Approval and Promulgation of Implementation Plans; Idaho, 13058-13066 [2010-5965]
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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules
TABLE TO § 3.317—LONG-TERM HEALTH EFFECTS POTENTIALLY ASSOCIATED WITH INFECTIOUS DISEASES—Continued
B
A
Disease
Campylobacter jejuni ...................................................................................
Coxiella burnetii (Q fever) ...........................................................................
Malaria .........................................................................................................
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Mycobacterium tuberculosis ........................................................................
•
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•
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Nontyphoid Salmonella ...............................................................................
Shigella ........................................................................................................
•
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Visceral leishmaniasis .................................................................................
•
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West Nile virus ............................................................................................
(e) Service. For purposes of this
section:
(1) The term Persian Gulf veteran
means a veteran who served on active
military, naval, or air service in the
Southwest Asia theater of operations.
(2) The Southwest Asia theater of
operations refers to Iraq, Kuwait, Saudi
Arabia, the neutral zone between Iraq
and Saudi Arabia, Bahrain, Qatar, the
United Arab Emirates, Oman, the Gulf
of Aden, the Gulf of Oman, the Persian
Gulf, the Arabian Sea, the Red Sea, and
the airspace above these locations
during the Persian Gulf War.
•
Fatigue, inattention, amnesia, and depression.
´
Guillain-Barre syndrome.
Hepatic abnormalities, including granulomatous hepatitis.
Multifocal choroiditis.
Myelitis-radiculoneuritis.
Nummular keratitis.
Papilledema.
Optic neuritis.
Orchioepididymitis and infections of the genitourinary system.
Sensorineural hearing loss.
Spondylitis.
Uveitis.
´
Guillain-Barre syndrome if manifest within 2 months of the infection.
Reactive Arthritis if manifest within 3 months of the infection.
Uveitis if manifest within 1 month of the infection.
Chronic hepatitis.
Endocarditis.
Osteomyelitis.
post-Q-fever chronic fatigue syndrome.
Vascular infection.
Demyelinating polyneuropathy.
´
Guillain-Barre syndrome.
Hematologic manifestations (particularly anemia after falciparum
malaria and splenic rupture after vivax malaria).
Immune-complex glomerulonephritis.
Neurologic disease, neuropsychiatric disease, or both.
Ophthalmologic manifestations, particularly retinal hemorrhage and
scarring.
Plasmodium falciparum.
Plasmodium malariae.
Plasmodium ovale.
Plasmodium vivax.
Renal disease, especially nephrotic syndrome.
Active tuberculosis.
Long-term adverse health outcomes due to irreversible tissue damage from severe forms of pulmonary and extrapulmonary tuberculosis and active tuberculosis.
Reactive Arthritis if manifest within 3 months of the infection.
Hemolytic-uremic syndrome if manifest within 1 month of the infection.
Reactive Arthritis if manifest within 3 months of the infection.
Delayed presentation of the acute clinical syndrome.
Post-kala-azar dermal leishmaniasis if manifest within 2 years of
the infection.
Reactivation of visceral leishmaniasis in the context of future
immunosuppression.
Variable physical, functional, or cognitive disability.
Editorial Note: This document was
received in the Office of the Federal Register
on March 15, 2010.
ENVIRONMENTAL PROTECTION
AGENCY
[FR Doc. 2010–5980 Filed 3–17–10; 8:45 am]
40 CFR Part 52
BILLING CODE P
[EPA–R10–OAR–2008–0482; FRL–9128–3]
Approval and Promulgation of
Implementation Plans; Idaho
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
numerous revisions to the Idaho State
Implementation Plan (SIP) that were
submitted to EPA by the State of Idaho
Authority: 38 U.S.C. 1117, 1118.
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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Proposed Rules
on May 22, 2003, April 2, 2004, July 13,
2005, May 5, 2006, April 16, 2007, May
12, 2008, and June 8, 2009. The
revisions were submitted in accordance
with the requirements of section 110
and part D of the Clean Air Act
(hereinafter the Act or CAA). EPA is
taking no action in this rulemaking on
a number of submitted rule revisions
that are unrelated to the purposes of the
implementation plan.
DATES: Comments must be received on
or before April 19, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2008–0482, by any of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: R10Public_Comments@epa.gov.
• Mail: Donna Deneen, EPA Region
10, Office of Air, Waste and Toxics
(AWT–107), 1200 Sixth Avenue, Suite
900, Seattle, WA 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101. Attention: Donna
Deneen, Office of Air, Waste and Toxics,
AWT–107. Such deliveries are only
accepted during normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2008–
0482. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., 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.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics EPA
Region 10, 1200 Sixth Avenue, Seattle,
WA 98101.
FOR FURTHER INFORMATION CONTACT:
Donna Deneen at telephone number:
(206) 553–6706, e-mail address:
deneen.donna@epa.gov, or the above
EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA. Information is organized as
follows:
Table of Contents
I. Purpose of Proposed Action
II. Background for Proposed Action
III. Idaho SIP Revisions
A. Annual Incorporation by Reference
(IBR) of Federal Regulations
B. New Source Review (NSR) Regulations
C. Permit To Construct Exemptions
D. Permitting Fees
E. Soil Vapor Extraction
F. Hospital/Medical/Infectious Waste
Incinerators
G. Permit Clarifications
H. Title V Operating Permit Fees
I. Regulated Air Pollutants
J. Procedure for Transfer of Permits To
Construct and Tier II Operating Permits
K. Mercury
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L. Sulfur Content of Fuels
IV. EPA’s Proposed Action
A. Rules To Approve Into SIP
B. Rules on Which No Action Is Taken
C. Scope of Proposed Action
V. Statutory and Executive Order Reviews
I. Purpose of Proposed Action
The purpose of this action is to
propose approval of multiple revisions
to Idaho’s SIP that were submitted to
EPA by the State of Idaho Department
of Environmental Quality (IDEQ) on
May 22, 2003, April 2, 2004, July 13,
2005, May 5, 2006, April 16, 2007, May
12, 2008 and June 8, 2009. The SIP
submittals revise and amend IDEQ’s
Rules for the Control of Air Pollution in
Idaho (IDAPA 58.01.01) currently in the
federally approved Idaho SIP (Code of
Federal Regulations Part 52, subpart N).
This action will update the federally
approved SIP to reflect changes to
IDAPA 58.01.01 that were made by
IDEQ and reviewed and deemed
approvable into the SIP. The proposed
SIP revisions are explained in more
detail below along with our evaluation
of how these rules comply with the
requirements for SIPs and the basis for
our action.
II. Background for Proposed Action
Title I of the CAA, as amended by
Congress in 1990, specifies the general
requirements for states to submit SIPs to
attain and/or maintain the National
Ambient Air Quality Standards
(NAAQS) and EPA’s actions regarding
approval of those SIPs. With this action
we are proposing approval of multiple
SIP submittals and further background
for each one is provided in the section
below. We are taking no action on some
of the provisions in some submittals
because they are not related to the
criteria pollutants regulated under title
I of the Act or the requirements for SIPs
under section 110 of the Act.
III. Idaho SIP Revisions
Table 1 includes a list of each SIP
submittal including the submittal date,
title and sections of IDAPA 58.01.01
that are revised. The paragraphs that
follow Table 1 include further
information for each SIP submittal
including a summary of the submittal
with relevant background information
and analysis to support our action.
TABLE 1—IDEQ SIP SUBMITTALS ADDRESSED IN THIS ACTION
Date of submittal
Title (with IDEQ Docket No.)
05/22/2003 1 ......
Soil Vapor Extraction (58–0101–0102) ....................................
2001 IBR of Federal Regulations (58–0101–0103) .................
Hospital/Medical/Infectious Waste Incinerators (58–0101–
0103).
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Sections of IDAPA 58.01.01 revised or amended
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58.01.01.210.
58.01.01.008 and 107.
58.01.01.861.
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TABLE 1—IDEQ SIP SUBMITTALS ADDRESSED IN THIS ACTION—Continued
Date of submittal
Title (with IDEQ Docket No.)
Sections of IDAPA 58.01.01 revised or amended
Permit Clarification (58–0101–0202) ........................................
58.01.01.209, 213, 228, 313, 317, 395, 410, 511, 581, 700
and 710–724.
58.01.01.008 and 107.
58.01.01.01.006, 007, 200–202, 209, 224–228, 400–402,
404, 407–410, 470, 800–802.
58.01.01.387–399.
58.01.01.008 and 107.
58.01.01.006, 200, 202, 204, 205, 206, 209, 225 and 401.
58.01.01.220 and 222.
58.01.01.008, 107, 200, 204 and 205.
58.01.01.006–008, 133–135, 155, 213, 220, 440–442, 460,
511–513, 560–561, 575, 581, and 679.
58.01.01.008, 107, 200, 204 and 205.
58.01.01.006, 007, 209, and 404.
2002 IBR of Federal Regulations (58–0101–0202) .................
Permitting Fees (58–0101–0104) .............................................
04/02/2004 ........
07/13/2005 ........
05/05/2006 2 ......
04/16/2007 ........
05/12/2008 ........
06/08/2009 1 ......
Title V Operating Permit Fees (58–0101–0203) ......................
2003 IBR of Federal Regulations (58–0101–0301) .................
New Source Review (58–0101–0304) .....................................
Permit to Construct Exemptions (58–0101–0401) ...................
2004 IBR of Federal Regulations (58–0101–0402) .................
Regulated Air Pollutants (58–0101–0503) ...............................
2005 IBR of Federal Regulations (58–0101–0505) .................
Procedure for Transfer of Permit to Construct and Tier II permits (58–0101–0506).
Permit to Construct Exemptions (58–0101–0507) ...................
2006 IBR of Federal Regulations (58–0101–0602) .................
Mercury (58–0101–0603) .........................................................
2007 IBR of Federal Regulations (58–0101–0701) .................
Sulfur Content of Fuels (58–0101–0703) .................................
2008 IBR of Federal Rules (58–0101–0802) ...........................
58.01.01.222.
58.01.01.008, 107, 200, 204, 205.
58.01.01.199.
58.01.01.008, 107, 200, 204, 205.
58.01.01.725.
58.01.01.008 and 107.
1 The May 22, 2003 and June 8k 2009 SIP submittals included IDEQ SIP revisions for the control of nonmetallic mineral processing plants
(IDEQ Docket 58–0101–0002 and a portion of Docket 58–0101–0002), which will be acted on in a separate action.
2 The May 6, 2006 submittal included IDEQ’s SIP revision for the facility emissions cap (IDEQ Docket 58–0101–0508) which will be acted on in
a separate action.
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A. Annual Incorporation by Reference
(IBR) of Federal Regulations
IDAPA 58.01.01 incorporates by
reference various portions of Federal
regulations codified in the Code of
Federal Regulations (CFR). However,
when a Federal regulation originally
incorporated by reference into IDAPA
58.01.01 on a specific date is
subsequently changed, IDAPA 58.01.01
becomes out of date and, in some cases,
inconsistent with the revised version of
the Federal regulation. To avoid
potential inconsistencies and keep
IDAPA 58.01.01 up to date with changes
in Federal regulations, IDEQ submits a
revision to its SIP on an annual basis
updating the IBR citations in IDAPA
58.01.01 so they reflect any changes
made to the Federal regulations during
that year.
Annual Incorporation of Federal
Regulations by Reference SIPs for the
years 2001 through 2008 were submitted
to EPA on May 22, 2003, April 2, 2004,
July 13, 2005, May 5, 2006, April 16,
2007, May 12, 2008 and June 8, 2009,
respectively. Because the most recent
annual IBR submittals of May 12, 2008
(including the 2007 Annual IBR) and
June 8, 2009 (including the 2008 Annual
IBR) supersede the Annual IBR updates
for 2001 through 2006, they are the most
recent and only versions of certain
sections of IDAPA 58.01.01 that need to
be incorporated into the SIP. The 2007
Annual IBR changed the way Federal
regulations are incorporated by
reference into IDAPA 58.01.01.200, 204
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and 205. Specifically, rather than listing
the IBR of Federal regulations in each of
these three sections, IDAPA
58.01.01.200, 204 and 205 now include
language stating that the applicable
Federal regulations are incorporated by
reference into the rules at section 107.
This revision simplifies future annual
IBR updates by minimizing the sections
of IDAPA 58.01.01 that need to be
revised each year. The 2008 Annual IBR
includes the most recent revisions to
IDAPA 58.01.01.107 incorporating
Federal regulations updated as of July 1,
2008.
The 2007 Annual IBR was subject to
a public hearing on September 6, 2007,
adopted by the Board of Environmental
Quality on October 10, 2007, and
became effective on April 2, 2008. The
revisions to IDAPA 58.01.01.200, 204
and 205 with the effective date of April
2, 2008 are proposed for incorporation
into the SIP. The 2008 Annual IBR was
subject to a public hearing on
September 9, 2008, adopted by the
Board of Environmental Quality on
October 9, 2008, and became effective
on May 8, 2009. The revisions to IDAPA
58.01.01.107 with an effective date of
May 8, 2009 are proposed to be
approved into the SIP with the
exception of subsections 107.03 (g)
through (n) and (p) which are not
related to the criteria pollutants
regulated under title I of the Act or the
requirements for SIPs under section 110
of the Act (see prior discussion in 67 FR
52666). Similarly, the revisions to
IDAPA 58.01.01.008 are not being acted
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on since they are related to Idaho’s
Tier I Operating Permit Program
required under title V of the Act and are
not part of the SIP.
B. New Source Review (NSR)
Regulations
Parts C and D of title I of the CAA,
42 U.S.C. 7470–7515, set forth
preconstruction review and permitting
programs applicable to new and
modified stationary sources of air
pollutants regulated under the CAA,
known as ‘‘major New Source Review’’
or ‘‘major NSR.’’ The major NSR
programs of the CAA include a
combination of air quality planning and
air pollution control technology
program requirements. States adopt
major NSR programs as part of their SIP.
Part C is the ‘‘Prevention of Significant
Deterioration’’ or ‘‘PSD’’ program, which
applies in areas that meet the NAAQS
(i.e., ‘‘attainment’’ areas) as well as in
areas for which there is insufficient
information to determine whether the
area meets the NAAQS (i.e.,
‘‘unclassifiable’’ areas). Part D is the
‘‘Nonattainment New Source Review’’ or
the ‘‘NNSR’’ program, which applies in
areas that are not in attainment of the
NAAQS (i.e., ‘‘nonattainment areas’’).
EPA regulations implementing these
programs are contained in 40 CFR
51.165, 51.166, 52.21, 52.24, and part
51, appendix S.
On December 31, 2002, EPA
published final rule changes to the PSD
and NNSR programs (67 FR 80186) and
on November 7, 2003, EPA published a
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notice of final action on the
reconsideration of the December 31,
2002 final rule changes (68 FR 63021).
In the November 7, 2003 final action,
EPA added the definition of
‘‘replacement unit,’’ and clarified an
issue regarding plantwide applicability
limitations (PALs). The December 31,
2002 and the November 7, 2003 final
actions, are collectively referred to as
the ‘‘2002 NSR Reform Rules.’’
The 2002 NSR Reform Rules made
changes to five areas of the major NSR
programs. In summary, the 2002 Rules:
(1) Provide a new method for
determining baseline actual emissions;
(2) adopt an actual-to-projected-actual
methodology for determining whether a
major modification has occurred; (3)
allow major stationary sources to
comply with PALs to avoid having a
significant emissions increase that
triggers the requirements of the major
NSR program; (4) provide a new
applicability provision for emissions
units that are designated clean units;
and (5) exclude pollution control
projects (PCPs) from the definition of
‘‘physical change or change in the
method of operation.’’
After the 2002 NSR Reform Rules
were finalized and effective (March 3,
2003), various petitioners challenged
numerous aspects of the 2002 NSR
Reform Rules, along with portions of
EPA’s 1980 NSR Rules (45 FR 5276,
August 7, 1980). On June 24, 2005, the
DC Circuit Court issued a decision on
the challenges to the 2002 NSR Reform
Rules. See New York v. United States,
413 F.3d 3 (DC Cir. 2005). In summary,
the DC Circuit Court vacated portions of
the 2002 NSR Reform Rules pertaining
to clean units and PCPs, remanded a
portion of the rules regarding
recordkeeping (40 CFR 52.21(r)(6) and
40 CFR 51.166(r)(6)), and either upheld
or did not comment on the other
provisions included as part of the 2002
NSR Reform Rules. On June 13, 2007 (72
FR 32526), EPA took final action to
revise the 2002 NSR Reform Rules to
remove from Federal law all provisions
pertaining to clean units and the PCP
exemption that were vacated by the DC
Circuit Court.
With regard to the remanded portions
of the 2002 NSR Reform Rules related to
recordkeeping, on December 21, 2007,
EPA took final action to establish that a
‘‘reasonable possibility’’ applies where
source emissions equal or exceed 50
percent of the CAA NSR significance
levels for any pollutant (72 FR 72607).
The ‘‘reasonable possibility’’ provision
identifies for sources and reviewing
authorities the circumstances under
which a major stationary source
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undergoing a modification that does not
trigger major NSR must keep records.
The 2002 NSR Reform Rules require
that State agencies adopt and submit
revisions to their SIP permitting
programs implementing the minimum
program elements of the 2002 NSR
Reform Rules no later than January 2,
2006. On July 13, 2005, IDEQ submitted
revisions to its NSR rules to incorporate
EPA’s NSR reform provisions.
Specifically, IDAPA 58.01.01.006, 200,
202, 204, 205, 206, 209, 225 and 401
were revised to incorporate EPA’s major
NSR reform measures into the existing
rules. The revisions were subject to a
public hearing on June 8, 2004, adopted
by the Board of Environmental Quality
on October 20, 2004, and became
effective in Idaho on April 6, 2005.
Idaho developed these latest revisions
by comparing the Federal major NSR
regulations in 40 CFR parts 51 and 52
to the existing State rules. The primary
sections revised include IDAPA
58.01.01.204 and 205. Rather than
delineate the entire Federal major NSR
rules, Idaho chose to incorporate by
reference the appropriate NSR reform
portions of the Federal program
requirements maintaining the remainder
of its previously approved NSR rules
not affected by the NSR reform. As
noted in section III.A above, IDEQ
submits an annual update to its rules
that IBR Federal regulations, thus
keeping the State’s rules up to date with
changes in the Federal rules.
For a discussion of our approval of
IDEQ’s NSR rules not changed by
IDEQ’s NSR Reform SIP revision, see
EPA’s January 16, 2003 approval of
IDEQ’s NSR rules (68 FR 2217). A
discussion of IDEQ’s July 13, 2005 SIP
revisions to IDAPA 58.01.01.006, 200,
202, 204, 205, 206, 209, 225 to meet the
specific requirements of NSR reform
measures follows. IDAPA 58.01.01.006
General Definitions, was revised to
remove definitions for Major Facility
and Major Modification from the
General Definitions and IDAPA
58.01.01.200 Procedures and
Requirements for Permits to Construct,
was revised to specify that a Major
Facility is a Major Stationary Source as
defined in 40 CFR 52.21(b) and a Major
Modification is a Major Modification as
defined in 40 CFR 52.21(b). IDAPA
58.01.01.202 Application Procedures,
was revised to remove the exceptions
for Major Facilities and Major
Modifications consistent with the
definitional changes in 58.01.01.200.
IDAPA 58.01.01.204 Permit
Requirements for New Major Facilities
or Major Modifications in
Nonattainment Areas, was revised to
expressly state the intent of the rule is
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to incorporate the Federal
nonattainment NSR rule requirements
and includes a table of the sections of
40 CFR 51.165 and 52.21, as revised
through November 7, 2003 1 that are
incorporated by reference including 2:
40 CFR 51.165(a)(1) regarding
definitions; 40 CFR 51.165(a)(2)(ii)
through 51.165(a)(3) regarding
applicability 3; 40 CFR 51.165(a)(6)(i)–
(iv) regarding applicability; and 40 CFR
52.21(aa) regarding Actual PALs, which
meets the provisions of 51.165(f).
IDAPA 58.01.01.205 Permit
Requirements for New Major Facilities
or Major Modifications in Attainment or
Unclassifiable Areas, was revised to
expressly state that the intent of the rule
is to incorporate the Federal PSD rule
requirements and includes a table of the
sections of 40 CFR 52.21, as revised
through November 7, 2003 4 that are
incorporated by reference including 5:
1 IDEQ annually submits updates to its IBR of
Federal rules. Subsequent to the July 13, 2005 SIP
revisions, annual IBR updates have occurred as
outlined in section III.A, making Idaho’s rules
consistent with the changes that have occurred in
the Federal rules though July 2007.
2 The July 13, 2006 submittal also incorporated by
reference 40 CFR 165(c) regarding Clean Unit Test
for Emission Units that are Subject to LAER (Lowest
Achievable Emissions Rate), 40 CFR 165(d)
regarding Clean Unit Provisions for Emission Units
that Achieve an Emission Limitation Comparable to
LAER and 40 CFR 52.21(z)(1)–(3) and (5) regarding
PCP Exclusion Procedural Requirements. However,
on July 24, 2006, IDEQ amended the July 13, 2005
SIP revision requesting that EPA not act on the
clean unit and PCP provisions since these
provisions were being removed from the State rule
consistent with the vacature of these provisions
from the Federal rule.
3 Note this IBR citation was incorrectly cited in
the SIP revision submitted to EPA on July 13, 2005,
and IDEQ has confirmed that that reference was
intended to incorporate by reference 40 CFR
51.165(a)(2)(ii)(A) through 51.165(a)(3)(ii)(J).
Section 51.165(a)(2)(ii) includes sub-paragraphs (A)
through (F) and state plans must also include the
provisions in 165(a)(3)(i) and (ii) (A) through (J). On
September 15, 2008, IDEQ submitted a letter to EPA
stating that the reference in IDAPA 58.01.01.204 to
40 CFR 51.165(a)(2)(ii)(A)–(J) in IDEQ’s original
submittal was in error and had been
administratively corrected to incorporate by
reference 40 CFR 51.165(a)(2)(ii) through
51.165(a)(3).
4 IDEQ annually submits updates to its IBR of
Federal rules. Subsequent to the July 13, 2005 SIP
revisions, annual IBR updates have occurred as
outlined in section III.A above making Idaho’s rules
consistent with the changes that have occurred in
the Federal rules through July 2007.
5 The July 13, 2006 submittal also incorporated by
reference 40 CFR 52.21(x) Clean Unit Test for
Emissions Units that are Subject to Best Available
Control Technology (BACT) or LAER, 40 CFR
52.21(y) Clean Unit Provisions for Emissions Units
that Achieve an Emission Limitation Comparable to
BACT and 40 CFR 52.21(z)(1)–(3) and (6) PCP
Exclusion Procedural Requirements. However, on
July 24, 2006 IDEQ amended the July 13, 2005 SIP
revision by requesting that EPA not act on the clean
unit and PCP provisions since these provisions
were being removed from the State rule consistent
with the vacature of these provisions from the
Federal rule.
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40 CFR 52.21(a)(2) Applicability
Procedures; 40 CFR 52.21(b) Definitions;
40 CFR 52.21(i) Exemptions; 40 CFR
52.21(j) Control Technology Review; 40
CFR 52.21(k) Source Impact Analysis;
40 CFR 52.21(r) Source Obligation; 40
CFR 52.21(v) Innovative Control
Technology; 40 CFR 52.21(w) Permit
Rescission; and 40 CFR 52.21(aa)
Actuals PALs. IDAPA 58.01.01.205.02
specifies, where appropriate, those
section of incorporated 40 CFR 52.21
where the use of the word
‘‘Administrator’’ means the
‘‘Department’’ and IDAPA
58.01.01.205.03 specifies existing
requirements for non-major sources that
are exempted or excluded from 40 CFR
52.21. IDAPA 58.01.01.206 Optional
Offsets for Permits to Construct, was
revised to change cross-references to
subsections for consistency with the
above changes. IDAPA 58.01.01.209
Procedures for Issuing Permits, was
revised to remove the exceptions for
Major Facilities and Major
Modifications consistent with the
definitional changes in IDAPA
58.01.01.200. IDAPA 58.01.01.225
Permit to Construct Processing Fee, was
revised for consistency with definitional
changes in IDAPA 58.01.01.205. And
IDAPA 58.01.01.401 Tier II Operating
Permit, was revised for consistency with
changes to IDAPA 58.01.01.204.
Idaho’s major NSR SIP submission
meets the EPA NSR reform requirements
for SIP-approved NSR programs in 40
CFR 51.165 and 166 and 40 CFR 52.21.
The revised rules address baseline
actual emissions, actual-to-projected
actual applicability tests, PALs, and
other currently applicable provisions of
EPA’s 2002 NSR Reform Rules. In fact,
the majority of the Federal NSR Reform
provisions in 40 CFR 51.165 and 52.21
are incorporated by reference directly
into Idaho regulations and, as noted in
section III.A above, IDEQ annually
updates its IBR of Federal rules to keep
the State’s rules consistent with changes
to the Federal NSR rules and the most
recent IBR update revision includes
citations to Federal NSR regulations
revised as of July 1, 2007 with a State
effective date of April 2, 2008.
C. Permit To Construct Exemptions
EPA last approved revisions to
Idaho’s Permit to Construct 6
Exemptions on January 16, 2003 (68 FR
2217) and we provided a detailed
discussion of our analysis in the August
13, 2002 Proposed Rule (67 FR 52666).
In brief, when we approved IDEQ’s
minor NSR exemption provisions in
6 NSR permits are referred to as ‘‘permits to
construct’’ or ‘‘PTC’’s in Idaho.
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IDAPA 58.01.01.220 through 222, we
noted that we based our approval on our
determination that the emission levels
and source categories specified in the
rules are appropriately exempted from
minor NSR. While IDAPA
58.01.01.220.01.a.iii included additional
provisions that required modeling the
impact of a source’s uncontrolled
potential to emit to be exempt from
minor NSR permitting in Idaho, we
specifically noted that our approval was
not based on the requirement for
modeling since such modeling is part of
the permitting process itself and,
therefore, not typically included as
criteria a source must meet to qualify for
an exemption from the permitting
process. Our August 13, 2002 Proposed
Rule (67 FR 52666) and January 16,
2003 Final Rule (68 FR 2217) also noted
that the ‘‘director’s discretion’’
provisions in IDAPA 58.01.01.222.03
and 222.01.f do not meet the
requirements of section 110 of the CAA
and, therefore, we did not approve these
provision into the SIP.
In response to our actions in the prior
rulemaking (67 FR 52666 and 68 FR
2217) discussed above, IDEQ removed
the modeling requirements from IDAPA
58.01.01.220 and the ‘‘director’s
discretion’’ provisions from IDAPA
58.01.01.222 and submitted two
separate SIP revisions to its Permit to
Construct Exemption Rules IDAPA
58.01.01.220 and 222 for approval into
the SIP on July 13, 2005 and May 5,
2006. The July 13, 2005 revisions were
subject to a public hearing on October
4, 2004, adopted by the Board of
Environmental Quality on November 18,
2004, and became effective on April 6,
2005. The May 5, 2006 revisions were
subject to a public hearing on October
11, 2005, adopted by the Board of
Environmental Quality on November 17,
2005, and became effective on April 11,
2006.
The July 13, 2005 and May 5, 2006
SIP submittals revised IDAPA
58.01.01.220 to strike-out the modeling
provisions included in IDAPA
58.01.01.220.01.a.iii and revised
58.01.01.222 to strike out the ‘‘director’s
discretion’’ provisions in IDAPA
58.01.01.222.01.f and 222.03. IDEQ’s
May 5, 2006 SIP also revised
58.01.01.222.1.d to change the criteria
for internal combustion engines
operating for emergency purposes from
operating for less than 200 hours to
operating less than 500 hours and
revised IDAPA 58.01.01.222.2.c to add
biogas as an allowable fuel for fuelburning equipment with capacity less
than 50 million BTU per hour used for
indirect heating and heating or
reheating furnaces, providing that the
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hydrogen sulfide concentration is below
200 parts per million by volume. In
addition, three new paragraphs were
added to exempt additional sources.
IDAPA 58.01.01.222.2.i exempts
multiple chamber crematories providing
they use natural gas exclusively, have a
maximum average charge capacity of
200 pounds of remains per hour and
minimum secondary combustion
chamber temperature of 1500 degrees
Fahrenheit; IDAPA 58.01.01.222.2.j
exempts petroleum environmental
remediation source by vapor extraction
providing the operation life is less than
five years and the short term adjustment
factor for air toxics (IDAPA
58.01.01.210.15) is not used if source is
within 500 feet of a sensitive receptor;
and IDAPA 58.01.01.222.2.k exempts
dry cleaning facilities providing they are
not major under, but are subject to, 40
CFR part 63 subpart M.
IDEQ’s July 13, 2005 and May 5, 2006
rule revisions address the ‘‘directors
discretion’’ and modeling issues
previously raised by EPA (67 FR 52666,
68 FR 2217) and are proposed to be
approved into the SIP. IDEQ’s May 5,
2006 revisions expanding the Permit to
Construct Exemptions for certain
sources are also proposed to be
approved into the SIP.
It is important to note that in order for
any source to qualify for a sourcecategory exemption under IDAPA
58.01.01.222, it must first satisfy the
criteria set forth in IDAPA 58.01.01.220
which includes the general exemption
criteria for permits to construct, further
limiting the scope of IDEQ’s sourcecategory exemptions. IDAPA
58.01.01.220.01.a requires that the
maximum capacity of a source to emit
an air pollutant under its physical and
operational design without
consideration of limitations on emission
such as air pollution control equipment,
restrictions on hours of operation and
restrictions on the type and amount of
material combusted, stored or processed
would not equal or exceed one hundred
(100) tons per year of any regulated air
pollutant and would not cause an
increase in the emissions of a major
facility that equals or exceeds the
significant emissions rates. In addition,
IDEQ retains the legal authority
pursuant to IDAPA 58.01.01.401.03 to
require a source to obtain an air quality
permit to ensure compliance with
applicable rules, including the NAAQS.
D. Permitting Fees
On May 22, 2003 IDEQ, submitted
revisions to IDAPA 58.01.01.224
through 228, 407 through 410, 470 and
800 through 802 revising its regulations
pertaining to permit fees associated with
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IDEQ’s Permit to Construct and Tier I
and II Operating Permits programs. The
revisions were subject to a public
hearing on October 9, 2001, adopted by
the Board of Environmental Quality on
November 8, 2001, and became effective
on July 1, 2002. While IDEQ submitted
the permit fee rules to EPA, it
specifically noted the revisions that
establish or revise permitting fees were
only included in the SIP submittal for
informational purposes and that IDEQ
did not intend that EPA include the fee
related rules into the SIP. We are
proposing to take no action on IDAPA
58.01.01.224–228, 408–410 and 800–802
which deal with the collection of
various fees associated with IDEQ’s
Permit to Construct and Tier I and II
Operating Permits. The Tier I permits
are not related to the criteria pollutants
regulated under title I of the CAA or to
the requirements for SIPs under section
110 of the Act. While the fee provisions
associated with Permits to Construct
and Tier II permits are related to criteria
pollutant programs under title I of the
Act, IDEQ has requested that these
provisions not be included in the SIP
because of the frequency of revisions to
the fee rules.
IDEQ’s May 22, 2003 SIP submittal
included minor editorial changes
IDAPA 58.01.01.006, 007, 200–202, 209,
400–402 and 404, that were made
concurrent with the revisions to the fee
rules. We reviewed the editorial changes
to IDAPA 58.01.01.006, 007, 200–202,
209, 400–402 and 404 and found them
to be appropriate and we propose to
approve them into the SIP to update the
SIP which includes previously
approved versions of these rules. In
addition, the revision to IDAPA
58.01.01.470 strikes the existing fee
language making IDAPA 58.01.01.470 a
reserved paragraph and we propose to
approve this change in the SIP.
E. Soil Vapor Extraction
On May 22, 2003 IDEQ submitted
revisions to IDAPA 58.01.01.210 to add
paragraph 16.c, which allows IDEQ to
waive the requirements of IDAPA
58.01.01.513 for any environmental
remediation source that functions to
remediate or recover any release, spill,
leak, discharge or disposal of any
petroleum product. The revisions were
subject to a public hearing on February
6, 2001, adopted by the Board of
Environmental Quality on October 18,
2001, and became effective on March
15, 2002. This portion of the May 22,
2003 SIP submittal deals with IDEQ’s air
toxic regulations and is not currently in
the Idaho SIP. Because this regulation
does not relate to the criteria pollutants
regulated under title I of the CAA or to
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the requirements for SIPs under section
110 of the Act, EPA is proposing to take
no action on this provision.
F. Hospital/Medical/Infectious Waste
Incinerators
On May 22, 2003 IDEQ submitted
revisions to IDAPA 58.01.01.861,
Standards of Performance of Hospital/
Medical/Infectious Waste Incinerators,
to clarify that owners or operators of
hospital/medical/infectious waste
incinerators subject to IDAPA
58.01.01.861 must comply with the
provisions of section 39–128. The
revisions were subject to a public
hearing on August 8, 2001, adopted by
the Board of Environmental Quality on
October 18, 2001, and became effective
on March 15, 2002. Although this
portion of the May 22, 2003 SIP
submittal rule is an important part of
IDEQ’s overall air program, IDAPA
58.01.01.861 is not currently in the
Idaho SIP and is not related to
requirements for SIPs under section 110
of the Act. Therefore, EPA is not taking
any action on these provisions.
G. Permit Clarifications
On May 22, 2003 IDEQ submitted its
Permit Clarification SIP submittal
including revisions to IDAPA
58.01.01.209, 213, 228, 313, 317, 395,
410, 511, 581, 700, and 710–724 to
update and clarify the rules. The
revisions were subject to a public
hearing on October 8, 2002, adopted by
the Board of Environmental Quality on
November 13, 2002, and became
effective on May 3, 2003. The revisions
to IDAPA 58.01.01.209.01.c, 700.01 and
710–724 reversed earlier revisions IDEQ
made to these particulate matter process
weight limitations in response to EPA’s
determination that the earlier revisions
were less stringent than those currently
in the SIP. In effect, the revisions to
IDAPA 58.01.01.209.01.c, 701.01 and
710–724 change the regulatory language
in these rules back to reflect the existing
language in the SIP approved rules. To
maintain consistency between the
federally approved rules and State rules,
specifically regarding the State rule
effective dates, IDAPA 58.01.01.700
with a State effective date of May 3,
2003 is proposed to be approved into
the SIP. The revisions to IDAPA
58.01.01.313 and 317 revise the Tier I
operating permit rules and the revisions
to IDAPA 58.01.01.228, 395 and 410
revise the timeframes, from 30 to 35
days, for appealing fees associated with
Permits to Construct and Tier I and II
Operating Permits. We are proposing to
take no action on IDAPA 58.01.01.313,
317, 228, 395, and 410 as these rules
deal with IDEQ’s Tier I operating permit
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program and the collection of various
fees associated with IDEQ’s Permit to
Construct and Tier I and II Operating
Permits. As noted in III.D above, the
Tier I permits are not related to the
criteria pollutants regulated under title
I of the CAA or to the requirements for
SIPs under section 110 of the Act and,
while the fee provisions associated with
Permits to Construct and Tier II permits
are related to criteria pollutant programs
under title I of the Act, IDEQ has
requested that these fee provisions not
be included in the SIP because of the
frequency of revisions to the fee rules.
IDEQ’s May 22, 2003 Permit
Clarification SIP submittal also included
editorial revisions to IDAPA
58.01.01.213 and 511 and 581 for
clarification and to correct crossreferencing section numbers. We
reviewed the editorial changes to
IDAPA 58.01.01.213 and 511 and 581,
found them to be appropriate and
propose to approve these revisions with
the State effective date of May 3, 2003
into the SIP, thereby updating the SIP to
reflect the revised State rules.
H. Title V Operating Permit Fees
On May 22, 2003, IDEQ submitted its
title V Operating Permit Fees SIP
including revisions to IDAPA
58.01.01.387–399. The revisions were
subject to a public hearing on October
8, 2002, adopted by the Board of
Environmental Quality on November 13,
2002, and became effective on April 2,
2003. In its submittal IDEQ clarified that
it was submitting these rule revisions to
EPA for informational purposes only
and it did not intend to have the
title V Operating Permit Fee rules
incorporated into the SIP. We are
proposing to take no action on IDAPA
58.01.01.387–399 as these rules deal
with IDEQ’s Tier I operating permit
program and the collection of various
fees associated with IDEQ’s Tier I
Operating Permits. The IDEQ’s Tier I
permit program is the operating permit
program required under title V of the
Act and is not part of the criteria
pollutants regulated under title I of the
CAA or the requirements for SIPs under
section 110 of the Act.
I. Regulated Air Pollutants
On May 5, 2006 IDEQ submitted
revisions to IDAPA 58.01.01.006–008,
133–135, 155, 213, 220, 440–442, 460,
511–513, 560–561, 575, 581, and 679 to
incorporate a new definition for
‘‘regulated air pollutant’’ to be consistent
with Federal requirements with respect
to the treatment of fugitive emissions in
determining applicability for operating
permits and permits to construct. The
revisions were subject to a public
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hearing on September 7, 2005, adopted
by the Board of Environmental Quality
on November 17, 2005, and became
effective on April 11, 2006. A separate
public hearing was held on December 5,
2005, regarding changes to Idaho Code
39–115 that were part of the SIP
revision containing the regulatory
changes to IDAPA 58.01.01. The specific
regulatory changes that EPA is
proposing to approve into the SIP are
discussed below.
IDAPA 58.01.01.006 was revised to
modify the definition of ‘‘regulated air
pollutant’’ to be consistent with Federal
rules and to modify the definition of
‘‘modification’’ by adding language
stating that ‘‘fugitive emissions shall not
be considered in determining whether a
permit is required for a modification
unless required by federal law.’’ The
revisions make the treatment of fugitive
emissions in determining major source
and major modification thresholds
consistent with Federal major NSR
rules. On December 19, 2008, EPA
promulgated its final rulemaking
regarding its reconsideration of the
inclusion of fugitive emissions in the
NSR program (73 FR 77882). In this
rulemaking, EPA made the treatment of
fugitive emissions for determining major
modifications consistent with the
treatment of fugitive emissions for
determining major source thresholds. In
brief, this rulemaking requires that
fugitive emissions be included in
determining whether a physical change
or change in operation results in a major
modification only for sources in source
categories designated through
rulemaking pursuant to section 302(j) of
the Act (i.e., ‘‘listed sources’’). The
change to the treatment of fugitive
emissions became effective in the
Federal NSR program on January 20,
2009 and became effective in the
Federal PSD program on February 17,
2009. However, on February 17, 2009,
EPA received a petition from the
Natural Resources Defense Council to
reconsider and stay the December 19,
2008, final fugitive emissions final rule.
EPA granted the petition on April 24,
2009 and published a Federal Register
notice on September 30, 2009
establishing a three-month
administrative stay of the rule (74 FR
50115). Because IDEQ’s program now
treats fugitive emissions in the same
manner as ‘‘required by federal law,’’
these changes are also effective in the
IDEQ major NSR.
It is important to note that in its final
rulemaking on the reconsideration of
fugitive emissions (73 FR 77882), EPA
noted that a state has considerable
latitude to customize its minor NSR
program regarding the treatment of
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fugitive emissions and that state
authorities should explicitly indicate
how fugitive emissions are to be
accounted for in all aspects of the state’s
minor NSR (see page 77890). The
definition of ‘‘major modification’’ used
in IDEQ’s major NSR rules is distinctly
different from the revised definition for
modification in IDAPA 58.01.01.006
which applies to IDEQ’s ‘‘minor’’ NSR
rules. The statement in IDEQ’s
definition of ‘‘regulated air pollutant’’
that ‘‘fugitive emissions shall not be
considered in determining whether a
permit is required for a modification
unless required by federal law’’ therefore
created a potential lack of clarity
regarding the treatment of fugitive
emissions in Idaho’s minor source
program. EPA therefore requested that
IDEQ clarify this issue. On September
25, 2009 IDEQ, submitted additional
information to EPA explicitly stating
that fugitive emissions in IDEQ’s minor
source program are treated the same
way they are in its major NSR program,
i.e., fugitive emissions at minor sources
of listed source categories are included
in determining the source’s potential to
emit and whether there is a
modification. In light of IDEQ’s
clarification regarding the treatment of
fugitive emissions in its minor NSR
program, EPA proposes to approve the
revisions to IDAPA 58.01.01.006 with
the exception of subsection (b) of the
definition of ‘‘modification’’ (codified as
IDAPA 58.01.01.006.55.b in this
submission, and subsequently
renumbered). This subparagraph (b) in
the definition of ‘‘modification pertains
to the ‘‘state only’’ toxics air pollutant
program and is not related to the criteria
pollutants regulated under title I of the
CAA or to the requirements for SIPs
under section 110 of the Act. Therefore,
EPA is not taking any action on this
subparagraph.
The May 5, 2006 SIP included
additional editorial revisions to IDAPA
58.01.01.006, 007, 133, 134, 135, 155,
213, 220, 460, 511, 512, 513, 560, 561,
575, 581, and 679 to make those
sections consistent with the definitional
changes to ‘‘modification’’ and
‘‘regulated air pollutant.’’ EPA reviewed
these changes and proposes to approve
them. Similar editorial changes were
also made to sections IDAPA
58.01.01.008, 440 and 441; however,
EPA is taking no action on IDAPA
58.01.01.008, 440 and 441. The rationale
is provided in detail in our previous
action on Idaho’s SIP (67 FR 52666).
J. Procedure for Transfer of Permits To
Construct and Tier II Operating Permits
On May 5, 2006 IDEQ submitted
revisions to IDAPA 58.01.01.006, 007,
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209 and 404 modifying definitions for
its major and minor source air quality
permitting programs and submitted two
new rule subsections allowing for the
transfer of permits to construct and Tier
II operating permits. The revisions were
subject to a public hearing on
September 7, 2005, adopted by the
Board of Environmental Quality on
October 12, 2005, and became effective
on April 11, 2006. The specific
regulatory changes that EPA is
proposing to approve into the SIP are
discussed below.
The revisions to IDAPA 58.01.01.006
change the definition of ‘‘modification’’
to refer to an ‘‘emissions increase’’ as
defined in IDAPA 58.01.01.007. The
revisions to IDAPA 58.01.01.007
include new definitions for ‘‘baseline
actual emissions,’’ ‘‘begin actual
construction,’’ ‘‘emissions increase,’’ and
‘‘projected actual emissions,’’ as well as
editorial revisions to other definitions to
maintain consistency with the new
definitions. The revisions to IDAPA
58.01.01.209 add a new section IDAPA
58.01.01.209.06 titled, Transfer of
Permits to Construct, which includes
the requirements for transferring a
permit to construct to a new owner or
operator of the source. Similarly, the
revisions to IDAPA 58.01.01.404 add a
new section IDAPA 58.01.01.404.05
titled, Transfer of Tier II Permits, which
includes the requirements for
transferring a Tier II permit to a new
owner or operator of the source. The
definition revisions in IDAPA
58.01.01.006 and 007 are consistent
with and, in many instances, identical
to the definitions in 40 CFR 52.21(b)
(definitions for Federal PSD program)
and we are proposing to approve these
revisions into Idaho’s SIP. The new
procedures for the transfer of permits in
IDAPA 58.01.01.209.6 and
58.01.01.404.5 clarify existing practices
and we propose to approve these
revisions into the SIP as well.
K. Mercury
On April 16, 2007, IDEQ submitted a
new section IDAPA 58.01.01.199
requiring that no owner or operator
shall construct or operate an electric
generating unit, as defined in 40 CFR
60.24, with a potential to emit mercury
emissions. The rule was subject to a
public hearing on November 3, 2006,
adopted by the Board of Environmental
Quality on November 16, 2006, and
became effective on March 30, 2007.
While this rule is an important part of
IDEQ’s air program, IDAPA 58.01.01.199
is not related to the criteria pollutants
regulated under title I of the CAA or to
the requirements for SIPs under section
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110 of the Act and, therefore, EPA is not
taking any action on this provision.
L. Sulfur Content of Fuels
On June 8, 2009 IDEQ submitted
revisions to IDAPA 58.01.01.725 thru
729 reorganizing and clarifying the
existing rules for the sulfur content of
fuels. The revisions were subject to a
public hearing on June 10, 2008,
adopted by the Board of Environmental
Quality on October 9, 2008, and became
effective on May 8, 2009. IDAPA
58.01.01.725 thru 729 were combined
into a single section 58.01.01.725 Rules
for the Sulfur Content of Fuels. Section
726 was revised to become paragraph
725.01 while retaining all of the relevant
definitions specific to sections 725 thru
729. Sections 727, 728 and 729 were
revised to become paragraphs 725.02.
725.03, and 725.04, while retaining all
of the relevant provisions for residual
fuel oils, distillate fuel oils and coal,
respectively. The revisions simplify the
existing regulations and we propose to
approve these revisions into the SIP.
IV. EPA’s Proposed Action
Consistent with the discussion above,
EPA proposes to approve most of the
submitted SIP provisions and to take no
action on certain other provisions, as
discussed below. This action will result
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in proposed changes to the Idaho SIP in
40 CFR part 52, subpart N.
A. Rules To Approve Into SIP
EPA proposes to approve into the SIP
at 40 CFR part 52, subpart N, the Idaho
regulations listed in Table 2. It is
important to note that in those instances
where IDEQ submitted multiple
revisions to a single section of IDAPA
58.01.01, the most recent version of that
section (based on state effective date) is
proposed to be incorporated into the SIP
since it supersedes all previous
revisions.
TABLE 2—IDAHO REGULATIONS FOR PROPOSED APPROVAL
State citation
State
effective date
Title/subject
Explanation
58.01.01—Rules for the Control of Air Pollution in Idaho
006 ....................
General Definitions ..................................................................................
4/11/2006
007 ....................
Definitions for the Purposes of Sections 200 through 225 and 400
through 461.
Incorporations by Reference ...................................................................
4/11/2006
4/2/2008
4/11/2006
4/11/2006
4/11/2006
4/11/2006
7/1/2002
4/6/2005
4/2/2008
4/6/2005
4/11/2006
4/11/2006
4/11/2006
4/11/2006
7/1/2002
4/6/2005
107 ....................
200
133
134
135
155
201
202
204
....................
....................
....................
....................
....................
....................
....................
....................
5/8/2009
206
209
213
220
222
400
401
....................
....................
....................
....................
....................
....................
....................
Procedures and Requirements for Permits to Construct ........................
Start-up, Shutdown and Scheduled Maintenance Requirements ...........
Upset, Breakdown and Safety Requirements .........................................
Excess Emission Reports ........................................................................
Circumvention ..........................................................................................
Permit to Construct Required ..................................................................
Application Procedures ............................................................................
Permit Requirements for New Major Facilities or Major Modifications in
Nonattainment Areas.
Permit Requirements for New Major Facilities or Major Modifications in
Attainment or Unclassifiable Areas.
Optional Offsets for Permits to Construct ...............................................
Procedures for Issuing Permits ...............................................................
Pre-Permit Construction ..........................................................................
General Exemption Criteria for Permit to Construct Exemptions ...........
Category II Exemptions ...........................................................................
Procedures and Requirements for Tier II Operating Permits .................
Tier II Operating Permit ...........................................................................
402
404
460
511
512
513
560
561
575
581
679
700
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
Application Procedures ............................................................................
Procedure for Issuing Permits .................................................................
Requirements for Emission Reduction Credits .......................................
Applicability ..............................................................................................
Definitions ................................................................................................
Requirements ..........................................................................................
Notification to Sources ............................................................................
General Rules ..........................................................................................
Air Quality Standards and Area Classification ........................................
Prevention of Significant Deterioration (PSD) Increments ......................
Averaging Period .....................................................................................
Particulate Matter Process Weight Limitations .......................................
7/1/2002
4/11/2006
4/11/2006
4/11/2006
4/11/2006
4/11/2006
4/11/2006
4/11/2006
4/11/2006
4/11/2006
4/11/2006
5/3/2003
725 ....................
Rules for Sulfur Content of Fuels ............................................................
Except Section 107.03(g) through
(n) and (p).
5/8/2009
205 ....................
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Except Section 006.66(b) (re: state
air toxics in definition of ‘‘modification’’).
B. Rules on Which No Action Is Taken
58.01.01.008, Definitions for Purposes of
Section 300 through 386
58.01.01.199, Electric Generating Unit
Construction Prohibition
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58.01.01.210, Demonstration of
Preconstruction Compliance with Toxic
Standards
58.01.01.225, Permit to Construct Processing
Fee
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4/2/2008
Except 401.01.a (bubbles) and
401.04 (compliance date extension).
More recent state rule effective
date.
58.01.01.228, Appeals
58.01.01.313, 317, 387–399, 395, Procedures
and Requirements for Tier I Operating
Permits
58.01.01.410, Appeals
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58.01.01.175–181, Procedures and
Requirements for Permits Establishing a
Facility Emissions Cap
58.01.01.861, Standards of Performance of
Hospital/Medical/Infectious Waste
Incinerators
C. Scope of Proposed Action
Idaho has not demonstrated authority
to implement and enforce IDAPA
Chapter 58 within ‘‘Indian Country’’ as
defined in 18 U.S.C. 1151.7 Therefore,
EPA proposes that this SIP approval not
extend to ‘‘Indian Country’’ in Idaho. See
CAA sections 110(a)(2)(A) (SIP shall
include enforceable emission limits),
110(a)(2)(E)(i) (State must have adequate
authority under State law to carry out
SIP), and 172(c)(6) (nonattainment SIPs
shall include enforceable emission
limits). This is consistent with EPA’s
previous approval of Idaho’s PSD
program, in which EPA specifically
disapproved the program for sources
within Indian Reservations in Idaho
because the State had not shown it had
authority to regulate such sources. See
40 CFR 52.683(b). It is also consistent
with EPA’s approval of Idaho’s title V
air operating permits program. See 61
FR 64622, 64623 (December 6, 1996)
(interim approval does not extend to
Indian Country); 66 FR 50574, 50575
(October 4, 2001) (full approval does not
extend to Indian Country).
V. Statutory and Executive Order
Reviews
pwalker on DSK8KYBLC1PROD with PROPOSALS
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,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
7 ‘‘Indian country’’ is defined under 18 U.S.C.
1151 as: (1) All land within the limits of any Indian
reservation under the jurisdiction of the United
States Government, notwithstanding the issuance of
any patent, and including rights-of-way running
through the reservation, (2) all dependent Indian
communities within the borders of the United
States, whether within the original or subsequently
acquired territory thereof, and whether within or
without the limits of a State, and (3) all Indian
allotments, the Indian titles to which have not been
extinguished, including rights-of-way running
through the same. Under this definition, EPA treats
as reservations trust lands validly set aside for the
use of a Tribe even if the trust lands have not been
formally designated as a reservation. In Idaho,
Indian country includes, but is not limited to, the
Coeur d’Alene Reservation, the Duck Valley
Reservation, the Reservation of the Kootenai Tribe,
the Fort Hall Indian Reservation, and the Nez Perce
Reservation as described in the 1863 Nez Perce
Treaty.
VerDate Nov<24>2008
12:44 Mar 17, 2010
Jkt 220001
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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
application of those requirements would
be inconsistent with the CAA; and
• Does not provide 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 rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 3, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010–5965 Filed 3–17–10; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260, 261, 262, 263, 264,
265, 266, 268, and 270
[EPA–RCRA–2008–0678; FRL–9127–8]
RIN 2050–AG52
Hazardous Waste Technical
Corrections and Clarifications Rule
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA or the Agency) is
proposing a number of technical
changes that would correct or clarify
several parts of the hazardous waste
regulations that relate to hazardous
waste identification, manifesting, the
hazardous waste generator
requirements, the standards for owners
and operators of hazardous waste
treatment, storage and disposal
facilities, the standards for the
management of specific types of
hazardous waste and specific types of
hazardous waste management facilities,
the land disposal restrictions program
and the hazardous waste permit
program.
DATES: Written comments must be
received by May 3, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
RCRA–2008–0678, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: rcra-docket@epa.gov and
oleary.jim@epa.gov. Attention Docket ID
No. EPA–HQ–RCRA–2008–0678.
• Fax: 202–566–9744. Attention
Docket ID No. EPA–HQ–RCRA–2008–
0678.
• Mail: RCRA Docket (2822T), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Attention
Docket ID No. EPA–HQ–RCRA–2008–
0678. Please include a total of 2 copies.
• Hand Delivery: EPA West Building,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–RCRA–2008–
0678. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
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]]>Agencies
[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Proposed Rules]
[Pages 13058-13066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5965]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2008-0482; FRL-9128-3]
Approval and Promulgation of Implementation Plans; Idaho
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve numerous revisions to the Idaho
State Implementation Plan (SIP) that were submitted to EPA by the State
of Idaho
[[Page 13059]]
on May 22, 2003, April 2, 2004, July 13, 2005, May 5, 2006, April 16,
2007, May 12, 2008, and June 8, 2009. The revisions were submitted in
accordance with the requirements of section 110 and part D of the Clean
Air Act (hereinafter the Act or CAA). EPA is taking no action in this
rulemaking on a number of submitted rule revisions that are unrelated
to the purposes of the implementation plan.
DATES: Comments must be received on or before April 19, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2008-0482, by any of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: R10-Public_Comments@epa.gov.
Mail: Donna Deneen, EPA Region 10, Office of Air, Waste
and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. Attention: Donna Deneen, Office of Air,
Waste and Toxics, AWT-107. Such deliveries are only accepted during
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2008-0482. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., 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. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Donna Deneen at telephone number:
(206) 553-6706, e-mail address: deneen.donna@epa.gov, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, we mean EPA. Information is organized as
follows:
Table of Contents
I. Purpose of Proposed Action
II. Background for Proposed Action
III. Idaho SIP Revisions
A. Annual Incorporation by Reference (IBR) of Federal
Regulations
B. New Source Review (NSR) Regulations
C. Permit To Construct Exemptions
D. Permitting Fees
E. Soil Vapor Extraction
F. Hospital/Medical/Infectious Waste Incinerators
G. Permit Clarifications
H. Title V Operating Permit Fees
I. Regulated Air Pollutants
J. Procedure for Transfer of Permits To Construct and Tier II
Operating Permits
K. Mercury
L. Sulfur Content of Fuels
IV. EPA's Proposed Action
A. Rules To Approve Into SIP
B. Rules on Which No Action Is Taken
C. Scope of Proposed Action
V. Statutory and Executive Order Reviews
I. Purpose of Proposed Action
The purpose of this action is to propose approval of multiple
revisions to Idaho's SIP that were submitted to EPA by the State of
Idaho Department of Environmental Quality (IDEQ) on May 22, 2003, April
2, 2004, July 13, 2005, May 5, 2006, April 16, 2007, May 12, 2008 and
June 8, 2009. The SIP submittals revise and amend IDEQ's Rules for the
Control of Air Pollution in Idaho (IDAPA 58.01.01) currently in the
federally approved Idaho SIP (Code of Federal Regulations Part 52,
subpart N). This action will update the federally approved SIP to
reflect changes to IDAPA 58.01.01 that were made by IDEQ and reviewed
and deemed approvable into the SIP. The proposed SIP revisions are
explained in more detail below along with our evaluation of how these
rules comply with the requirements for SIPs and the basis for our
action.
II. Background for Proposed Action
Title I of the CAA, as amended by Congress in 1990, specifies the
general requirements for states to submit SIPs to attain and/or
maintain the National Ambient Air Quality Standards (NAAQS) and EPA's
actions regarding approval of those SIPs. With this action we are
proposing approval of multiple SIP submittals and further background
for each one is provided in the section below. We are taking no action
on some of the provisions in some submittals because they are not
related to the criteria pollutants regulated under title I of the Act
or the requirements for SIPs under section 110 of the Act.
III. Idaho SIP Revisions
Table 1 includes a list of each SIP submittal including the
submittal date, title and sections of IDAPA 58.01.01 that are revised.
The paragraphs that follow Table 1 include further information for each
SIP submittal including a summary of the submittal with relevant
background information and analysis to support our action.
Table 1--IDEQ SIP Submittals Addressed In This Action
------------------------------------------------------------------------
Sections of IDAPA
Date of submittal Title (with IDEQ 58.01.01 revised or
Docket No.) amended
------------------------------------------------------------------------
05/22/2003 \1\............ Soil Vapor Extraction 58.01.01.210.
(58-0101-0102).
2001 IBR of Federal 58.01.01.008 and 107.
Regulations (58-0101-
0103).
Hospital/Medical/ 58.01.01.861.
Infectious Waste
Incinerators (58-
0101-0103).
[[Page 13060]]
Permit Clarification 58.01.01.209, 213,
(58-0101-0202). 228, 313, 317, 395,
410, 511, 581, 700
and 710-724.
2002 IBR of Federal 58.01.01.008 and 107.
Regulations (58-0101-
0202).
Permitting Fees (58- 58.01.01.01.006, 007,
0101-0104). 200-202, 209, 224-
228, 400-402, 404,
407-410, 470, 800-
802.
Title V Operating 58.01.01.387-399.
Permit Fees (58-0101-
0203).
04/02/2004................ 2003 IBR of Federal 58.01.01.008 and 107.
Regulations (58-0101-
0301).
07/13/2005................ New Source Review (58- 58.01.01.006, 200,
0101-0304). 202, 204, 205, 206,
209, 225 and 401.
Permit to Construct 58.01.01.220 and 222.
Exemptions (58-0101-
0401).
2004 IBR of Federal 58.01.01.008, 107,
Regulations (58-0101- 200, 204 and 205.
0402).
05/05/2006 \2\............ Regulated Air 58.01.01.006-008, 133-
Pollutants (58-0101- 135, 155, 213, 220,
0503). 440-442, 460, 511-
513, 560-561, 575,
581, and 679.
2005 IBR of Federal 58.01.01.008, 107,
Regulations (58-0101- 200, 204 and 205.
0505).
Procedure for 58.01.01.006, 007,
Transfer of Permit 209, and 404.
to Construct and
Tier II permits (58-
0101-0506).
Permit to Construct 58.01.01.222.
Exemptions (58-0101-
0507).
04/16/2007................ 2006 IBR of Federal 58.01.01.008, 107,
Regulations (58-0101- 200, 204, 205.
0602).
Mercury (58-0101- 58.01.01.199.
0603).
05/12/2008................ 2007 IBR of Federal 58.01.01.008, 107,
Regulations (58-0101- 200, 204, 205.
0701).
06/08/2009 \1\............ Sulfur Content of 58.01.01.725.
Fuels (58-0101-0703).
2008 IBR of Federal 58.01.01.008 and 107.
Rules (58-0101-0802).
------------------------------------------------------------------------
\1\ The May 22, 2003 and June 8k 2009 SIP submittals included IDEQ SIP
revisions for the control of nonmetallic mineral processing plants
(IDEQ Docket 58-0101-0002 and a portion of Docket 58-0101-0002), which
will be acted on in a separate action.
\2\ The May 6, 2006 submittal included IDEQ's SIP revision for the
facility emissions cap (IDEQ Docket 58-0101-0508) which will be acted
on in a separate action.
A. Annual Incorporation by Reference (IBR) of Federal Regulations
IDAPA 58.01.01 incorporates by reference various portions of
Federal regulations codified in the Code of Federal Regulations (CFR).
However, when a Federal regulation originally incorporated by reference
into IDAPA 58.01.01 on a specific date is subsequently changed, IDAPA
58.01.01 becomes out of date and, in some cases, inconsistent with the
revised version of the Federal regulation. To avoid potential
inconsistencies and keep IDAPA 58.01.01 up to date with changes in
Federal regulations, IDEQ submits a revision to its SIP on an annual
basis updating the IBR citations in IDAPA 58.01.01 so they reflect any
changes made to the Federal regulations during that year.
Annual Incorporation of Federal Regulations by Reference SIPs for
the years 2001 through 2008 were submitted to EPA on May 22, 2003,
April 2, 2004, July 13, 2005, May 5, 2006, April 16, 2007, May 12, 2008
and June 8, 2009, respectively. Because the most recent annual IBR
submittals of May 12, 2008 (including the 2007 Annual IBR) and June 8,
2009 (including the 2008 Annual IBR) supersede the Annual IBR updates
for 2001 through 2006, they are the most recent and only versions of
certain sections of IDAPA 58.01.01 that need to be incorporated into
the SIP. The 2007 Annual IBR changed the way Federal regulations are
incorporated by reference into IDAPA 58.01.01.200, 204 and 205.
Specifically, rather than listing the IBR of Federal regulations in
each of these three sections, IDAPA 58.01.01.200, 204 and 205 now
include language stating that the applicable Federal regulations are
incorporated by reference into the rules at section 107. This revision
simplifies future annual IBR updates by minimizing the sections of
IDAPA 58.01.01 that need to be revised each year. The 2008 Annual IBR
includes the most recent revisions to IDAPA 58.01.01.107 incorporating
Federal regulations updated as of July 1, 2008.
The 2007 Annual IBR was subject to a public hearing on September 6,
2007, adopted by the Board of Environmental Quality on October 10,
2007, and became effective on April 2, 2008. The revisions to IDAPA
58.01.01.200, 204 and 205 with the effective date of April 2, 2008 are
proposed for incorporation into the SIP. The 2008 Annual IBR was
subject to a public hearing on September 9, 2008, adopted by the Board
of Environmental Quality on October 9, 2008, and became effective on
May 8, 2009. The revisions to IDAPA 58.01.01.107 with an effective date
of May 8, 2009 are proposed to be approved into the SIP with the
exception of subsections 107.03 (g) through (n) and (p) which are not
related to the criteria pollutants regulated under title I of the Act
or the requirements for SIPs under section 110 of the Act (see prior
discussion in 67 FR 52666). Similarly, the revisions to IDAPA
58.01.01.008 are not being acted on since they are related to Idaho's
Tier I Operating Permit Program required under title V of the Act and
are not part of the SIP.
B. New Source Review (NSR) Regulations
Parts C and D of title I of the CAA, 42 U.S.C. 7470-7515, set forth
preconstruction review and permitting programs applicable to new and
modified stationary sources of air pollutants regulated under the CAA,
known as ``major New Source Review'' or ``major NSR.'' The major NSR
programs of the CAA include a combination of air quality planning and
air pollution control technology program requirements. States adopt
major NSR programs as part of their SIP. Part C is the ``Prevention of
Significant Deterioration'' or ``PSD'' program, which applies in areas
that meet the NAAQS (i.e., ``attainment'' areas) as well as in areas
for which there is insufficient information to determine whether the
area meets the NAAQS (i.e., ``unclassifiable'' areas). Part D is the
``Nonattainment New Source Review'' or the ``NNSR'' program, which
applies in areas that are not in attainment of the NAAQS (i.e.,
``nonattainment areas''). EPA regulations implementing these programs
are contained in 40 CFR 51.165, 51.166, 52.21, 52.24, and part 51,
appendix S.
On December 31, 2002, EPA published final rule changes to the PSD
and NNSR programs (67 FR 80186) and on November 7, 2003, EPA published
a
[[Page 13061]]
notice of final action on the reconsideration of the December 31, 2002
final rule changes (68 FR 63021). In the November 7, 2003 final action,
EPA added the definition of ``replacement unit,'' and clarified an
issue regarding plantwide applicability limitations (PALs). The
December 31, 2002 and the November 7, 2003 final actions, are
collectively referred to as the ``2002 NSR Reform Rules.''
The 2002 NSR Reform Rules made changes to five areas of the major
NSR programs. In summary, the 2002 Rules: (1) Provide a new method for
determining baseline actual emissions; (2) adopt an actual-to-
projected-actual methodology for determining whether a major
modification has occurred; (3) allow major stationary sources to comply
with PALs to avoid having a significant emissions increase that
triggers the requirements of the major NSR program; (4) provide a new
applicability provision for emissions units that are designated clean
units; and (5) exclude pollution control projects (PCPs) from the
definition of ``physical change or change in the method of operation.''
After the 2002 NSR Reform Rules were finalized and effective (March
3, 2003), various petitioners challenged numerous aspects of the 2002
NSR Reform Rules, along with portions of EPA's 1980 NSR Rules (45 FR
5276, August 7, 1980). On June 24, 2005, the DC Circuit Court issued a
decision on the challenges to the 2002 NSR Reform Rules. See New York
v. United States, 413 F.3d 3 (DC Cir. 2005). In summary, the DC Circuit
Court vacated portions of the 2002 NSR Reform Rules pertaining to clean
units and PCPs, remanded a portion of the rules regarding recordkeeping
(40 CFR 52.21(r)(6) and 40 CFR 51.166(r)(6)), and either upheld or did
not comment on the other provisions included as part of the 2002 NSR
Reform Rules. On June 13, 2007 (72 FR 32526), EPA took final action to
revise the 2002 NSR Reform Rules to remove from Federal law all
provisions pertaining to clean units and the PCP exemption that were
vacated by the DC Circuit Court.
With regard to the remanded portions of the 2002 NSR Reform Rules
related to recordkeeping, on December 21, 2007, EPA took final action
to establish that a ``reasonable possibility'' applies where source
emissions equal or exceed 50 percent of the CAA NSR significance levels
for any pollutant (72 FR 72607). The ``reasonable possibility''
provision identifies for sources and reviewing authorities the
circumstances under which a major stationary source undergoing a
modification that does not trigger major NSR must keep records.
The 2002 NSR Reform Rules require that State agencies adopt and
submit revisions to their SIP permitting programs implementing the
minimum program elements of the 2002 NSR Reform Rules no later than
January 2, 2006. On July 13, 2005, IDEQ submitted revisions to its NSR
rules to incorporate EPA's NSR reform provisions. Specifically, IDAPA
58.01.01.006, 200, 202, 204, 205, 206, 209, 225 and 401 were revised to
incorporate EPA's major NSR reform measures into the existing rules.
The revisions were subject to a public hearing on June 8, 2004, adopted
by the Board of Environmental Quality on October 20, 2004, and became
effective in Idaho on April 6, 2005. Idaho developed these latest
revisions by comparing the Federal major NSR regulations in 40 CFR
parts 51 and 52 to the existing State rules. The primary sections
revised include IDAPA 58.01.01.204 and 205. Rather than delineate the
entire Federal major NSR rules, Idaho chose to incorporate by reference
the appropriate NSR reform portions of the Federal program requirements
maintaining the remainder of its previously approved NSR rules not
affected by the NSR reform. As noted in section III.A above, IDEQ
submits an annual update to its rules that IBR Federal regulations,
thus keeping the State's rules up to date with changes in the Federal
rules.
For a discussion of our approval of IDEQ's NSR rules not changed by
IDEQ's NSR Reform SIP revision, see EPA's January 16, 2003 approval of
IDEQ's NSR rules (68 FR 2217). A discussion of IDEQ's July 13, 2005 SIP
revisions to IDAPA 58.01.01.006, 200, 202, 204, 205, 206, 209, 225 to
meet the specific requirements of NSR reform measures follows. IDAPA
58.01.01.006 General Definitions, was revised to remove definitions for
Major Facility and Major Modification from the General Definitions and
IDAPA 58.01.01.200 Procedures and Requirements for Permits to
Construct, was revised to specify that a Major Facility is a Major
Stationary Source as defined in 40 CFR 52.21(b) and a Major
Modification is a Major Modification as defined in 40 CFR 52.21(b).
IDAPA 58.01.01.202 Application Procedures, was revised to remove the
exceptions for Major Facilities and Major Modifications consistent with
the definitional changes in 58.01.01.200. IDAPA 58.01.01.204 Permit
Requirements for New Major Facilities or Major Modifications in
Nonattainment Areas, was revised to expressly state the intent of the
rule is to incorporate the Federal nonattainment NSR rule requirements
and includes a table of the sections of 40 CFR 51.165 and 52.21, as
revised through November 7, 2003 \1\ that are incorporated by reference
including \2\: 40 CFR 51.165(a)(1) regarding definitions; 40 CFR
51.165(a)(2)(ii) through 51.165(a)(3) regarding applicability \3\; 40
CFR 51.165(a)(6)(i)-(iv) regarding applicability; and 40 CFR 52.21(aa)
regarding Actual PALs, which meets the provisions of 51.165(f). IDAPA
58.01.01.205 Permit Requirements for New Major Facilities or Major
Modifications in Attainment or Unclassifiable Areas, was revised to
expressly state that the intent of the rule is to incorporate the
Federal PSD rule requirements and includes a table of the sections of
40 CFR 52.21, as revised through November 7, 2003 \4\ that are
incorporated by reference including \5\:
[[Page 13062]]
40 CFR 52.21(a)(2) Applicability Procedures; 40 CFR 52.21(b)
Definitions; 40 CFR 52.21(i) Exemptions; 40 CFR 52.21(j) Control
Technology Review; 40 CFR 52.21(k) Source Impact Analysis; 40 CFR
52.21(r) Source Obligation; 40 CFR 52.21(v) Innovative Control
Technology; 40 CFR 52.21(w) Permit Rescission; and 40 CFR 52.21(aa)
Actuals PALs. IDAPA 58.01.01.205.02 specifies, where appropriate, those
section of incorporated 40 CFR 52.21 where the use of the word
``Administrator'' means the ``Department'' and IDAPA 58.01.01.205.03
specifies existing requirements for non-major sources that are exempted
or excluded from 40 CFR 52.21. IDAPA 58.01.01.206 Optional Offsets for
Permits to Construct, was revised to change cross-references to
subsections for consistency with the above changes. IDAPA 58.01.01.209
Procedures for Issuing Permits, was revised to remove the exceptions
for Major Facilities and Major Modifications consistent with the
definitional changes in IDAPA 58.01.01.200. IDAPA 58.01.01.225 Permit
to Construct Processing Fee, was revised for consistency with
definitional changes in IDAPA 58.01.01.205. And IDAPA 58.01.01.401 Tier
II Operating Permit, was revised for consistency with changes to IDAPA
58.01.01.204.
---------------------------------------------------------------------------
\1\ IDEQ annually submits updates to its IBR of Federal rules.
Subsequent to the July 13, 2005 SIP revisions, annual IBR updates
have occurred as outlined in section III.A, making Idaho's rules
consistent with the changes that have occurred in the Federal rules
though July 2007.
\2\ The July 13, 2006 submittal also incorporated by reference
40 CFR 165(c) regarding Clean Unit Test for Emission Units that are
Subject to LAER (Lowest Achievable Emissions Rate), 40 CFR 165(d)
regarding Clean Unit Provisions for Emission Units that Achieve an
Emission Limitation Comparable to LAER and 40 CFR 52.21(z)(1)-(3)
and (5) regarding PCP Exclusion Procedural Requirements. However, on
July 24, 2006, IDEQ amended the July 13, 2005 SIP revision
requesting that EPA not act on the clean unit and PCP provisions
since these provisions were being removed from the State rule
consistent with the vacature of these provisions from the Federal
rule.
\3\ Note this IBR citation was incorrectly cited in the SIP
revision submitted to EPA on July 13, 2005, and IDEQ has confirmed
that that reference was intended to incorporate by reference 40 CFR
51.165(a)(2)(ii)(A) through 51.165(a)(3)(ii)(J). Section
51.165(a)(2)(ii) includes sub-paragraphs (A) through (F) and state
plans must also include the provisions in 165(a)(3)(i) and (ii) (A)
through (J). On September 15, 2008, IDEQ submitted a letter to EPA
stating that the reference in IDAPA 58.01.01.204 to 40 CFR
51.165(a)(2)(ii)(A)-(J) in IDEQ's original submittal was in error
and had been administratively corrected to incorporate by reference
40 CFR 51.165(a)(2)(ii) through 51.165(a)(3).
\4\ IDEQ annually submits updates to its IBR of Federal rules.
Subsequent to the July 13, 2005 SIP revisions, annual IBR updates
have occurred as outlined in section III.A above making Idaho's
rules consistent with the changes that have occurred in the Federal
rules through July 2007.
\5\ The July 13, 2006 submittal also incorporated by reference
40 CFR 52.21(x) Clean Unit Test for Emissions Units that are Subject
to Best Available Control Technology (BACT) or LAER, 40 CFR 52.21(y)
Clean Unit Provisions for Emissions Units that Achieve an Emission
Limitation Comparable to BACT and 40 CFR 52.21(z)(1)-(3) and (6) PCP
Exclusion Procedural Requirements. However, on July 24, 2006 IDEQ
amended the July 13, 2005 SIP revision by requesting that EPA not
act on the clean unit and PCP provisions since these provisions were
being removed from the State rule consistent with the vacature of
these provisions from the Federal rule.
---------------------------------------------------------------------------
Idaho's major NSR SIP submission meets the EPA NSR reform
requirements for SIP-approved NSR programs in 40 CFR 51.165 and 166 and
40 CFR 52.21. The revised rules address baseline actual emissions,
actual-to-projected actual applicability tests, PALs, and other
currently applicable provisions of EPA's 2002 NSR Reform Rules. In
fact, the majority of the Federal NSR Reform provisions in 40 CFR
51.165 and 52.21 are incorporated by reference directly into Idaho
regulations and, as noted in section III.A above, IDEQ annually updates
its IBR of Federal rules to keep the State's rules consistent with
changes to the Federal NSR rules and the most recent IBR update
revision includes citations to Federal NSR regulations revised as of
July 1, 2007 with a State effective date of April 2, 2008.
C. Permit To Construct Exemptions
EPA last approved revisions to Idaho's Permit to Construct \6\
Exemptions on January 16, 2003 (68 FR 2217) and we provided a detailed
discussion of our analysis in the August 13, 2002 Proposed Rule (67 FR
52666). In brief, when we approved IDEQ's minor NSR exemption
provisions in IDAPA 58.01.01.220 through 222, we noted that we based
our approval on our determination that the emission levels and source
categories specified in the rules are appropriately exempted from minor
NSR. While IDAPA 58.01.01.220.01.a.iii included additional provisions
that required modeling the impact of a source's uncontrolled potential
to emit to be exempt from minor NSR permitting in Idaho, we
specifically noted that our approval was not based on the requirement
for modeling since such modeling is part of the permitting process
itself and, therefore, not typically included as criteria a source must
meet to qualify for an exemption from the permitting process. Our
August 13, 2002 Proposed Rule (67 FR 52666) and January 16, 2003 Final
Rule (68 FR 2217) also noted that the ``director's discretion''
provisions in IDAPA 58.01.01.222.03 and 222.01.f do not meet the
requirements of section 110 of the CAA and, therefore, we did not
approve these provision into the SIP.
---------------------------------------------------------------------------
\6\ NSR permits are referred to as ``permits to construct'' or
``PTC''s in Idaho.
---------------------------------------------------------------------------
In response to our actions in the prior rulemaking (67 FR 52666 and
68 FR 2217) discussed above, IDEQ removed the modeling requirements
from IDAPA 58.01.01.220 and the ``director's discretion'' provisions
from IDAPA 58.01.01.222 and submitted two separate SIP revisions to its
Permit to Construct Exemption Rules IDAPA 58.01.01.220 and 222 for
approval into the SIP on July 13, 2005 and May 5, 2006. The July 13,
2005 revisions were subject to a public hearing on October 4, 2004,
adopted by the Board of Environmental Quality on November 18, 2004, and
became effective on April 6, 2005. The May 5, 2006 revisions were
subject to a public hearing on October 11, 2005, adopted by the Board
of Environmental Quality on November 17, 2005, and became effective on
April 11, 2006.
The July 13, 2005 and May 5, 2006 SIP submittals revised IDAPA
58.01.01.220 to strike-out the modeling provisions included in IDAPA
58.01.01.220.01.a.iii and revised 58.01.01.222 to strike out the
``director's discretion'' provisions in IDAPA 58.01.01.222.01.f and
222.03. IDEQ's May 5, 2006 SIP also revised 58.01.01.222.1.d to change
the criteria for internal combustion engines operating for emergency
purposes from operating for less than 200 hours to operating less than
500 hours and revised IDAPA 58.01.01.222.2.c to add biogas as an
allowable fuel for fuel-burning equipment with capacity less than 50
million BTU per hour used for indirect heating and heating or reheating
furnaces, providing that the hydrogen sulfide concentration is below
200 parts per million by volume. In addition, three new paragraphs were
added to exempt additional sources. IDAPA 58.01.01.222.2.i exempts
multiple chamber crematories providing they use natural gas
exclusively, have a maximum average charge capacity of 200 pounds of
remains per hour and minimum secondary combustion chamber temperature
of 1500 degrees Fahrenheit; IDAPA 58.01.01.222.2.j exempts petroleum
environmental remediation source by vapor extraction providing the
operation life is less than five years and the short term adjustment
factor for air toxics (IDAPA 58.01.01.210.15) is not used if source is
within 500 feet of a sensitive receptor; and IDAPA 58.01.01.222.2.k
exempts dry cleaning facilities providing they are not major under, but
are subject to, 40 CFR part 63 subpart M.
IDEQ's July 13, 2005 and May 5, 2006 rule revisions address the
``directors discretion'' and modeling issues previously raised by EPA
(67 FR 52666, 68 FR 2217) and are proposed to be approved into the SIP.
IDEQ's May 5, 2006 revisions expanding the Permit to Construct
Exemptions for certain sources are also proposed to be approved into
the SIP.
It is important to note that in order for any source to qualify for
a source-category exemption under IDAPA 58.01.01.222, it must first
satisfy the criteria set forth in IDAPA 58.01.01.220 which includes the
general exemption criteria for permits to construct, further limiting
the scope of IDEQ's source-category exemptions. IDAPA 58.01.01.220.01.a
requires that the maximum capacity of a source to emit an air pollutant
under its physical and operational design without consideration of
limitations on emission such as air pollution control equipment,
restrictions on hours of operation and restrictions on the type and
amount of material combusted, stored or processed would not equal or
exceed one hundred (100) tons per year of any regulated air pollutant
and would not cause an increase in the emissions of a major facility
that equals or exceeds the significant emissions rates. In addition,
IDEQ retains the legal authority pursuant to IDAPA 58.01.01.401.03 to
require a source to obtain an air quality permit to ensure compliance
with applicable rules, including the NAAQS.
D. Permitting Fees
On May 22, 2003 IDEQ, submitted revisions to IDAPA 58.01.01.224
through 228, 407 through 410, 470 and 800 through 802 revising its
regulations pertaining to permit fees associated with
[[Page 13063]]
IDEQ's Permit to Construct and Tier I and II Operating Permits
programs. The revisions were subject to a public hearing on October 9,
2001, adopted by the Board of Environmental Quality on November 8,
2001, and became effective on July 1, 2002. While IDEQ submitted the
permit fee rules to EPA, it specifically noted the revisions that
establish or revise permitting fees were only included in the SIP
submittal for informational purposes and that IDEQ did not intend that
EPA include the fee related rules into the SIP. We are proposing to
take no action on IDAPA 58.01.01.224-228, 408-410 and 800-802 which
deal with the collection of various fees associated with IDEQ's Permit
to Construct and Tier I and II Operating Permits. The Tier I permits
are not related to the criteria pollutants regulated under title I of
the CAA or to the requirements for SIPs under section 110 of the Act.
While the fee provisions associated with Permits to Construct and Tier
II permits are related to criteria pollutant programs under title I of
the Act, IDEQ has requested that these provisions not be included in
the SIP because of the frequency of revisions to the fee rules.
IDEQ's May 22, 2003 SIP submittal included minor editorial changes
IDAPA 58.01.01.006, 007, 200-202, 209, 400-402 and 404, that were made
concurrent with the revisions to the fee rules. We reviewed the
editorial changes to IDAPA 58.01.01.006, 007, 200-202, 209, 400-402 and
404 and found them to be appropriate and we propose to approve them
into the SIP to update the SIP which includes previously approved
versions of these rules. In addition, the revision to IDAPA
58.01.01.470 strikes the existing fee language making IDAPA
58.01.01.470 a reserved paragraph and we propose to approve this change
in the SIP.
E. Soil Vapor Extraction
On May 22, 2003 IDEQ submitted revisions to IDAPA 58.01.01.210 to
add paragraph 16.c, which allows IDEQ to waive the requirements of
IDAPA 58.01.01.513 for any environmental remediation source that
functions to remediate or recover any release, spill, leak, discharge
or disposal of any petroleum product. The revisions were subject to a
public hearing on February 6, 2001, adopted by the Board of
Environmental Quality on October 18, 2001, and became effective on
March 15, 2002. This portion of the May 22, 2003 SIP submittal deals
with IDEQ's air toxic regulations and is not currently in the Idaho
SIP. Because this regulation does not relate to the criteria pollutants
regulated under title I of the CAA or to the requirements for SIPs
under section 110 of the Act, EPA is proposing to take no action on
this provision.
F. Hospital/Medical/Infectious Waste Incinerators
On May 22, 2003 IDEQ submitted revisions to IDAPA 58.01.01.861,
Standards of Performance of Hospital/Medical/Infectious Waste
Incinerators, to clarify that owners or operators of hospital/medical/
infectious waste incinerators subject to IDAPA 58.01.01.861 must comply
with the provisions of section 39-128. The revisions were subject to a
public hearing on August 8, 2001, adopted by the Board of Environmental
Quality on October 18, 2001, and became effective on March 15, 2002.
Although this portion of the May 22, 2003 SIP submittal rule is an
important part of IDEQ's overall air program, IDAPA 58.01.01.861 is not
currently in the Idaho SIP and is not related to requirements for SIPs
under section 110 of the Act. Therefore, EPA is not taking any action
on these provisions.
G. Permit Clarifications
On May 22, 2003 IDEQ submitted its Permit Clarification SIP
submittal including revisions to IDAPA 58.01.01.209, 213, 228, 313,
317, 395, 410, 511, 581, 700, and 710-724 to update and clarify the
rules. The revisions were subject to a public hearing on October 8,
2002, adopted by the Board of Environmental Quality on November 13,
2002, and became effective on May 3, 2003. The revisions to IDAPA
58.01.01.209.01.c, 700.01 and 710-724 reversed earlier revisions IDEQ
made to these particulate matter process weight limitations in response
to EPA's determination that the earlier revisions were less stringent
than those currently in the SIP. In effect, the revisions to IDAPA
58.01.01.209.01.c, 701.01 and 710-724 change the regulatory language in
these rules back to reflect the existing language in the SIP approved
rules. To maintain consistency between the federally approved rules and
State rules, specifically regarding the State rule effective dates,
IDAPA 58.01.01.700 with a State effective date of May 3, 2003 is
proposed to be approved into the SIP. The revisions to IDAPA
58.01.01.313 and 317 revise the Tier I operating permit rules and the
revisions to IDAPA 58.01.01.228, 395 and 410 revise the timeframes,
from 30 to 35 days, for appealing fees associated with Permits to
Construct and Tier I and II Operating Permits. We are proposing to take
no action on IDAPA 58.01.01.313, 317, 228, 395, and 410 as these rules
deal with IDEQ's Tier I operating permit program and the collection of
various fees associated with IDEQ's Permit to Construct and Tier I and
II Operating Permits. As noted in III.D above, the Tier I permits are
not related to the criteria pollutants regulated under title I of the
CAA or to the requirements for SIPs under section 110 of the Act and,
while the fee provisions associated with Permits to Construct and Tier
II permits are related to criteria pollutant programs under title I of
the Act, IDEQ has requested that these fee provisions not be included
in the SIP because of the frequency of revisions to the fee rules.
IDEQ's May 22, 2003 Permit Clarification SIP submittal also
included editorial revisions to IDAPA 58.01.01.213 and 511 and 581 for
clarification and to correct cross-referencing section numbers. We
reviewed the editorial changes to IDAPA 58.01.01.213 and 511 and 581,
found them to be appropriate and propose to approve these revisions
with the State effective date of May 3, 2003 into the SIP, thereby
updating the SIP to reflect the revised State rules.
H. Title V Operating Permit Fees
On May 22, 2003, IDEQ submitted its title V Operating Permit Fees
SIP including revisions to IDAPA 58.01.01.387-399. The revisions were
subject to a public hearing on October 8, 2002, adopted by the Board of
Environmental Quality on November 13, 2002, and became effective on
April 2, 2003. In its submittal IDEQ clarified that it was submitting
these rule revisions to EPA for informational purposes only and it did
not intend to have the title V Operating Permit Fee rules incorporated
into the SIP. We are proposing to take no action on IDAPA 58.01.01.387-
399 as these rules deal with IDEQ's Tier I operating permit program and
the collection of various fees associated with IDEQ's Tier I Operating
Permits. The IDEQ's Tier I permit program is the operating permit
program required under title V of the Act and is not part of the
criteria pollutants regulated under title I of the CAA or the
requirements for SIPs under section 110 of the Act.
I. Regulated Air Pollutants
On May 5, 2006 IDEQ submitted revisions to IDAPA 58.01.01.006-008,
133-135, 155, 213, 220, 440-442, 460, 511-513, 560-561, 575, 581, and
679 to incorporate a new definition for ``regulated air pollutant'' to
be consistent with Federal requirements with respect to the treatment
of fugitive emissions in determining applicability for operating
permits and permits to construct. The revisions were subject to a
public
[[Page 13064]]
hearing on September 7, 2005, adopted by the Board of Environmental
Quality on November 17, 2005, and became effective on April 11, 2006. A
separate public hearing was held on December 5, 2005, regarding changes
to Idaho Code 39-115 that were part of the SIP revision containing the
regulatory changes to IDAPA 58.01.01. The specific regulatory changes
that EPA is proposing to approve into the SIP are discussed below.
IDAPA 58.01.01.006 was revised to modify the definition of
``regulated air pollutant'' to be consistent with Federal rules and to
modify the definition of ``modification'' by adding language stating
that ``fugitive emissions shall not be considered in determining
whether a permit is required for a modification unless required by
federal law.'' The revisions make the treatment of fugitive emissions
in determining major source and major modification thresholds
consistent with Federal major NSR rules. On December 19, 2008, EPA
promulgated its final rulemaking regarding its reconsideration of the
inclusion of fugitive emissions in the NSR program (73 FR 77882). In
this rulemaking, EPA made the treatment of fugitive emissions for
determining major modifications consistent with the treatment of
fugitive emissions for determining major source thresholds. In brief,
this rulemaking requires that fugitive emissions be included in
determining whether a physical change or change in operation results in
a major modification only for sources in source categories designated
through rulemaking pursuant to section 302(j) of the Act (i.e.,
``listed sources''). The change to the treatment of fugitive emissions
became effective in the Federal NSR program on January 20, 2009 and
became effective in the Federal PSD program on February 17, 2009.
However, on February 17, 2009, EPA received a petition from the Natural
Resources Defense Council to reconsider and stay the December 19, 2008,
final fugitive emissions final rule. EPA granted the petition on April
24, 2009 and published a Federal Register notice on September 30, 2009
establishing a three-month administrative stay of the rule (74 FR
50115). Because IDEQ's program now treats fugitive emissions in the
same manner as ``required by federal law,'' these changes are also
effective in the IDEQ major NSR.
It is important to note that in its final rulemaking on the
reconsideration of fugitive emissions (73 FR 77882), EPA noted that a
state has considerable latitude to customize its minor NSR program
regarding the treatment of fugitive emissions and that state
authorities should explicitly indicate how fugitive emissions are to be
accounted for in all aspects of the state's minor NSR (see page 77890).
The definition of ``major modification'' used in IDEQ's major NSR rules
is distinctly different from the revised definition for modification in
IDAPA 58.01.01.006 which applies to IDEQ's ``minor'' NSR rules. The
statement in IDEQ's definition of ``regulated air pollutant'' that
``fugitive emissions shall not be considered in determining whether a
permit is required for a modification unless required by federal law''
therefore created a potential lack of clarity regarding the treatment
of fugitive emissions in Idaho's minor source program. EPA therefore
requested that IDEQ clarify this issue. On September 25, 2009 IDEQ,
submitted additional information to EPA explicitly stating that
fugitive emissions in IDEQ's minor source program are treated the same
way they are in its major NSR program, i.e., fugitive emissions at
minor sources of listed source categories are included in determining
the source's potential to emit and whether there is a modification. In
light of IDEQ's clarification regarding the treatment of fugitive
emissions in its minor NSR program, EPA proposes to approve the
revisions to IDAPA 58.01.01.006 with the exception of subsection (b) of
the definition of ``modification'' (codified as IDAPA 58.01.01.006.55.b
in this submission, and subsequently renumbered). This subparagraph (b)
in the definition of ``modification pertains to the ``state only''
toxics air pollutant program and is not related to the criteria
pollutants regulated under title I of the CAA or to the requirements
for SIPs under section 110 of the Act. Therefore, EPA is not taking any
action on this subparagraph.
The May 5, 2006 SIP included additional editorial revisions to
IDAPA 58.01.01.006, 007, 133, 134, 135, 155, 213, 220, 460, 511, 512,
513, 560, 561, 575, 581, and 679 to make those sections consistent with
the definitional changes to ``modification'' and ``regulated air
pollutant.'' EPA reviewed these changes and proposes to approve them.
Similar editorial changes were also made to sections IDAPA
58.01.01.008, 440 and 441; however, EPA is taking no action on IDAPA
58.01.01.008, 440 and 441. The rationale is provided in detail in our
previous action on Idaho's SIP (67 FR 52666).
J. Procedure for Transfer of Permits To Construct and Tier II Operating
Permits
On May 5, 2006 IDEQ submitted revisions to IDAPA 58.01.01.006, 007,
209 and 404 modifying definitions for its major and minor source air
quality permitting programs and submitted two new rule subsections
allowing for the transfer of permits to construct and Tier II operating
permits. The revisions were subject to a public hearing on September 7,
2005, adopted by the Board of Environmental Quality on October 12,
2005, and became effective on April 11, 2006. The specific regulatory
changes that EPA is proposing to approve into the SIP are discussed
below.
The revisions to IDAPA 58.01.01.006 change the definition of
``modification'' to refer to an ``emissions increase'' as defined in
IDAPA 58.01.01.007. The revisions to IDAPA 58.01.01.007 include new
definitions for ``baseline actual emissions,'' ``begin actual
construction,'' ``emissions increase,'' and ``projected actual
emissions,'' as well as editorial revisions to other definitions to
maintain consistency with the new definitions. The revisions to IDAPA
58.01.01.209 add a new section IDAPA 58.01.01.209.06 titled, Transfer
of Permits to Construct, which includes the requirements for
transferring a permit to construct to a new owner or operator of the
source. Similarly, the revisions to IDAPA 58.01.01.404 add a new
section IDAPA 58.01.01.404.05 titled, Transfer of Tier II Permits,
which includes the requirements for transferring a Tier II permit to a
new owner or operator of the source. The definition revisions in IDAPA
58.01.01.006 and 007 are consistent with and, in many instances,
identical to the definitions in 40 CFR 52.21(b) (definitions for
Federal PSD program) and we are proposing to approve these revisions
into Idaho's SIP. The new procedures for the transfer of permits in
IDAPA 58.01.01.209.6 and 58.01.01.404.5 clarify existing practices and
we propose to approve these revisions into the SIP as well.
K. Mercury
On April 16, 2007, IDEQ submitted a new section IDAPA 58.01.01.199
requiring that no owner or operator shall construct or operate an
electric generating unit, as defined in 40 CFR 60.24, with a potential
to emit mercury emissions. The rule was subject to a public hearing on
November 3, 2006, adopted by the Board of Environmental Quality on
November 16, 2006, and became effective on March 30, 2007. While this
rule is an important part of IDEQ's air program, IDAPA 58.01.01.199 is
not related to the criteria pollutants regulated under title I of the
CAA or to the requirements for SIPs under section
[[Page 13065]]
110 of the Act and, therefore, EPA is not taking any action on this
provision.
L. Sulfur Content of Fuels
On June 8, 2009 IDEQ submitted revisions to IDAPA 58.01.01.725 thru
729 reorganizing and clarifying the existing rules for the sulfur
content of fuels. The revisions were subject to a public hearing on
June 10, 2008, adopted by the Board of Environmental Quality on October
9, 2008, and became effective on May 8, 2009. IDAPA 58.01.01.725 thru
729 were combined into a single section 58.01.01.725 Rules for the
Sulfur Content of Fuels. Section 726 was revised to become paragraph
725.01 while retaining all of the relevant definitions specific to
sections 725 thru 729. Sections 727, 728 and 729 were revised to become
paragraphs 725.02. 725.03, and 725.04, while retaining all of the
relevant provisions for residual fuel oils, distillate fuel oils and
coal, respectively. The revisions simplify the existing regulations and
we propose to approve these revisions into the SIP.
IV. EPA's Proposed Action
Consistent with the discussion above, EPA proposes to approve most
of the submitted SIP provisions and to take no action on certain other
provisions, as discussed below. This action will result in proposed
changes to the Idaho SIP in 40 CFR part 52, subpart N.
A. Rules To Approve Into SIP
EPA proposes to approve into the SIP at 40 CFR part 52, subpart N,
the Idaho regulations listed in Table 2. It is important to note that
in those instances where IDEQ submitted multiple revisions to a single
section of IDAPA 58.01.01, the most recent version of that section
(based on state effective date) is proposed to be incorporated into the
SIP since it supersedes all previous revisions.
Table 2--Idaho Regulations for Proposed Approval
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date Explanation
----------------------------------------------------------------------------------------------------------------
58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------
006.............................. General Definitions............. 4/11/2006 Except Section 006.66(b)
(re: state air toxics in
definition of
``modification'').
007.............................. Definitions for the Purposes of 4/11/2006
Sections 200 through 225 and
400 through 461.
107.............................. Incorporations by Reference..... 5/8/2009 Except Section 107.03(g)
through (n) and (p).
200.............................. Procedures and Requirements for 4/2/2008
Permits to Construct.
133.............................. Start-up, Shutdown and Scheduled 4/11/2006
Maintenance Requirements.
134.............................. Upset, Breakdown and Safety 4/11/2006
Requirements.
135.............................. Excess Emission Reports......... 4/11/2006
155.............................. Circumvention................... 4/11/2006
201.............................. Permit to Construct Required.... 7/1/2002
202.............................. Application Procedures.......... 4/6/2005
204.............................. Permit Requirements for New 4/2/2008
Major Facilities or Major
Modifications in Nonattainment
Areas.
205.............................. Permit Requirements for New 4/2/2008
Major Facilities or Major
Modifications in Attainment or
Unclassifiable Areas.
206.............................. Optional Offsets for Permits to 4/6/2005
Construct.
209.............................. Procedures for Issuing Permits.. 4/11/2006
213.............................. Pre-Permit Construction......... 4/11/2006
220.............................. General Exemption Criteria for 4/11/2006
Permit to Construct Exemptions.
222.............................. Category II Exemptions.......... 4/11/2006
400.............................. Procedures and Requirements for 7/1/2002
Tier II Operating Permits.
401.............................. Tier II Operating Permit........ 4/6/2005 Except 401.01.a (bubbles)
and 401.04 (compliance
date extension).
402.............................. Application Procedures.......... 7/1/2002
404.............................. Procedure for Issuing Permits... 4/11/2006
460.............................. Requirements for Emission 4/11/2006
Reduction Credits.
511.............................. Applicability................... 4/11/2006
512.............................. Definitions..................... 4/11/2006
513.............................. Requirements.................... 4/11/2006
560.............................. Notification to Sources......... 4/11/2006
561.............................. General Rules................... 4/11/2006
575.............................. Air Quality Standards and Area 4/11/2006
Classification.
581.............................. Prevention of Significant 4/11/2006
Deterioration (PSD) Increments.
679.............................. Averaging Period................ 4/11/2006
700.............................. Particulate Matter Process 5/3/2003 More recent state rule
Weight Limitations. effective date.
725.............................. Rules for Sulfur Content of 5/8/2009
Fuels.
----------------------------------------------------------------------------------------------------------------
B. Rules on Which No Action Is Taken
58.01.01.008, Definitions for Purposes of Section 300 through 386
58.01.01.199, Electric Generating Unit Construction Prohibition
58.01.01.210, Demonstration of Preconstruction Compliance with Toxic
Standards
58.01.01.225, Permit to Construct Processing Fee
58.01.01.228, Appeals
58.01.01.313, 317, 387-399, 395, Procedures and Requirements for
Tier I Operating Permits
58.01.01.410, Appeals
[[Page 13066]]
58.01.01.175-181, Procedures and Requirements for Permits
Establishing a Facility Emissions Cap
58.01.01.861, Standards of Performance of Hospital/Medical/
Infectious Waste Incinerators
C. Scope of Proposed Action
Idaho has not demonstrated authority to implement and enforce IDAPA
Chapter 58 within ``Indian Country'' as defined in 18 U.S.C. 1151.\7\
Therefore, EPA proposes that this SIP approval not extend to ``Indian
Country'' in Idaho. See CAA sections 110(a)(2)(A) (SIP shall include
enforceable emission limits), 110(a)(2)(E)(i) (State must have adequate
authority under State law to carry out SIP), and 172(c)(6)
(nonattainment SIPs shall include enforceable emission limits). This is
consistent with EPA's previous approval of Idaho's PSD program, in
which EPA specifically disapproved the program for sources within
Indian Reservations in Idaho because the State had not shown it had
authority to regulate such sources. See 40 CFR 52.683(b). It is also
consistent with EPA's approval of Idaho's title V air operating permits
program. See 61 FR 64622, 64623 (December 6, 1996) (interim approval
does not extend to Indian Country); 66 FR 50574, 50575 (October 4,
2001) (full approval does not extend to Indian Country).
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\7\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1)
All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through
the reservation, (2) all dependent Indian communities within the
borders of the United States, whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a State, and (3) all Indian allotments, the
Indian titles to which have not been extinguished, including rights-
of-way running through the same. Under this definition, EPA treats
as reservations trust lands validly set aside for the use of a Tribe
even if the trust lands have not been formally designated as a
reservation. In Idaho, Indian country includes, but is not limited
to, the Coeur d'Alene Reservation, the Duck Valley Reservation, the
Reservation of the Kootenai Tribe, the Fort Hall Indian Reservation,
and the Nez Perce Reservation as described in the 1863 Nez Perce
Treaty.
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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, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Order
12866 (58 FR 51735, October 4, 1993);
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 application of those requirements would be inconsistent
with the CAA; and
Does not provide 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: March 3, 2010.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2010-5965 Filed 3-17-10; 8:45 am]
BILLING CODE 6560-50-P
