[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Rules and Regulations]
[Pages 67189-67191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26397]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2019-0403; FRL-10002-75-Region 10]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking 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 recommendations from Idaho's Crop Residue 
Advisory Committee.

DATES: This rule is effective on January 8, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2019-0403. All documents in the docket are listed on 
https://www.regulations.gov website. Publicly available docket 
materials are available either 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, or 
ruddick.randall@epa.gov, Environmental Protection Agency, Region 10, 
Air Planning Section, Air and Radiation Division, 1200 Sixth Avenue, 
Suite 155-15-H13, Seattle, Washington 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. Response to Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

[[Page 67190]]

I. Background

    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. Specifically, 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 from any person with 
delinquent burn fees, in full or in part. Idaho Code 39-114 
(codification of Idaho Senate Bill 1024, Section 4) was revised by 
removing 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.
    EPA published a direct final rule on September 3, 2019 (84 FR 
45918), approving Idaho's requested revisions to the SIP, along with a 
proposed rule (84 FR 45930) that provided a 30-day public comment 
period. EPA received one anonymous comment during the public comment 
period. Consequently, the direct final rule on this approval was 
withdrawn on October 21, 2019 (84 FR 56121). After consideration of the 
comment, we do not believe any changes in the rationale or conclusions 
in the proposed approval are appropriate. A summary of the comment as 
well as EPA's response is described below.

II. Response to Comment

    Comment: The EPA received one comment. The commenter acknowledged 
that the EPA's action only addressed the timing of CRB fees payment, 
but stated that the commenter is ``concerned as to whether or not the 
environment is being fully considered.'' The commenter's main concerns 
relate to failure to pay and that the proposed change ``may also 
provide incentive for future fee evasion.'' The commenter states paying 
fees prior to burning ensures fees are paid while allowing payment 
after the burn does not ensure payment; and asserts that ``Ensuring 
payment should precede streamlining payment processes.''
    Response: We disagree with the commenter's assertions IDEQ's 
revisions to the CRB rules provide an incentive for fee evasion and 
promote environmental degradation. First, the substantive requirements 
for conducting open burning in Idaho have not changed. IDAPA 
58.01.01.622 General Provisions states ``All persons intending to 
dispose of crop residue through burning shall abide by the following 
provisions.'' The provisions include a requirement that IDEQ has 
designated that day as a burn day based on meteorological and ambient 
air conditions and that the permittee has received an individual 
approval specifying the conditions under which the burn may be 
conducted. In addition, IDAPA 58.01.01.622.01.f requires anyone 
intending to burn crop residue to attend a crop residue burning 
training session. Second, the rules contain significant disincentives 
to evade or fail to pay fees after receiving permission to burn. IDAPA 
58.01.01.620.02 provides that IDEQ will not accept or process a 
registration for a permit for any person having delinquent fees, in 
full or part. In addition, anyone burning in violation of the CRB rules 
is subject to a fine of up to $10,000 for each violation under Idaho 
Statute 39-108(5). We, therefore, have not made any changes to the 
rationale or conclusions in the proposed approval based on the comment 
received.

III. Final Action

    The 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 Section III. Final Action. The EPA has made, and will continue to 
make, these documents generally available electronically through http://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

[[Page 67191]]

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 February 7, 2020. 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. 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: November 14, 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. AmendSec.  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 revisions and addition read as follows:


Sec.  52.670  Identification of plan.

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    (c) * * *

                                   EPA-Approved Idaho Regulations and Statutes
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                                                      State effective
         State citation             Title/subject           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  12/09/2019, [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  12/09/2019, [Insert
 codified at Idaho Code Section        Crop Residue                      Federal Register
 39-114.                                                                 citation].
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[FR Doc. 2019-26397 Filed 12-6-19; 8:45 am]
 BILLING CODE 6560-50-P


