Air Plan Approval; ID, Updates to Incorporations by Reference, 22083-22086 [2017-09542]
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Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under CAA section 307(b)(1),
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 11, 2017. 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 CAA
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 11, 2017.
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
Subpart C—Alaska
2. In § 52.70, the table in paragraph (e)
is amended by:
■ a. Revising the entry for ‘‘CAA Section
110 Infrastructure Certification
Documentation and Supporting
Documents’’; and
■ b. Adding two entries at the end of the
table for ‘‘110(a)(2) Infrastructure
Requirements—2010 NO2 NAAQS’’ and
‘‘110(a)(2) Infrastructure
Requirements—2010 SO2 NAAQS’’.
The revision and additions read as
follows:
■
§ 52.70
1. The authority citation for part 52
continues to read as follows:
■
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
*
Applicable
geographic or
non-attainment
area
State
submittal
date
*
Name of SIP provision
*
EPA approval date
*
Comments
*
*
*
*
*
*
*
*
*
State of Alaska Air Quality Control Plan: Volume III. Appendices
Section II State Air Quality Control Program
*
CAA Section 110 Infrastructure Certification
Documentation and
Supporting Documents.
*
*
Statewide ..........
*
*
5/12/15
*
5/12/17, [Insert Federal
Register citation].
*
*
Section 110(a)(2) Infrastructure and Interstate Transport
*
110(a)(2) Infrastructure
Requirements—2010
NO2 NAAQS.
*
Statewide ..........
110(a)(2) Infrastructure
Requirements—2010
SO2 NAAQS.
Statewide ..........
[FR Doc. 2017–09533 Filed 5–11–17; 8:45 am]
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*
5/12/15
5/12/15
*
5/12/17, [Insert Federal
Register citation].
5/12/17, [Insert Federal
Register citation].
*
Approves SIP
110(a)(2)(A),
(G), (H), (J),
NAAQS.
Approves SIP
110(a)(2)(A),
(G), (H), (J),
NAAQS.
ENVIRONMENTAL PROTECTION
AGENCY
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[EPA–R10–OAR–2016–0584; FRL–9960–43–
Region 10]
Air Plan Approval; ID, Updates to
Incorporations by Reference
Environmental Protection
Agency (EPA).
AGENCY:
16:29 May 11, 2017
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for purposes of CAA sections
(B), (C), (D)(i)(II), (D)(ii), (E), (F),
(K), (L), and (M) for the 2010 SO2
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve, and incorporate by
reference, portions of Idaho’s April 28,
2016, State Implementation Plan
submittal (SIP submittal) that update the
incorporation by reference of federal air
quality regulations. We note that this
action does not address the changes
SUMMARY:
40 CFR Part 52
VerDate Sep<11>2014
ACTION:
*
*
for purposes of CAA sections
(B), (C), (D)(i)(II), (D)(ii), (E), (F),
(K), (L), and (M) for the 2010 NO2
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Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
Idaho withdrew related to
transportation conformity requirements.
DATES: This rule is effective July 11,
2017, without further notice, unless the
EPA receives adverse comment by June
12, 2017. 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–2016–0584 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.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘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 Orders Review
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I. Background
Section 110 of the Clean Air Act
(CAA) governs the process by which a
state submits air quality protection
requirements to the EPA for approval
into the State Implementation Plan
(SIP). The SIP is the state’s plan to
implement, maintain, and enforce
National Ambient Air Quality Standards
(NAAQS) set by the EPA. Idaho
regularly updates the Rules for the
Control of Air Pollution in Idaho
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16:29 May 11, 2017
Jkt 241001
(IDAPA 58.01.01) to reflect changes to
the NAAQS and to improve
implementation, maintenance, and
enforcement of those standards. We note
that Idaho incorporates by reference
portions of certain federal regulations
directly into the SIP. The state generally
submits an annual update to the EPA to
keep rules consistent with federal
requirements.
II. Analysis of Rule Updates
A. Incorporations by Reference
On April 28, 2016, Idaho submitted
revisions to state air quality rules at
IDAPA 58.01.01 to the EPA for approval
into the SIP. Idaho revised section .03
of IDAPA 58.01.01.107 Incorporations
by Reference by updating the citation
dates that incorporate federal provisions
and the effective dates of the
incorporated federal provisions from
July 1, 2014 to July 1, 2015. IDAPA
58.01.01.107.03.a incorporates by
reference 40 CFR part 51, Requirements
for Preparation, Adoption, and
Submittal of Implementation Plans,
with the exception of certain visibilityrelated provisions, effective as of July 1,
2015. We note that Idaho did not submit
updates to the incorporation of federal
provisions relied on as part of the
State’s nonattainment area major
stationary source preconstruction
permitting program.
IDAPA 58.01.01.03.b, .d, and .e
incorporate the following provisions
effective as of July 1, 2015: National
Primary and Secondary Ambient Air
Quality Standards, 40 CFR part 50;
Ambient Air Monitoring Reference and
Equivalent Methods, 40 CFR part 53;
and Ambient Air Quality Surveillance,
40 CFR part 58. We find that paragraphs
.b, .d, and .e are consistent with CAA
requirements.
IDAPA 58.01.01.03.c 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 effective July 1, 2015. The
EPA promulgated revisions to 40 CFR
52.21 and repealed 52.22 since July 1,
2015 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,1 issued a decision addressing the
application of PSD permitting to
greenhouse gas (GHG) emissions. The
Supreme Court said the EPA may not
treat GHGs as air pollutants for purposes
of determining whether a source is a
1 134
PO 00000
S.Ct. 2427 (2014).
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major source (or modification thereof)
required to obtain a PSD permit. The
Court also said the 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),2 the 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) (removing 40 CFR
51.166(b)(48)(v), 52.21(b)(49)(v), 52.22,
70.12, and 71.13). In addition, the 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 adoption 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),3 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. The Idaho SIP currently
contains the vacated GHG provisions
(through the incorporation by reference
of a previous version of 40 CFR 52.21),
so the EPA’s approval of the CFR
incorporation by reference update to
July 1, 2015 does not change the Idaho
SIP with respect to the vacated
provisions. However, the now-vacated
portions of 40 CFR 52.21 incorporated
into the Idaho SIP-approved PSD
program are no longer enforceable. The
EPA believes this portion of the Idaho
SIP should be revised in light of the D.C.
Circuit’s Amended Judgment, but the
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
the EPA’s regulations are unlawful.
Further, Idaho has advised the EPA that
2 Coalition for Responsible Regulation v. EPA,
Nos. 09–1322, 10–073, 10–1092, and 10–1167
(April 15, 2015).
3 Idaho’s 2015 adoption by reference did not
include the additional revisions to the permit
rescission provisions in 40 CFR 52.21(w) published
on November 7, 2016. 81 FR 78043. These revisions
did not specifically relate to GHGs.
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it is not currently enforcing these
provisions in light of the Supreme Court
decision and that the Idaho Department
of Environmental Quality has adopted
an update to its incorporation by
reference of the CFR, including the
August 19, 2015 revisions to 40 CFR
52.21 and 52.22, which update awaits
final approval by the Idaho Legislature,
likely to occur in March of 2017. We are
therefore approving paragraph .c with
the understanding that the GHG
provisions vacated by the court
decisions cannot be implemented and
are not being enforced by Idaho. We are
also approving Idaho’s revisions to
IDAPA 58.01.01.03.a, .b, .d, and .e as
described in this section.
B. Procedures and Requirements for
Permits To Construct
Idaho revised IDAPA 58.01.01.200
Procedures and Requirements for
Permits to Construct to clarify that the
state incorporates the federal definitions
of ‘‘major stationary source’’ and ‘‘major
modification’’ applicable in attainment
and unclassifiable areas, in addition to
the federal definitions of those terms
applicable in nonattainment areas,
effective as of the citation date in
IDAPA 58.01.01.107, which is July 1,
2015. We are approving the
clarification.
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III. Final Action
The EPA is approving and
incorporating by reference the following
revisions to the Idaho SIP submitted on
April 28, 2016:
• IDAPA 58.01.01.107 Incorporations
by Reference, except .03.f through .p,
and with respect to .a, the incorporation
by reference of 40 CFR 51.165 (State
effective March 25, 2016); and
• IDAPA 58.01.01.200 Procedures
and Requirements for Permits to
Construct (State effective March 25,
2016).
We note that this action does not
address the changes to IDAPA
58.01.01.107.q, .563, and .564 related to
transportation conformity requirements.
Idaho withdrew these three revisions.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference as described
in the amendments to 40 CFR part 52 set
forth below. 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 federallyenforceable under sections 110 and 113
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16:29 May 11, 2017
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of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference by
the Director of the Federal Register in
the next update to the SIP compilation.4
The EPA has made, and will continue
to make, these materials generally
available through https://
www.regulations.gov and/or at the EPA
Region 10 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble).
V. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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);
• 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
4 62
PO 00000
FR 27968 (May 22, 1997).
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22085
• 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, 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 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 July 11, 2017. 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,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 7, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
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Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.670
*
Subpart N—Idaho
Identification of plan.
*
*
(c) * * *
*
*
2. In § 52.670, the table in paragraph
(c) is amended by revising entries ‘‘107’’
and ‘‘200’’ to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED IDAHO REGULATIONS AND STATUTES
State citation
State
effective
date
Title/subject
EPA
approval
date
Explanations
Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho
*
107 ...................
*
Incorporation by Reference.
*
3/25/2016, 3/20/2014,
3/30/2007, 7/1/1997,
5/1/1994.
*
*
5/12/2017, [insert Federal Register citation].
*
200 ...................
*
Procedures and Requirements for Permits to Construct.
*
3/25/2016 .....................
*
*
5/12/2017, [insert Federal Register citation].
*
*
*
*
*
*
*
*
This direct final rule is effective
July 11, 2017 without further notice,
unless EPA receives adverse comment
by June 12, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Air Plan Approval; North Carolina
Repeal of Transportation Facilities
Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is taking action
to approve a State Implementation Plan
(SIP) revision, submitted by the North
Carolina Department of Environmental
Quality through the Division of Air
Quality (DAQ) on September 16, 2016,
for the purpose of removing the
statewide transportation facilities rules.
The State provided a Clean Air Act
section 110(l) noninterference
demonstration establishing that removal
of the North Carolina transportation
facilities rules will not interfere with the
maintenance of the 8-hour carbon
monoxide standard or any other
national ambient air quality standards
(NAAQS). EPA is approving this SIP
revision because the DAQ has
demonstrated that it is consistent with
the Clean Air Act (CAA or Act).
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SUMMARY:
16:29 May 11, 2017
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0614 at https://
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 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. 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.
ADDRESSES:
[EPA–R04–OAR–2016–0614; FRL–9961–74–
Region 4]
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FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
PO 00000
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*
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*
*
*
DATES:
[FR Doc. 2017–09542 Filed 5–11–17; 8:45 am]
VerDate Sep<11>2014
*
*
*
Except Section 107.03.f through 107.03.p, and
with respect to 107.03.a the incorporation by
reference of 40 CFR 51.165.
*
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9222.
Ms. Sheckler can also be reached via
electronic mail at sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In 1978, EPA designated Mecklenburg
County, North Carolina (hereinafter the
‘‘Charlotte Area’’) as nonattainment for
the NAAQS for carbon monoxide (CO).
Then, under the CAA amendments of
1990, the Charlotte Area was designated
as ‘‘not-classifiable’’ and had five years
to attain the CO NAAQS (i.e., November
15, 1995). On November 15, 1990,
Durham and Wake Counties (hereinafter
the ‘‘Raleigh-Durham/Chapel Hill
Area’’) and Forsyth County (hereinafter
the ‘‘Winston-Salem Area’’) in North
Carolina were designated as ‘‘moderate’’
nonattainment and had until December
31, 1995, to attain the standard.
In April 1994, DAQ submitted a
request to EPA to redesignate the
Winston-Salem Area to attainment
status, and in November 1994, EPA
approved the maintenance plan for CO
(59 FR 48402), and redesignated the area
to attainment/maintenance for CO. Next,
in 1995, EPA approved the Charlotte
and Raleigh-Durham/Chapel Hill Areas’
maintenance plans for CO and
redesignated the area to attainment/
maintenance for CO (60 FR 39262). In
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]]>Agencies
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22083-22086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09542]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2016-0584; FRL-9960-43-Region 10]
Air Plan Approval; ID, Updates to Incorporations by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve, and incorporate by reference, portions of
Idaho's April 28, 2016, State Implementation Plan submittal (SIP
submittal) that update the incorporation by reference of federal air
quality regulations. We note that this action does not address the
changes
[[Page 22084]]
Idaho withdrew related to transportation conformity requirements.
DATES: This rule is effective July 11, 2017, without further notice,
unless the EPA receives adverse comment by June 12, 2017. 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-2016-0584 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.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``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 Orders Review
I. Background
Section 110 of the Clean Air Act (CAA) governs the process by which
a state submits air quality protection requirements to the EPA for
approval into the State Implementation Plan (SIP). The SIP is the
state's plan to implement, maintain, and enforce National Ambient Air
Quality Standards (NAAQS) set by the EPA. Idaho regularly updates the
Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01) to
reflect changes to the NAAQS and to improve implementation,
maintenance, and enforcement of those standards. We note that Idaho
incorporates by reference portions of certain federal regulations
directly into the SIP. The state generally submits an annual update to
the EPA to keep rules consistent with federal requirements.
II. Analysis of Rule Updates
A. Incorporations by Reference
On April 28, 2016, Idaho submitted revisions to state air quality
rules at IDAPA 58.01.01 to the EPA for approval into the SIP. Idaho
revised section .03 of IDAPA 58.01.01.107 Incorporations by Reference
by updating the citation dates that incorporate federal provisions and
the effective dates of the incorporated federal provisions from July 1,
2014 to July 1, 2015. IDAPA 58.01.01.107.03.a incorporates by reference
40 CFR part 51, Requirements for Preparation, Adoption, and Submittal
of Implementation Plans, with the exception of certain visibility-
related provisions, effective as of July 1, 2015. We note that Idaho
did not submit updates to the incorporation of federal provisions
relied on as part of the State's nonattainment area major stationary
source preconstruction permitting program.
IDAPA 58.01.01.03.b, .d, and .e incorporate the following
provisions effective as of July 1, 2015: National Primary and Secondary
Ambient Air Quality Standards, 40 CFR part 50; Ambient Air Monitoring
Reference and Equivalent Methods, 40 CFR part 53; and Ambient Air
Quality Surveillance, 40 CFR part 58. We find that paragraphs .b, .d,
and .e are consistent with CAA requirements.
IDAPA 58.01.01.03.c 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
effective July 1, 2015. The EPA promulgated revisions to 40 CFR 52.21
and repealed 52.22 since July 1, 2015 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,\1\ issued a
decision addressing the application of PSD permitting to greenhouse gas
(GHG) emissions. The Supreme Court said the 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 the 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),\2\ the 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) (removing 40 CFR 51.166(b)(48)(v),
52.21(b)(49)(v), 52.22, 70.12, and 71.13). In addition, the 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).
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\1\ 134 S.Ct. 2427 (2014).
\2\ Coalition for Responsible Regulation v. EPA, Nos. 09-1322,
10-073, 10-1092, and 10-1167 (April 15, 2015).
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Idaho's adoption 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),\3\
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. The Idaho
SIP currently contains the vacated GHG provisions (through the
incorporation by reference of a previous version of 40 CFR 52.21), so
the EPA's approval of the CFR incorporation by reference update to July
1, 2015 does not change the Idaho SIP with respect to the vacated
provisions. However, the now-vacated portions of 40 CFR 52.21
incorporated into the Idaho SIP-approved PSD program are no longer
enforceable. The EPA believes this portion of the Idaho SIP should be
revised in light of the D.C. Circuit's Amended Judgment, but the 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 the EPA's regulations are
unlawful. Further, Idaho has advised the EPA that
[[Page 22085]]
it is not currently enforcing these provisions in light of the Supreme
Court decision and that the Idaho Department of Environmental Quality
has adopted an update to its incorporation by reference of the CFR,
including the August 19, 2015 revisions to 40 CFR 52.21 and 52.22,
which update awaits final approval by the Idaho Legislature, likely to
occur in March of 2017. We are therefore approving paragraph .c with
the understanding that the GHG provisions vacated by the court
decisions cannot be implemented and are not being enforced by Idaho. We
are also approving Idaho's revisions to IDAPA 58.01.01.03.a, .b, .d,
and .e as described in this section.
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\3\ Idaho's 2015 adoption by reference did not include the
additional revisions to the permit rescission provisions in 40 CFR
52.21(w) published on November 7, 2016. 81 FR 78043. These revisions
did not specifically relate to GHGs.
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B. Procedures and Requirements for Permits To Construct
Idaho revised IDAPA 58.01.01.200 Procedures and Requirements for
Permits to Construct to clarify that the state incorporates the federal
definitions of ``major stationary source'' and ``major modification''
applicable in attainment and unclassifiable areas, in addition to the
federal definitions of those terms applicable in nonattainment areas,
effective as of the citation date in IDAPA 58.01.01.107, which is July
1, 2015. We are approving the clarification.
III. Final Action
The EPA is approving and incorporating by reference the following
revisions to the Idaho SIP submitted on April 28, 2016:
IDAPA 58.01.01.107 Incorporations by Reference, except
.03.f through .p, and with respect to .a, the incorporation by
reference of 40 CFR 51.165 (State effective March 25, 2016); and
IDAPA 58.01.01.200 Procedures and Requirements for Permits
to Construct (State effective March 25, 2016).
We note that this action does not address the changes to IDAPA
58.01.01.107.q, .563, and .564 related to transportation conformity
requirements. Idaho withdrew these three revisions.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference as described
in the amendments to 40 CFR part 52 set forth below. 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 by the Director of the Federal
Register in the next update to the SIP compilation.\4\ The EPA has
made, and will continue to make, these materials generally available
through https://www.regulations.gov and/or at the EPA Region 10 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble).
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\4\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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);
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).
In addition, 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 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 July 11, 2017. 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, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 7, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
[[Page 22086]]
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 revising
entries ``107'' and ``200'' to read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Idaho Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------
* * * * * * *
107...................... Incorporation by 3/25/2016, 3/20/ 5/12/2017, [insert Except Section
Reference. 2014, 3/30/2007, 7/ Federal Register 107.03.f through
1/1997, 5/1/1994. citation]. 107.03.p, and with
respect to
107.03.a the
incorporation by
reference of 40
CFR 51.165.
* * * * * * *
200...................... Procedures and 3/25/2016........... 5/12/2017, [insert ...................
Requirements for Federal Register
Permits to citation].
Construct.
* * * * * * *
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* * * * *
[FR Doc. 2017-09542 Filed 5-11-17; 8:45 am]
BILLING CODE 6560-50-P
