[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Proposed Rules]
[Pages 77544-77546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27477]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0719, FRL-10254-01-R10]


Air Plan Approval; ID; Incorporation by Reference Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
a revision to the Idaho State Implementation Plan (SIP) submitted on 
May 4, 2022. The submission updates the incorporation by reference of 
the national ambient air quality standards and related planning and 
monitoring requirements into the Idaho air quality rules as of July 1, 
2021. Idaho undertakes such updates regularly to ensure the state air 
quality rules and the federally enforceable Idaho SIP remain consistent 
with EPA air quality regulations over time.

DATES: Comments must be received on or before January 18, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0719, at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from www.regulations.gov. The EPA may publish any comment 
received to its public docket. Do not electronically submit any 
information you consider to be Confidential Business Information or 
other information the disclosure of which 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 Confidential Business 
Information or multimedia submissions, and general guidance on making 
effective comments, please visit

[[Page 77545]]

www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Evaluation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Section 110 of the Clean Air Act requires each state to submit a 
State Implementation Plan (SIP) to attain and maintain the national 
ambient air quality standards promulgated by the EPA. To stay up to 
date with changes to the standards and related planning and monitoring 
requirements, Idaho incorporates certain Federal provisions by 
reference into state air quality rules as of a specific date. Each 
year, Idaho updates the citation date and submits the revised state air 
quality rules to the EPA for approval into the Idaho SIP.

II. Evaluation

    On May 3, 2022, Idaho submitted such an update. In the submission, 
Idaho revised the date by which specific Federal provisions are 
incorporated by reference into the state air quality rules from July 1, 
2020 to July 1, 2021. Specifically, these Federal provisions are 
incorporated in IDAPA 58.01.01.107 Federal Regulations Incorporated by 
Reference, section 03, paragraphs a through e, and consist of the 
following:
     National Primary and Secondary Ambient Air Quality 
Standards, 40 Code of Federal Regulations (CFR) part 50;
     Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, 40 CFR part 51, with the exception of certain 
visibility-related provisions;
     Approval and Promulgation of Implementation Plans, 40 CFR 
part 52, subparts A and N, and appendices D and E;
     Ambient Air Monitoring Reference and Equivalent Methods, 
40 CFR part 53; and
     Ambient Air Quality Surveillance, 40 CFR part 58.
    Between the current SIP-approved adoption date of July 1, 2020 and 
the revised adoption date of July 1, 2021, the EPA made no changes to 
40 CFR parts 50, 53, and 58. With respect to 40 CFR part 51, the EPA 
revised the continuous emissions monitoring reporting requirements in 
Appendix P to make SIP-related reporting more consistent with similar 
reporting under the New Source Performance Standards and National 
Emissions Standards for Hazardous Air Pollutants.\1\ Specifically, 
certain source categories \2\ subject to SIP requirements must, at a 
minimum, report excess emissions semi-annually instead of quarterly.
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    \1\ 85 FR 49596, August 14, 2020.
    \2\ The covered source categories are: fossil fuel-fired steam 
generators; fluid bed catalytic cracking unit catalyst regenerators 
at petroleum refineries; sulfuric acid plants; and nitric acid 
plants.
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    The EPA also revised 40 CFR part 52 to update the requirements for 
certain states to address the interstate transport of pollutants in the 
eastern part of the United States.\3\ We note this rulemaking does not 
apply in Idaho. Additionally, the EPA revised the 40 CFR 52.21 major 
new source review applicability regulations to clarify when the 
requirement to obtain a major new source review permit applies to a 
source proposing to undertake a physical change or a change in the 
method of operation (i.e., a project) under the major new source review 
pre-construction permitting programs.\4\
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    \3\ 86 FR 23054, April, 30, 2021.
    \4\ 85 FR 74890, November 24, 2020.
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    Finally, the EPA revised 40 CFR part 52 subpart N to approve 
changes to the Idaho SIP, including an update to the incorporation by 
reference of EPA regulations, revisions to address interstate transport 
requirements, and a change to redesignate to attainment the Idaho 
portion of the Logan, Utah-Idaho fine particulate matter nonattainment 
area.\5\
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    \5\ 85 FR 73632, November 19, 2020; 85 FR 65722, October 16, 
2020; 86 FR 18457, April 9, 2021; 86 FR 27532, May 21, 2021.
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    Idaho's revisions to IDAPA 58.01.01.107, section 03, paragraphs a 
through e have the effect of incorporating into the Idaho SIP the 
revisions to 40 CFR parts 51 and 52 described above. After reviewing 
the submission, we have made the preliminary determination that the 
submitted updates are consistent with Federal regulations and Clean Air 
Act requirements.

III. Proposed Action

    The EPA proposes to approve and incorporate by reference revisions 
to the Idaho SIP submitted on May 4, 2022. Upon final approval, the 
Idaho SIP will include IDAPA 58.01.01.107 Incorporation by Reference, 
subsection 03, paragraphs a through e, state effective March 24, 2022. 
As described in section II of this preamble, this provision 
incorporates the national ambient air quality standards and related 
planning and monitoring requirements as of July 1, 2021.

IV. Incorporation by Reference

    In this document, the 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, the EPA is proposing to incorporate by 
reference the provisions described in section III of this preamble. 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).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
State Implementation Plan submission that complies with the provisions 
of the Clean Air Act and applicable Federal regulations. 42 U.S.C. 
7410(k); 40 CFR 52.02(a). Thus, in reviewing State Implementation Plan 
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);
     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);

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     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 the requirements would be inconsistent 
with the Clean Air Act; 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).
    In addition, this proposed rulemaking would not apply on any Indian 
reservation land or in any other area in Idaho where the EPA or an 
Indian tribe has demonstrated that a tribe has jurisdiction. In those 
areas of Indian country, the proposed rulemaking would not have tribal 
implications 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: December 13, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2022-27477 Filed 12-16-22; 8:45 am]
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