[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Rules and Regulations]
[Pages 13803-13804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06738]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0769; FRL-9991-71-Region 10]


Air Plan Approval; ID, Kraft Pulp Mill Rule Revisions

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to Idaho's State Implementation Plan (SIP) 
submitted by the Idaho Department of Environmental Quality (IDEQ) on 
November 2, 2018. The submitted revisions update Idaho's rules by 
removing obsolete and duplicative requirements as well as requirements 
less stringent than applicable Federal regulations.

DATES: This final rule is effective May 8, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2018-0769, at https://www.regulations.gov. All 
documents in the docket are listed on the https://www.regulations.gov 
website. Although listed in the index, some information is not publicly 
available, e.g., Confidential Business Information (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 form. Publicly 
available docket materials are available through https://www.regulations.gov, or please contact the person identified in the 
``For Further Information Contact'' section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, 
[email protected], or Attn: Randall Ruddick, EPA Region 10, 
Office of Air and Waste (OAW-155), 1200 6th Ave., Seattle, WA 98101.

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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review

I. Background

    On November 2, 2018, the Idaho Department of Environmental Quality 
(IDEQ) submitted revisions to the SIP that remove Idaho's 1994 version 
of IDAPA 58.01.01.815, .816, and .819 through .826, and add the State's 
current (2012) version of IDAPA 58.01.01.815 and .818 into the SIP.
    On February 13, 2019, the Environmental Protection Agency (EPA) 
proposed to approve Idaho's November 2, 2018 submission. Please see the 
proposed approval for further explanation (84 FR 3744). The public 
comment period for our proposed action ended on March 15, 2019. We did 
not receive any comments on this action. Therefore, we are finalizing 
our action as proposed.

II. Final Action

    EPA is approving and incorporating by reference into Idaho's SIP, 
all revisions to IDAPA 58.01.01.815 and .818 (state effective March 29, 
2012) as requested by Idaho on November 2, 2018. EPA is also approving, 
as requested by Idaho on November 2, 2018, removal of IDAPA 
58.01.01.816, .817, and .821 through .826 from the Idaho SIP. We have 
determined that the submitted SIP revisions are consistent with section 
110 of Title I of the CAA.

III. Incorporation by Reference

    In this rule, EPA is approving regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is incorporating by reference the provisions described above 
in Section II. Final Action and set forth below, as amendments to 40 
CFR part 52.
    Also in this rule, EPA is removing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is removing the incorporation

[[Page 13804]]

by reference of IDAPA 58.01.01.816, .817, and .821 through .826 as 
described in Section II. Final Action and set forth below, as 
amendments to 40 CFR part 52.
    EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and at the EPA 
Region 10 office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

IV. 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 action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because 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 SIP does not 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, this action 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, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

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

    Dated: March 27, 2019.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart N--Idaho

0
2. In Sec.  52.670, the table in paragraph (c) is amended by:
0
a. Revising entry ``815'';
0
b. Adding entry ``818'' in numerical order; and
0
c. Removing entries ``816'', ``817'', and ``821'' through ``826''.
    The revision and addition read as follows:


Sec.  52.670   Identification of plan.

* * * * *
    (c) * * *

                                   EPA-Approved Idaho Regulations and Statutes
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                                                        State
       State citation            Title/subject     effective date   EPA approval date         Explanations
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      Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
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                                                  * * * * * * *
815........................  Rules for Control of       3/29/2012  4/8/2019, [insert
                              Kraft Pulp Mills.                     Federal Register
                                                                    citation].
818........................  Kraft Pulp Mill LVHC       3/29/2012  4/8/2019, [insert
                              and HVLC Gas                          Federal Register
                              Venting                               citation].
                              Notification and
                              Reporting.
 
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[FR Doc. 2019-06738 Filed 4-5-19; 8:45 am]
 BILLING CODE 6560-50-P


