the SIP.
IDEQ's May 5, 2006 revisions expanding the Permit to Construct
Exemptions for certain sources are also proposed to be approved into
the SIP.
    It is important to note that in order for any source to qualify for
a source-category exemption under IDAPA <IP_ADDRESS>, it must first
satisfy the criteria set forth in IDAPA <IP_ADDRESS> which includes the
general exemption criteria for permits to construct, further limiting
the scope of IDEQ's source-category exemptions. IDAPA <IP_ADDRESS>.01.a
requires that the maximum capacity of a source to emit an air pollutant
under its physical and operational design without consideration of
limitations on emission such as air pollution control equipment,
restrictions on hours of operation and restrictions on the type and
amount of material combusted, stored or processed would not equal or
exceed one hundred (100) tons per year of any regulated air pollutant
and would not cause an increase in the emissions of a major facility
that equals or exceeds the significant emissions rates. In addition,
IDEQ retains the legal authority pursuant to IDAPA <IP_ADDRESS>1.03 to
require a source to obtain an air quality permit to ensure compliance
with applicable rules, including the NAAQS.

D. Permitting Fees

    On May 22, 2003 IDEQ, submitted revisions to IDAPA <IP_ADDRESS>
through 228, 407 through 410, 470 and 800 through 802 revising its
regulations pertaining to permit fees associated with

IDEQ's Permit to Construct and Tier I and II Operating Permits
programs. The revisions were subject to a public hearing on October 9,
2001, adopted by the Board of Environmental Quality on November 8,
2001, and became effective on July 1, 2002. While IDEQ submitted the
permit fee rules to EPA, it specifically noted the revisions that
establish or revise permitting fees were only included in the SIP
submittal for informational purposes and that IDEQ did not intend that
EPA include the fee related rules into the SIP. We are proposing to
take no action on IDAPA <IP_ADDRESS>-228, 408-410 and 800-802 which
deal with the collection of various fees associated with IDEQ's Permit
to Construct and Tier I and II Operating Permits. The Tier I permits
are not related to the criteria pollutants regulated under title I of
the CAA or to the requirements for SIPs under section 110 of the Act.
While the fee provisions associated with Permits to Construct and Tier
II permits are related to criteria pollutant programs under title I of
the Act, IDEQ has requested that these provisions not be included in
the SIP because of the frequency of revisions to the fee rules.
    IDEQ's May 22, 2003 SIP submittal included minor editorial changes
IDAPA <IP_ADDRESS>, 007, 200-202, 209, 400-402 and 404, that were made
concurrent with the revisions to the fee rules. We reviewed the
editorial changes to IDAPA <IP_ADDRESS>, 007, 200-202, 209, 400-402 and
404 and found them to be appropriate and we propose to approve them
into the SIP to update the SIP which includes previously approved
versions of these rules. In addition, the revision to IDAPA
<IP_ADDRESS>0 strikes the existing fee language making IDAPA
<IP_ADDRESS>0 a reserved paragraph and we propose to approve this change
in the SIP.

E. Soil Vapor Extraction

    On May 22, 2003 IDEQ submitted revisions to IDAPA <IP_ADDRESS> to
add paragraph 16.c, which allows IDEQ to waive the requirements of
IDAPA <IP_ADDRESS>3 for any environmental remediation source that
functions to remediate or recover any release, spill, leak, discharge
or disposal of any petroleum product. The revisions were subject to a
public hearing on February 6, 2001, adopted by the Board of
Environmental Quality on October 18, 2001, and became effective on
March 15, 2002. This portion of the May 22, 2003 SIP submittal deals
with IDEQ's air toxic regulations and is not currently in the Idaho
SIP. Because this regulation does not relate to the criteria pollutants
regulated under title I of the CAA or to the requirements for SIPs
under section 110 of the Act, EPA is proposing to take no action on
this provision.

F. Hospital/Medical/Infectious Waste Incinerators

    On May 22, 2003 IDEQ submitted revisions to IDAPA <IP_ADDRESS>1,
Standards of Performance of Hospital/Medical/Infectious Waste
Incinerators, to clarify that owners or operators of hospital/medical/
infectious waste incinerators subject to IDAPA <IP_ADDRESS>1 must comply
with the provisions of section 39-128. The revisions were subject to a
public hearing on August 8, 2001, adopted by the Board of Environmental
Quality on October 18, 2001, and became effective on March 15, 2002.
Although this portion of the May 22, 2003 SIP submittal rule is an
important part of IDEQ's overall air program, IDAPA <IP_ADDRESS>1 is not
currently in the Idaho SIP and is not related to requirements for SIPs
under section 110 of the Act. Therefore, EPA is not taking any action
on these provisions.

G. Permit Clarifications

    On May 22, 2003 IDEQ submitted its Permit Clarification SIP
submittal including revisions to IDAPA <IP_ADDRESS>, 213, 228, 313,
317, 395, 410, 511, 581, 700, and 710-724 to update and clarify the
rules. The revisions were subject to a public hearing on October 8,
2002, adopted by the Board of Environmental Quality on November 13,
2002, and became effective on May 3, 2003. The revisions to IDAPA
<IP_ADDRESS>.01.c, 700.01 and 710-724 reversed earlier revisions IDEQ
made to these particulate matter process weight limitations in response
to EPA's determination that the earlier revisions were less stringent
than those currently in the SIP. In effect, the revisions to IDAPA
<IP_ADDRESS>.01.c, 701.01 and 710-724 change the regulatory language in
these rules back to reflect the existing language in the SIP approved
rules. To maintain consistency between the federally approved rules and
State rules, specifically regarding the State rule effective dates,
IDAPA <IP_ADDRESS>0 with a State effective date of May 3, 2003 is
proposed to be approved into the SIP. The revisions to IDAPA
<IP_ADDRESS>3 and 317 revise the Tier I operating permit rules and the
revisions to IDAPA <IP_ADDRESS>, 395 and 410 revise the timeframes,
from 30 to 35 days, for appealing fees associated with Permits to
Construct and Tier I and II Operating Permits. We are proposing to take
no action on IDAPA <IP_ADDRESS>3, 317, 228, 395, and 410 as these rules
deal with IDEQ's Tier I operating permit program and the collection of
various fees associated with IDEQ's Permit to Construct and Tier I and
II Operating Permits. As noted in III.D above, the Tier I permits are
not related to the criteria pollutants regulated under title I of the
CAA or to the requirements for SIPs under section 110 of the Act and,
while the fee provisions associated with Permits to Construct and Tier
II permits are related to criteria pollutant programs under title I of
the Act, IDEQ has requested that these fee provisions not be included
in the SIP because of the frequency of revisions to the fee rules.
    IDEQ's May 22, 2003 Permit Clarification SIP submittal also
included editorial revisions to IDAPA <IP_ADDRESS> and 511 and 581 for
clarification and to correct cross-referencing section numbers. We
reviewed the editorial changes to IDAPA <IP_ADDRESS> and 511 and 581,
found them to be appropriate and propose to approve these revisions
with the State effective date of May 3, 2003 into the SIP, thereby
updating the SIP to reflect the revised State rules.

H. Title V Operating Permit Fees

    On May 22, 2003, IDEQ submitted its title V Operating Permit Fees
SIP including revisions to IDAPA <IP_ADDRESS>7-399. The revisions were
subject to a public hearing on October 8, 2002, adopted by the Board of
Environmental Quality on November 13, 2002, and became effective on
April 2, 2003. In its submittal IDEQ clarified that it was submitting
these rule revisions to EPA for informational purposes only and it did
not intend to have the title V Operating Permit Fee rules incorporated
into the SIP. We are proposing to take no action on IDAPA <IP_ADDRESS>7-
399 as these rules deal with IDEQ's Tier I operating permit program and
the collection of various fees associated with IDEQ's Tier I Operating
Permits. The IDEQ's Tier I permit program is the operating permit
program required under title V of the Act and is not part of the
criteria pollutants regulated under title I of the CAA or the
requirements for SIPs under section 110 of the Act.

I. Regulated Air Pollutants

    On May 5, 2006 IDEQ submitted revisions to IDAPA <IP_ADDRESS>-008,
133-135, 155, 213, 220, 440-442, 460, 511-513, 560-561, 575, 581, and
679 to incorporate a new definition for ``regulated air pollutant'' to
be consistent with Federal requirements with respect to the treatment
of fugitive emissions in determining applicability for operating
permits and permits to construct. The revisions were subject to a
public

hearing on September 7, 2005, adopted by the Board of Environmental
Quality on November 17, 2005, and became effective on April 11, 2006. A
separate public hearing was held on December 5, 2005, regarding changes
to Idaho Code 39-115 that were part of the SIP revision containing the
regulatory changes to IDAPA 58.01.01. The specific regulatory changes
that EPA is proposing to approve into the SIP are discussed below.
    IDAPA <IP_ADDRESS> was revised to modify the definition of
``regulated air pollutant'' to be consistent with Federal rules and to
modify the definition of ``modification'' by adding language stating
that ``fugitive emissions shall not be considered in determining
whether a permit is required for a modification unless required by
federal law.'' The revisions make the treatment of fugitive emissions
in determining major source and major modification thresholds
consistent with Federal major NSR rules. On December 19, 2008, EPA
promulgated its final rulemaking regarding its reconsideration of the
inclusion of fugitive emissions in the NSR program (73 FR 77882). In
this rulemaking, EPA made the treatment of fugitive emissions for
determining major modifications consistent with the treatment of
fugitive emissions for determining major source thresholds. In brief,
this rulemaking requires that fugitive emissions be included in
determining whether a physical change or change in operation results in
a major modification only for sources in source categories designated
through rulemaking pursuant to section 302(j) of the Act (i.e.,
``listed sources''). The change to the treatment of fugitive emissions
became effective in the Federal NSR program on January 20, 2009 and
became effective in the Federal PSD program on February 17, 2009.
However, on February 17, 2009, EPA received a petition from the Natural
Resources Defense Council to reconsider and stay the December 19, 2008,
final fugitive emissions final rule. EPA granted the petition on April
24, 2009 and published a Federal Register notice on September 30, 2009
establishing a three-month administrative stay of the rule (74 FR
50115). Because IDEQ's program now treats fugitive emissions in the
same manner as ``required by federal law,'' these changes are also
effective in the IDEQ major NSR.
    It is important to note that in its final rulemaking on the
reconsideration of fugitive emissions (73 FR 77882), EPA noted that a
state has considerable latitude to customize its minor NSR program
regarding the treatment of fugitive emissions and that state
authorities should explicitly indicate how fugitive emissions are to be
accounted for in all aspects of the state's minor NSR (see page 77890).
The definition of ``major modification'' used in IDEQ's major NSR rules
is distinctly different from the revised definition for modification in
IDAPA <IP_ADDRESS> which applies to IDEQ's ``minor'' NSR rules. The
statement in IDEQ's definition of ``regulated air pollutant'' that
``fugitive emissions shall not be considered in determining whether a
permit is required for a modification unless required by federal law''
therefore created a potential lack of clarity regarding the treatment
of fugitive emissions in Idaho's minor source program. EPA therefore
requested that IDEQ clarify this issue. On September 25, 2009 IDEQ,
submitted additional information to EPA explicitly stating that
fugitive emissions in IDEQ's minor source program are treated the same
way they are in its major NSR program, i.e., fugitive emissions at
minor sources of listed source categories are included in determining
the source's potential to emit and whether there is a modification. In
light of IDEQ's clarification regarding the treatment of fugitive
emissions in its minor NSR program, EPA proposes to approve the
revisions to IDAPA <IP_ADDRESS> with the exception of subsection (b) of
the definition of ``modification'' (codified as IDAPA <IP_ADDRESS>.55.b
in this submission, and subsequently renumbered). This subparagraph (b)
in the definition of ``modification pertains to the ``state only''
toxics air pollutant program and is not related to the criteria
pollutants regulated under title I of the CAA or to the requirements
for SIPs under section 110 of the Act. Therefore, EPA is not taking any
action on this subparagraph.
    The May 5, 2006 SIP included additional editorial revisions to
IDAPA <IP_ADDRESS>, 007, 133, 134, 135, 155, 213, 220, 460, 511, 512,
513, 560, 561, 575, 581, and 679 to make those sections consistent with
the definitional changes to ``modification'' and ``regulated air
pollutant.'' EPA reviewed these changes and proposes to approve them.
Similar editorial changes were also made to sections IDAPA
<IP_ADDRESS>, 440 and 441; however, EPA is taking no action on IDAPA
<IP_ADDRESS>, 440 and 441. The rationale is provided in detail in our
previous action on Idaho's SIP (67 FR 52666).

J. Procedure for Transfer of Permits To Construct and Tier II Operating
Permits

    On May 5, 2006 IDEQ submitted revisions to IDAPA <IP_ADDRESS>, 007,
209 and 404 modifying definitions for its major and minor source air
quality permitting programs and submitted two new rule subsections
allowing for the transfer of permits to construct and Tier II operating
permits. The revisions were subject to a public hearing on September 7,
2005, adopted by the Board of Environmental Quality on October 12,
2005, and became effective on April 11, 2006. The specific regulatory
changes that EPA is proposing to approve into the SIP are discussed
below.
    The revisions to IDAPA <IP_ADDRESS> change the definition of
``modification'' to refer to an ``emissions increase'' as defined in
IDAPA <IP_ADDRESS>. The revisions to IDAPA <IP_ADDRESS> include new
definitions for ``baseline actual emissions,'' ``begin actual
construction,'' ``emissions increase,'' and ``projected actual
emissions,'' as well as editorial revisions to other definitions to
maintain consistency with the new definitions. The revisions to IDAPA
<IP_ADDRESS> add a new section IDAPA <IP_ADDRESS>.06 titled, Transfer
of Permits to Construct, which includes the requirements for
transferring a permit to construct to a new owner or operator of the
source. Similarly, the revisions to IDAPA <IP_ADDRESS>4 add a new
section IDAPA <IP_ADDRESS>4.05 titled, Transfer of Tier II Permits,
which includes the requirements for transferring a Tier II permit to a
new owner or operator of the source. The definition revisions in IDAPA
<IP_ADDRESS> and 007 are consistent with and, in many instances,
identical to the definitions in 40 CFR 52.21(b) (definitions for
Federal PSD program) and we are proposing to approve these revisions
into Idaho's SIP. The new procedures for the transfer of permits in
IDAPA <IP_ADDRESS>.6 and <IP_ADDRESS>4.5 clarify existing practices and
we propose to approve these revisions into the SIP as well.

K. Mercury

    On April 16, 2007, IDEQ submitted a new section IDAPA <IP_ADDRESS>
requiring that no owner or operator shall construct or operate an
electric generating unit, as defined in 40 CFR 60.24, with a potential
to emit mercury emissions. The rule was subject to a public hearing on
November 3, 2006, adopted by the Board of Environmental Quality on
November 16, 2006, and became effective on March 30, 2007. While this
rule is an important part of IDEQ's air program, IDAPA <IP_ADDRESS> is
not related to the criteria pollutants regulated under title I of the
CAA or to the requirements for SIPs under section

110 of the Act and, therefore, EPA is not taking any action on this
provision.

L. Sulfur Content of Fuels

    On June 8, 2009 IDEQ submitted revisions to IDAPA <IP_ADDRESS>5 thru
729 reorganizing and clarifying the existing rules for the sulfur
content of fuels. The revisions were subject to a public hearing on
June 10, 2008, adopted by the Board of Environmental Quality on October
9, 2008, and became effective on May 8, 2009. IDAPA <IP_ADDRESS>5 thru
729 were combined into a single section <IP_ADDRESS>5 Rules for the
Sulfur Content of Fuels. Section 726 was revised to become paragraph
725.01 while retaining all of the relevant definitions specific to
sections 725 thru 729. Sections 727, 728 and 729 were revised to become
paragraphs 725.02. 725.03, and 725.04, while retaining all of the
relevant provisions for residual fuel oils, distillate fuel oils and
coal, respectively. The revisions simplify the existing regulations and
we propose to approve these revisions into the SIP.

IV. EPA's Proposed Action

    Consistent with the discussion above, EPA proposes to approve most
of the submitted SIP provisions and to take no action on certain other
provisions, as discussed below. This action will result in proposed
changes to the Idaho SIP in 40 CFR part 52, subpart N.

A. Rules To Approve Into SIP

    EPA proposes to approve into the SIP at 40 CFR part 52, subpart N,
the Idaho regulations listed in Table 2. It is important to note that
in those instances where IDEQ submitted multiple revisions to a single
section of IDAPA 58.01.01, the most recent version of that section
(based on state effective date) is proposed to be incorporated into the
SIP since it supersedes all previous revisions.

                                Table 2--Idaho Regulations for Proposed Approval
----------------------------------------------------------------------------------------------------------------
                                                                          State
          State citation                     Title/subject           effective date          Explanation
----------------------------------------------------------------------------------------------------------------
                            58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------
006..............................  General Definitions.............       4/11/2006  Except Section 006.66(b)
                                                                                (re: state air toxics in
                                                                                definition of
                                                                                ``modification'').
007..............................  Definitions for the Purposes of        4/11/2006
                                    Sections 200 through 225 and
                                    400 through 461.
107..............................  Incorporations by Reference.....        5/8/2009  Except Section 107.03(g)
                                                                                through (n) and (p).
200..............................  Procedures and Requirements for         4/2/2008
                                    Permits to Construct.
133..............................  Start-up, Shutdown and Scheduled       4/11/2006
                                    Maintenance Requirements.
134..............................  Upset, Breakdown and Safety            4/11/2006
                                    Requirements.
135..............................  Excess Emission Reports.........       4/11/2006
155..............................  Circumvention...................       4/11/2006
201..............................  Permit to Construct Required....        7/1/2002
202..............................  Application Procedures..........        4/6/2005
204..............................  Permit Requirements for New             4/2/2008
                                    Major Facilities or Major
                                    Modifications in Nonattainment
                                    Areas.
205..............................  Permit Requirements for New             4/2/2008
                                    Major Facilities or Major
                                    Modifications in Attainment or
                                    Unclassifiable Areas.
206..............................  Optional Offsets for Permits to         4/6/2005
                                    Construct.
209..............................  Procedures for Issuing Permits..       4/11/2006
213..............................  Pre-Permit Construction.........       4/11/2006
220..............................  General Exemption Criteria for         4/11/2006
                                    Permit to Construct Exemptions.
222..............................  Category II Exemptions..........       4/11/2006
400..............................  Procedures and Requirements for         7/1/2002
                                    Tier II Operating Permits.
401..............................  Tier II Operating Permit........        4/6/2005  Except 401.01.a (bubbles)
                                                                                and 401.04 (compliance
                                                                                date extension).
402..............................  Application Procedures..........        7/1/2002
404..............................  Procedure for Issuing Permits...       4/11/2006
460..............................  Requirements for Emission              4/11/2006
                                    Reduction Credits.
511..............................  Applicability...................       4/11/2006
512..............................  Definitions.....................       4/11/2006
513..............................  Requirements....................       4/11/2006
560..............................  Notification to Sources.........       4/11/2006
561..............................  General Rules...................       4/11/2006
575..............................  Air Quality Standards and Area         4/11/2006
                                    Classification.
581..............................  Prevention of Significant              4/11/2006
                                    Deterioration (PSD) Increments.
679..............................  Averaging Period................       4/11/2006
700..............................  Particulate Matter Process              5/3/2003  More recent state rule
                                    Weight Limitations.                               effective date.
725..............................  Rules for Sulfur Content of             5/8/2009
                                    Fuels.
----------------------------------------------------------------------------------------------------------------

B. Rules on Which No Action Is Taken

<IP_ADDRESS>, Definitions for Purposes of Section 300 through 386
<IP_ADDRESS>, Electric Generating Unit Construction Prohibition
<IP_ADDRESS>, Demonstration of Preconstruction Compliance with Toxic
Standards
<IP_ADDRESS>, Permit to Construct Processing Fee
<IP_ADDRESS>, Appeals
<IP_ADDRESS>3, 317, 387-399, 395, Procedures and Requirements for
Tier I Operating Permits
<IP_ADDRESS>0, Appeals

<IP_ADDRESS>-181, Procedures and Requirements for Permits
Establishing a Facility Emissions Cap
<IP_ADDRESS>1, Standards of Performance of Hospital/Medical/
Infectious Waste Incinerators

C. 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.\7\
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 PSD program, 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).
---------------------------------------------------------------------------

    \7\ ``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.
---------------------------------------------------------------------------

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, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: March 3, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010-5965 Filed 3-17-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 15, 2008 (Volume 73, Number 95)]
[Notices]
[Page 28110-28112]
[DOCID:fr15my08-43]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2008-0378; FRL-8566-4]

Adequacy Status of Motor Vehicle Budgets in Submitted South Coast
8-Hour Ozone and PM2.5 Attainment and Reasonable Further Progress Plans
for Transportation Conformity Purposes; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy and inadequacy.

-----------------------------------------------------------------------

SUMMARY: In this notice, EPA is notifying the public that the Agency
has found that the ``baseline'' reasonable further progress motor
vehicle emissions budgets for 8-hour ozone and PM2.5 in the
2007 South Coast State Implementation Plan (2007 South Coast SIP), as
amended on April 30, 2008, are adequate for transportation conformity
purposes. In this notice, EPA is also notifying the public that the
Agency has found that the ``SIP-based'' motor vehicle emissions budgets
for 8-hour ozone and PM2.5 in the amended 2007 South Coast
SIP are inadequate for transportation conformity purposes. The 2007
South Coast SIP was submitted to EPA on November 28, 2007 by the
California Air Resources Board (CARB) as a revision to the California
SIP, and includes reasonable further progress and attainment
demonstrations for the 8-hour ozone and PM2.5 national
ambient air quality standards. On February 1, 2008, CARB submitted
supplemental technical information related to reasonable further
progress for the 8-hour ozone NAAQS. The 2007 South Coast SIP was
amended by a submittal dated April 30, 2008 that replaces the original
motor vehicle emissions budgets for 8-hour ozone and PM2.5
and distinguishes between ``baseline'' budgets and ``SIP-based''
budgets. As a result of our findings, the Southern California
Association of Governments and the U.S. Department of Transportation
must use the South Coast 8-hour ozone and PM2.5 ``baseline''
motor vehicle emissions budgets, and cannot use the ``SIP-based''
budgets, in the amended 2007 South Coast SIP for future conformity
determinations.

DATES: This finding is effective May 30, 2008.

FOR FURTHER INFORMATION CONTACT: Rebecca Rosen, U.S. EPA, Region IX,
Air Division AIR-2, 75 Hawthorne Street, San Francisco, CA 94105-3901;
(415) 947-4152 or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Receipt of the motor vehicle emissions budgets for 8-hour ozone and
PM2.5 in the 2007 South Coast SIP submitted on November 28,
2007 was announced on EPA's transportation conformity Web site on
February 12, 2008. Receipt of the motor vehicle emissions budgets in
the amended 2007 South Coast SIP was announced on March 27, 2008 based
on a submittal from CARB dated March 26, 2008 that requested parallel
adequacy processing of draft amendments to the 2007 South Coast SIP.
The draft amendments to the

2007 South Coast SIP included two sets of budgets, and CARB labeled
these sets as ``baseline'' and ``SIP-based'' budgets. CARB also
requested that EPA consider both sets of budgets simultaneously but
approve all of the ``baseline'' budgets only if the Agency could not
approve or find adequate in their entirety the ``SIP-based'' budgets.
We received comments in response to the adequacy review posting of the
original 2007 South Coast SIP motor vehicle emissions budgets, and
comments were also received in response to the adequacy review posting
of the amended 2007 South Coast SIP motor vehicle emissions budgets.
The final, adopted amendments to the 2007 South Coast SIP submitted by
CARB on April 30, 2008 are the same as those submitted by CARB for
parallel processing on March 26, 2008.
    Today's notice is simply an announcement of a finding that we have
already made. EPA Region IX sent a letter to the CARB on May 7, 2008
stating that the ``baseline'' motor vehicle emissions budgets in the
amended 2007 South Coast SIP for the reasonable further progress (RFP)
milestone years of 2008, 2011, 2014, 2017, and 2020 (for 8-hour ozone)
and 2009 and 2012 (for PM2.5) are adequate. The adequate
motor vehicle emissions budgets are provided in the following table:

       Adequate 8-Hour Ozone ``Baseline'' Motor Vehicle Emissions
------------------------------------------------------------------------
                                          8-hour ozone--summer day, tons
                                                      per day
               Budget year               -------------------------------
                                                ROG             NOX
------------------------------------------------------------------------
2008....................................             215             427
2011....................................             176             354
2014....................................             150             287
2017....................................             131              32
2020....................................             116             190
------------------------------------------------------------------------

                           Adequate PM2.5 ``Baseline'' Motor Vehicle Emissions Budgets
----------------------------------------------------------------------------------------------------------------
                                                                        PM2.5--annual average, tons per day
                           Budget year                           -----------------------------------------------
                                                                        ROG             NOX            PM2.5
----------------------------------------------------------------------------------------------------------------
2009............................................................             196             413              38
2012............................................................             163             337              38
----------------------------------------------------------------------------------------------------------------

    Our letter dated May 7, 2008 also states that the ``SIP-based''
motor vehicle emissions budgets in the amended 2007 South Coast SIP are
inadequate for transportation conformity purposes. The amended 2007
South Coast SIP included ``SIP-based'' budgets for 2008, 2011, 2014,
2017, 2020, and 2023 (for ozone) and for 2009, 2012, 2014, 2023, and
2030 (for PM2.5). The State has included additional on-road
mobile source emissions reductions in the ``SIP-based'' budgets from
the 2007 State Strategy for the California SIP. The ``baseline''
budgets include no such reductions but rather reflect emissions
reductions from CARB rules that were adopted as of October 2006. EPA
has determined that the ``SIP-based'' budgets are inadequate because
all of the ``SIP-based'' budgets after 2009 include new emission
reductions that do not result from specific or enforceable control
measures. As a result, three of the transportation conformity rule's
adequacy criteria are not met (40 CFR 93.118(e)(4)(iii), (iv), and (v))
for these ``SIP-based'' budgets. The inadequate motor vehicle emissions
budgets are provided in the following table:

      Inadequate ``SIP-Based'' 8-Hour Ozone Motor Vehicle Emissions
------------------------------------------------------------------------
                                          8-hour ozone--summer day, tons
                                                      per day
               Budget year               -------------------------------
                                                ROG             NOX
------------------------------------------------------------------------
2008....................................             215             427
2011....................................             162             320
2014....................................             125             196
2017....................................             111             167
2020....................................             101             145
2023....................................              93             128
------------------------------------------------------------------------

                         Inadequate ``SIP-Based'' PM2.5 Motor Vehicle Emissions Budgets
----------------------------------------------------------------------------------------------------------------
                                                                        PM2.5--annual average, tons per day
                           Budget year                           -----------------------------------------------
                                                                        ROG             NOX            PM2.5
----------------------------------------------------------------------------------------------------------------
2009............................................................             196             413              38
2012............................................................             139             276              37
2014............................................................             122             201              33
2023............................................................              89             131              37

2030............................................................              75             121              39
----------------------------------------------------------------------------------------------------------------

    EPA notes that the 2008 8-hour ozone and 2009 PM2.5
motor vehicle emissions budgets in the state's ``SIP-based'' approach
are the same as the adequate budgets in the state's ``baseline''
approach.
    The finding and the response to comments are available at EPA's
transportation conformity Web site: http://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm. Transportation conformity is
required by Clean Air Act section 176(c). EPA's conformity rule
requires that transportation plans, transportation improvement
programs, and projects conform to state air quality implementation
plans and establishes the criteria and procedures for determining
whether or not they do conform. Conformity to a SIP means that
transportation activities will not produce new air quality violations,
worsen existing violations, or delay timely attainment of the national
ambient air quality standards.
    The criteria by which we determine whether a SIP's motor vehicle
emission budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4), which was promulgated on August 15, 1997 final
rule (62 FR 43780, 43781-43783). We have further described our process
for determining the adequacy of submitted SIP budgets in our July 1,
2004 final rule (69 FR 40004, 40038), and we used the information in
these resources in making our adequacy findings. Please note that an
adequacy review is separate from EPA's completeness review, and should
not be used to prejudge EPA's ultimate approval action for the SIP.
Even if we find a budget adequate, the SIP could later be disapproved.

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

    Dated: May 6, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
 [FR Doc. E8-10901 Filed 5-14-08; 8:45 am]

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[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Notices]
[Page 35142-35143]
[DOCID:fr20jn08-64]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-1986-F-0277] (formerly Docket No. 1986F-0364)

Danisco USA, Inc.; Withdrawal of Food Additive Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing the
withdrawal, without prejudice to a

future filing, of a food additive petition (FAP 6A3958) proposing that
the food additive regulations be amended to provide for the safe use of
alitame as a sweetening agent or flavoring in food.

FOR FURTHER INFORMATION CONTACT: Blondell Anderson, Center for Food
Safety and Applied Nutrition (HFS-265), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of September 29, 1986 (51 FR 34503), FDA announced that a food
additive petition (FAP 6A3958) had been filed by Pfizer Central
Research, Pfizer, Inc., 565 Taxter Rd., suite 590, Elmsford, NY 10523.
The petition proposed to amend the food additive regulations in part
172 Food Additives Permitted for Direct Addition to Food for Human
Consumption (21 CFR part 172) to provide for the safe use of alitame
(L-[alpha]-aspartyl-N-2,2,4,4-tetramethyl-3-thietanyl)-D-alaninamide
(CAS Reg. No. 80863-62-3) as a sweetening agent or flavoring in food.
The rights to the petition currently belong to Danisco USA, Inc., 440
Saw Mill River Rd., Ardsley, NY 10502-2605. Danisco USA, Inc., has now
withdrawn the petition without prejudice to a future filing (21 CFR
171.7).

    Dated: June 12, 2008.
Laura M. Tarantino,
Director, Office of Food Additive Safety, Center for Food Safety and
Applied Nutrition.
[FR Doc. E8-13998 Filed 6-19-08; 8:45 am]

BILLING CODE 4160-01-S