[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45918-45920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18849]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0403; FRL-9998-96-Region 10]


Air Plan Approval: ID; Update to CRB Fee Billing Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve state implementation plan (SIP) revisions 
submitted by the State of Idaho's Department of Environmental Quality 
on June 5, 2019. The revisions implement changes to the timing of when 
fees for open burning of crop residue are paid. The changes provide 
Idaho Department of Environmental Quality a more streamlined 
administrative process and were based on recommendation from Idaho's 
Crop Residue Advisory Committee.

DATES: This rule is effective on November 4, 2019, without further 
notice, unless the EPA receives adverse comment by October 3, 2019. If 
the EPA receives adverse comment, we will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0403 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically 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. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, or 
ruddick.randall@epa.gov, U.S. Environmental Protection Agency, Region 
10, 1200 6th Avenue, Suite 155-15-H13, Seattle, WA 98101-3188.

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

Table of Contents

I. Background
II. Analysis of Rule Updates
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    In 2013, the EPA approved revisions related to Idaho's open burning 
and crop residue burning requirements that established a streamlined 
permitting process for spot burns, baled agricultural residue burns, 
and propane flaming. The revisions also made minor changes to the 
existing crop residue burning rules to update cross references and 
clarify certain administrative information. More information regarding 
the revisions that the EPA approved in 2013 can be found in the EPA's 
proposed and final actions on the state's 2011 SIP submittal. See 78 FR 
2359 (January 11, 2013) and 78 FR 16790 (March 19, 2013).

II. Analysis of Rule Updates

    On June 5, 2019, Idaho submitted a SIP revision request to the EPA. 
The SIP submittal contains two revisions to the federally-approved crop 
residue burning (CRB) rules. The two revisions were conducted through 
Idaho's negotiated rulemaking process involving persons having an 
interest in the development of the revisions and based on 
recommendations from the Idaho Crop Residue Advisory Committee. 
Specifically, the June 5, 2019, SIP submittal contains revisions to 
IDAPA 58.01.01.620.01, .02, and Idaho Code 39-114.
    Fee due dates in IDAPA 58.01.01.620.01 were changed from ``at least 
seven (7) days prior to the proposed burn date'' to ``within thirty 
(30) days following the receipt of the annual burn fee invoice.'' This 
revision does not change the burn fee amounts, rather it only changes 
when the fee is due. Idaho revised IDAPA 58.01.01.620.02 to clarify 
that IDEQ will not accept or process registration for a permit by rule 
to burn for any person having burn fees delinquent, in full or in part. 
Idaho Code 39-114 (codification of Idaho Senate Bill 1024, Section 4) 
was revised by removing the requirement that fees be paid for acres 
``to be burned'' and the requirement that payment be made ``prior to 
burning'' to align with revisions to IDAPA 58.01.01.620.01.
    These revisions do not change fee structure amounts and do not 
change the timing of the fee payment for spot and bale burn permits 
required under IDAPA 58.01.01.624.02.a. All other CRB requirements 
remain unchanged.

III. Final Action

    EPA is approving, and incorporating by reference in Idaho's SIP, 
revisions to Idaho's CRB fee regulations as requested by Idaho on June 
5, 2019 to the following provisions:
     IDAPA 58.01.01.620 (Burn Fee, state effective April 11, 
2019); and
     Idaho Code 39-114 (Open Burning of Crop Residue, state 
effective February 26, 2019).
    We have determined that the submitted SIP revisions are consistent 
with section 110 of the Clean Air Act (CAA).

IV. Incorporation by Reference

    In this rule, the EPA is approving regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, we are incorporating by reference the provisions described above 
in

[[Page 45919]]

Section III. Final Action. The EPA has made, and will continue to make, 
these documents generally available 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). Therefore, these materials have been approved by the EPA 
for inclusion in the State Implementation Plan, have been incorporated 
by reference by the EPA into that plan, are fully Federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of the EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.

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, 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 this action 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 is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 4, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that the EPA 
can withdraw this direct final rule and address the comment in the 
proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations.

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

    Dated: August 15, 2019.
Michelle L. Pirzadeh,
Acting 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. Amend Sec.  52.670, in the table in paragraph (c), by:
0
a. Revising entry for ``620''; and
0
b. Under the heading ``State Statutes'':
0
i. Removing the entry for ``Section 3 of Senate Bill 1009, codified at 
Idaho Code Section 39-114''; and
0
ii. Adding an entry for ``Section 4 of Senate Bill 1024, codified at 
Idaho Code Section 39-114''.
    The revision and addition read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

[[Page 45920]]



                                   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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                                                  * * * * * * *
620..............................  Burn Fee...........       4/11/2019  9/3/2019, [Insert
                                                                         Federal Register
                                                                         citation].
 
                                                  * * * * * * *
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                                                 State Statutes
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Section 4 of Senate Bill 1024,     Open Burning of           2/26/2019  9/3/2019,..........
 codified at Idaho Code Section     Crop Residue.                       [Insert Federal
 39-114.                                                                 Register citation].
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[FR Doc. 2019-18849 Filed 8-30-19; 8:45 am]
BILLING CODE 6560-50-P


