[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Proposed Rules]
[Pages 30626-30628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14096]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0214, FRL-9980-19--Region 10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
state implementation plan (SIP) revisions submitted by the Idaho 
Department of Environmental Quality (IDEQ) on March 20, 2018 and April 
12, 2018. The submitted revisions update incorporation by reference 
(IBR) of Federal regulations in the Idaho's rules. The revisions also 
remove an interim regulation that expired in 2003.

DATES: Comments must be received on or before July 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2018-0214, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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 whose disclosure 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT:  Randall Ruddick at (206) 553-1999, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to EPA.

Table of Contents

I. Background
II. EPA Evaluation of Idaho's SIP Revisions
    A. 2016 Federal Rule IBR Update
    B. 2017 Federal Rule IBR Update
    C. Removal of Expired Rule
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background

    Section 110 of the Clean Air Act (CAA) specifies the general 
requirements for states to submit SIPs to attain and maintain the 
National Ambient Air Quality Standards (NAAQS) and the EPA's actions 
regarding approval of those SIPs. Idaho incorporates by reference (IBR) 
various portions of Federal regulations codified in the Code of Federal 
Regulations (CFR) into the Rules for the Control of Air Pollution in 
Idaho (IDAPA 58.01.01). Idaho then submits parts of IDAPA 58.01.01 to 
the EPA for approval into the Federally-approved Idaho SIP (generally 
those provisions that relate to the criteria pollutants regulated under 
section 110 of the CAA for which the EPA has promulgated NAAQS or other 
specific requirements of section 110).
    To ensure that its rules remain consistent with the EPA 
requirements, Idaho generally updates the IBR citations in IDAPA 
58.01.01 on an annual basis and submits a SIP revision to reflect any 
changes made to the Federal regulations during that year. Idaho's 
current SIP includes the approved incorporation by reference of 
specific Federal regulations, revised as of July 1, 2015, at IDAPA 
58.01.01.107 ``Incorporation by Reference.'' On March 20, 2018, the 
State of Idaho submitted SIP revisions to the EPA to account for more 
recent Federal regulatory changes adopted by Idaho.
    Additionally, on April 12, 2018, Idaho submitted a separate SIP 
revision to remove an expired interim transportation conformity 
provision. Transportation conformity is required under section 176(c) 
of the CAA to ensure Federally supported highway, transit projects, and 
other activities are consistent with (``conform to'') the purpose of 
the SIP.

II. EPA Evaluation of Idaho's SIP Revisions

    Idaho submitted several state dockets (rulemakings) for approval to 
the EPA. We note that the dockets also include revisions to Idaho's 
regulations relating to its Title V operating permits, hazardous air 
pollutants (referred to as ``toxic air pollutants'' in Idaho 
regulations), and other air requirements that do not implement section 
110 of the CAA. Idaho submitted these regulations for informational 
purposes only, in order to provide a complete record of each docket. In 
the cover letter to the March 20, 2018, submittal, Idaho specifically 
stated that the identified provisions (IDAPA 58.01.01.107.03.f-n) were 
not being submitted to update Idaho's SIP. We provide our analysis of 
the revisions below.

A. 2016 Federal Rule IBR Update

    Docket 58-0101-1603 ``2016 Federal Rule IBR'' revises IDAPA 
58.01.01.107.03 ``Documents Incorporated by Reference'' to update the 
citation dates for specific provisions incorporated by reference into 
the Idaho SIP as of July 1, 2016. Although Idaho requested approval of 
this docket, it has

[[Page 30627]]

been superseded by the annual IBR update for 2017, described below. 
Therefore, we are acting on only the most recently adopted and 
submitted version of Idaho's regulations (namely, the 2017 Federal Rule 
IBR Update). Further action on this docket is not necessary because 
this version of Idaho's regulations is no longer in effect.

B. 2017 Federal Rule IBR Update

    Docket 58-0101-1702 ``2017 Federal Rule IBR Update'' revises IDAPA 
58.01.01.107 ``Incorporations by Reference'' to update the citation 
dates for specific provisions incorporated by reference in IDAPA 
58.01.01.107.03 ``Documents Incorporated by Reference'' as of July 1, 
2017. Subparagraph (a) of IDAPA 58.01.01.107.03 incorporates by 
reference the Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, 40 CFR part 51, with the exception of certain 
visibility-related provisions, revised as of July 1, 2017. Importantly, 
Idaho's update to the incorporation by reference of 40 CFR part 51 
includes nonattainment new source review (NNSR) requirements at 40 CFR 
51.165.
    Idaho has two designated PM2.5 nonattainment areas: West 
Silver Valley 2012 annual PM2.5 nonattainment area, and the 
Idaho portion of the Logan, Utah-Idaho 2006 24-hour PM2.5 
nonattainment area. Idaho's incorporation by reference of 40 CFR 51.165 
as of July 1, 2017, as referenced by IDAPA 58.01.01.204 Permit 
Requirements for New Major Facilities and Modifications in 
Nonattainment Areas, captures the EPA's 2016 rule changes to 40 CFR 
51.165 promulgated under subpart 4, part D, of the Clean Air Act. See 
Fine Particulate Matter National Ambient Air Quality Standards: State 
Implementation Plan Requirements; Final Rule (81 FR 58010, August 24, 
2016).
    As a result, Idaho's NNSR program now regulates the four precursors 
to PM2.5 that have been recognized by the EPA, namely, 
nitrogen oxides, sulfur dioxide, volatile organic compounds, and 
ammonia. Therefore, EPA is proposing to fully approve the Idaho SIP as 
meeting current Federal NNSR requirements for all pollutants, including 
PM2.5.
    Subparagraph (b) of IDAPA 58.01.01.107.03 incorporates by reference 
the National Primary and Secondary Ambient Air Quality Standards, 40 
CFR part 50. The current Idaho SIP approved version of subparagraph (b) 
includes NAAQS revised as of July 1, 2015. On October 1, 2015, EPA 
signed a notice of final rulemaking revising the 8-hour primary and 
secondary ozone NAAQS (80 FR 65292; October 26, 2015). While both 
standards retain the same general form and averaging time (annual 
fourth-highest daily maximum 8-hour average concentration, averaged 
over three years \1\), the levels were lowered from 0.075 parts per 
million (ppm) to 0.070 ppm.\2\ Idaho's 2017 Federal Rules IBR update 
changed the citation date in subparagraph (b) to July 1, 2017 and 
therefore reflects the current (October 2015) Federal NAAQS for ozone. 
Other than ozone, EPA has not revised any other NAAQS since July 1, 
2015. We therefore propose to approve Idaho's revision to subparagraph 
(b) as consistent with Federal standards.
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    \1\ See 80 FR 65296 (October 26, 2015), for a detailed 
explanation of the calculation of the 3-year 8-hour average; see 
also 40 CFR part 50, Appendix U.
    \2\ These levels are commonly referred to in parts per billion 
(ppb): 75ppb and 70ppb, respectively.
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    Subparagraph (c) of IDAPA 58.01.01.107.03 incorporates the Approval 
and Promulgation of Implementation Plans, 40 CFR part 52, subparts A 
and N, and appendices D and E. This includes the Federal Prevention of 
Significant Deterioration (PSD) permitting rules at 40 CFR 52.21 and 
52.22 as of July 15, 2017. The current Idaho SIP approved version of 
subparagraph (c) incorporates these Federal rules as effective July 1, 
2015.
    Since July 1, 2015, EPA promulgated revisions to 40 CFR 52.21 and 
repealed 52.22 in response to a court remand and vacatur. Specifically, 
on June 23, 2014, the United States Supreme Court, in Utility Air 
Regulatory Group (UARG) v. EPA, issued a decision addressing the 
application of PSD permitting to greenhouse gas (GHG) emissions. The 
Supreme Court said EPA may not treat GHGs as air pollutants for 
purposes of determining whether a source is a major source (or 
modification thereof) required to obtain a PSD permit. The Court also 
said EPA could continue to require that PSD permits, otherwise required 
based on emissions of pollutants other than GHGs, contain limits on GHG 
emissions based on the application of Best Available Control Technology 
(BACT). In response to the UARG decision, and the subsequent Amended 
Judgment issued by the D.C. Circuit (Amended Judgment), EPA revised the 
Federal PSD rules to allow for the rescission of PSD permits that are 
no longer required under these decisions, 80 FR 26183 (May 7, 2015), 
and to remove the regulatory provisions that were specifically vacated 
by the Amended Judgment, 80 FR 50199 (August 19, 2015). In addition, 
EPA has proposed to revise provisions in the PSD permitting regulations 
applicable to GHGs to fully conform with UARG and the Amended Judgment, 
but those revisions have not been finalized. 81 FR 68110 (Oct. 3, 
2016).
    Idaho's incorporation by reference of 40 CFR 52.21 and 52.22 as of 
July 1, 2015, included the May 7, 2015 revisions to 40 CFR 52.21(w), 
providing a mechanism for Idaho to rescind PSD permits that are no 
longer required in light of UARG and the Amended Judgment, but did not 
include the August 19, 2015 revisions to the Federal PSD program 
removing the PSD provisions vacated by the Amended Judgment. Idaho's 
March 20, 2018 SIP submittal updates the IBR citation date to July 1, 
2017 and thereby encompasses the August 19, 2015 revisions to the 
Federal PSD program. The Idaho SIP will still contain some of the 
vacated GHG provisions (EPA has not finalized the actions proposed in 
81 FR 68110), so EPA's approval of the Idaho's CFR incorporation by 
reference update to July 1, 2017 does not change the Idaho SIP with 
respect to the remaining vacated provisions. However, the remaining 
vacated portions of 40 CFR 52.21 incorporated into the Idaho SIP-
approved PSD program are no longer enforceable.
    EPA believes this portion of the Idaho SIP should be revised in 
light of the D.C. Circuit's Amended Judgment, but EPA also notes that 
these provisions may not be implemented even prior to their removal 
from the Idaho SIP because the court decisions described above have 
determined these parts of EPA's regulations are unlawful. Further, 
Idaho has advised EPA that it is not currently enforcing these 
provisions in light of the Supreme Court decision. See 82 FR 22083, May 
12, 2017. We are therefore proposing to approve subparagraph (c) with 
the understanding that the GHG provisions vacated by the court 
decisions cannot be implemented and are not being enforced by Idaho.
    Subparagraphs (d) and (e) of IDAPA 58.01.01.107.03 incorporate by 
reference the following provisions revised as of July 1, 2017: (d) 
Ambient Air Monitoring Reference and Equivalent Methods, 40 CFR part 
53; and (e) Ambient Air Quality Surveillance, 40 CFR part 58. These 
provisions relate to the criteria pollutants regulated under section 
110 of title I of the CAA or other specific requirements of section 110 
and make the Idaho SIP consistent with Federal law. The EPA is 
proposing to approve the revisions to IDAPA 58.01.01.107.03 (d) and 
(e).

[[Page 30628]]

C. Removal of Expired Rule

    Idaho submitted Docket 58-0101-1602 that repealed IDAPA 
58.01.01.582 ``Interim Conformity Provisions for Northern Ada County 
Former Nonattainment Area for PM-10'' (section 582) because it was 
outdated and no longer applicable. Section 582 was promulgated in 2001 
as a temporary measure that was necessary only until a required 
maintenance plan could be developed to address CAA transportation 
conformity requirements for the PM10 Ada County 
nonattainment area. Idaho has since developed and adopted the required 
maintenance plan and EPA approved the maintenance plan on October 27, 
2003 (68 FR 61106), effective November 26, 2003. Idaho repealed the 
expired section 582 (state effective March 28, 2017) and submitted the 
revision to EPA. EPA is therefore proposing to remove section 582 from 
Idaho's SIP as requested by Idaho in its April 12, 2018 SIP submittal.

III. Proposed Action

    EPA is proposing to approve, and incorporate by reference where 
appropriate, in Idaho's SIP all revisions to IDAPA 58.01.01.107 
Incorporations by Reference, except .03.f through .p (state effective 
March 28, 2018) as requested by Idaho on March 20, 2018, and as 
described in Section II.B. above.
    EPA is also proposing, as requested by Idaho on April 12, 2018, to 
remove IDAPA 58.01.01.582 Interim Conformity Provisions for Northern 
Ada County Former Nonattainment Area for PM 10 from the Idaho SIP 
because it expired in 2003 and Idaho has repealed it as a matter of 
state law (state effective March 29, 2017). See Section II.C. (above).
    We have made the preliminary determination that the submitted SIP 
revisions are consistent with section 110 and part C of Title I of the 
CAA.

IV. Incorporation by Reference

    In this rule, 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, EPA is proposing to incorporate by 
reference the provisions described above in Section III. Also in this 
rule, EPA is proposing to remove, in a final EPA rule, regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, EPA is proposing to remove the 
incorporation by reference of IDAPA 58.01.01.582 as described in 
Section III. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and in 
hard copy at the appropriate EPA office (see the ADDRESSES section of 
this preamble for more information).

V. Statutory and Executive Orders Review

    Under the Clean Air Act, 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because it does not involve technical standards; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The proposed SIP would not be 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 does not have tribal implications and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 20, 2018.
Michelle L. Pirzadeh,
Regional Administrator, Region 10.
[FR Doc. 2018-14096 Filed 6-28-18; 8:45 am]
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