Approval and Promulgation of Implementation Plans; Idaho: Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standard; Prevention of Significant Deterioration Greenhouse Gas Permitting Authority and Tailoring Rule, 41916-41919 [2012-17277]
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Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the Proposed Rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
PART 52—[AMENDED]
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
2. In § 52.770 the table in paragraph
(c) is amended by revising the entry for
1–1–3 under Article 1, Rule 1, to read
as follows:
■
Dated: June 27, 2012.
Susan Hedman,
Regional Administrator, Region 5.
§ 52.770
40 CFR part 52, is amended as
follows:
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Identification of plan.
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EPA-APPROVED INDIANA REGULATIONS
Indiana citation
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Indiana effective date
Subject
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Article 1. General Provisions
EPA Approval date
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Notes
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Rule 1. Provisions Applicable Throughout Title 326
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1–1–3 ..................................................
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References to the Code of Federal
Regulations.
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[FR Doc. 2012–17266 Filed 7–16–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2011–0724, FRL–9676–6]
Approval and Promulgation of
Implementation Plans; Idaho:
Infrastructure Requirements for the
1997 8-Hour Ozone National Ambient
Air Quality Standard; Prevention of
Significant Deterioration Greenhouse
Gas Permitting Authority and Tailoring
Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the State
Implementation Plan (SIP) submittals
from the State of Idaho demonstrating
that the Idaho SIP meets the
requirements of section 110(a)(1) and (2)
of the Clean Air Act (CAA) for the
National Ambient Air Quality Standard
(NAAQS) promulgated for ozone on July
18, 1997. EPA finds that the current
Idaho SIP meets the following 110(a)(2)
infrastructure elements for the 1997
8-hour ozone NAAQS: (A), (B), (C),
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(D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K),
(L), and (M). EPA is taking no action on
CAA section 110(a)(2)(E)(ii) at this time.
We will address the requirements of this
sub-element in a separate action. EPA is
also approving a SIP revision that
applies Idaho’s Prevention of Significant
Deterioration (PSD) Program to
greenhouse gas (GHG) emitting sources
above certain thresholds, updates
Idaho’s SIP to incorporate by reference
revised versions of specific federal
regulations, and removes unnecessary
language from the SIP due to the
incorporation by reference of the federal
NAAQS and PSD regulations. In
addition, EPA is rescinding the Federal
Implementation Plan (FIP) put in place
to ensure the availability of a permitting
authority for greenhouse gas emitting
sources in Idaho.
DATES: This action is effective on
August 16, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2011–0724. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
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the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste and
Toxics (AWT–107), 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101. EPA
requests that you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall at telephone number: (206)
553–6357, email address:
hall.kristin@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. Background
II. Scope of Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated a
new NAAQS for ozone. EPA revised the
ozone NAAQS to provide an 8-hour
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Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations
averaging period which replaced the
previous 1-hour averaging period, and
the level of the NAAQS was changed
from 0.12 parts per million (ppm) to
0.08 ppm (62 FR 38856). The CAA
requires SIPs meeting the requirements
of sections 110(a)(1) and (2) be
submitted by states within 3 years after
promulgation of a new or revised
standard. Sections 110(a)(1) and (2)
require states to address basic SIP
requirements, including emissions
inventories, monitoring, and modeling
to assure attainment and maintenance of
the standards, so-called ‘‘infrastructure’’
requirements. To help states meet this
statutory requirement for the 1997
8-hour ozone NAAQS, EPA issued
guidance to address infrastructure SIP
elements under section 110(a)(1) and
(2).1 In the case of the 1997 8-hour
ozone NAAQS, states typically have met
the basic program elements required in
section 110(a)(2) through earlier SIP
submissions in connection with
previous ozone standards. On
September 15, 2008, the State of Idaho
submitted a certification to EPA
certifying that Idaho’s SIP meets the
infrastructure obligations for the 1997
8-hour ozone and 1997 PM2.5 NAAQS.
The certification included an analysis of
Idaho’s SIP as it relates to each section
of the infrastructure requirements with
regard to the 1997 8-hour ozone and
1997 PM2.5 NAAQS. Subsequently, on
June 24, 2010, Idaho submitted an
updated certification to EPA for sections
110(a)(2)(D) and 110(a)(2)(G). On April
11, 2012, EPA published a notice of
proposed rulemaking (NPR) to act on
Idaho’s infrastructure SIP for the 1997
ozone NAAQS (77 FR 21702).
Specifically in the NPR, EPA proposed
approval of Idaho’s SIP as meeting the
requirements for the following 110(a)(2)
infrastructure elements for the 1997 8hour ozone NAAQS: (A), (B), (C), (D)(ii),
(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L),
and (M). As discussed in the NPR, the
proposed action did not address CAA
section 110(a)(2)(E)(ii), which will be
addressed in a separate action.
In the NPR, EPA also proposed to
approve portions of the June 20, 2011,
SIP revision submitted by Idaho that
applies Idaho’s PSD Program to GHGemitting sources above certain
thresholds, updates Idaho’s SIP to
incorporate by reference revised
versions of specific federal regulations,
and removes unnecessary language from
1 William T. Harnett, Director, Air Quality Policy
Division, Office of Air Quality Planning and
Standards. ‘‘Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 1997 8-hour
Ozone and PM2.5 National Ambient Air Quality
Standards.’’ Memorandum to EPA Air Division
Directors, Regions I–X, October 2, 2007.
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the SIP due to the incorporation by
reference of the federal NAAQS and
PSD regulations. In addition, EPA
proposed to rescind the FIP put in place
to ensure the availability of a permitting
authority for GHG-emitting sources in
Idaho.
EPA provided a 30-day review and
comment period on the NPR, published
April 11, 2012 (77 FR 21702). The
public comment period for EPA’s NPR
closed on May 11, 2012. EPA received
no comments on the proposed action.
II. Scope of Action
Idaho has not demonstrated authority
to implement and enforce Idaho
Administrative Procedures Act (IDAPA)
Chapter 58 within ‘‘Indian Country’’ as
defined in 18 U.S.C. 1151.2 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 (December 6, 1996) (interim
approval does not extend to Indian
Country); 66 FR 50574 (October 4, 2001)
(full approval does not extend to Indian
Country).
III. Final Action
EPA is approving the SIP submittals
from the State of Idaho demonstrating
that the Idaho SIP meets the
requirements of section 110(a)(1) and (2)
of the CAA for the NAAQS promulgated
2 ‘‘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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41917
for ozone on July 18, 1997. EPA is
approving in full the following section
110(a)(2) infrastructure elements for
Idaho for the 1997 ozone NAAQS: (A),
(B), (C), (D)(ii), (E)(i), (E)(iii), (F), (G),
(H), (J), (K), (L), (M). EPA is taking no
action on CAA section 110(a)(2)(E)(ii) at
this time. EPA will address the
requirements of this sub-element in a
separate action. EPA is also approving a
portion of Idaho’s June 20, 2011, SIP
submittal that applies Idaho’s PSD
Program to GHG-emitting sources at the
emissions thresholds and in the same
time frames as those specified in the
Tailoring Rule (75 FR 31514, June 3,
2010). In conjunction with this approval
of Idaho’s PSD program for GHGemitting sources, EPA is rescinding the
FIP at 40 CFR 52.37 which provides for
EPA to be the PSD permitting authority
for GHG-emitting sources in Idaho.
EPA is also approving portions of
Idaho’s June 20, 2011, SIP submittal to
revise the incorporation by reference of
federal regulations revised as of July 1,
2010, in order to ensure Idaho’s SIP is
up to date with changes to federal
regulations. EPA is not acting on the
portions of the SIP revision that are not
related to the criteria pollutants
regulated under title I of the CAA or the
requirements for SIPs under section 110
of the CAA. Finally, EPA is approving
the removal of language from the Idaho
SIP that has become unnecessary due to
Idaho’s incorporation by reference of the
federal NAAQS and the federal PSD
regulations. Specifically, EPA is
approving the removal of the
subsections of IDAPA 58.01.01.577
‘‘Ambient Air Quality Standards for
Specific Pollutants’’ that relate to
pollutants for which EPA has
promulgated a NAAQS, and which are
now unnecessary because Idaho has
incorporated the federal NAAQS by
reference into the state SIP. EPA is also
approving the changes to Idaho’s PSD
regulations at IDAPA 58.01.01.581.01 to
remove the increments table in its
entirety, and to instead reference the
federal PSD increment requirements
contained in 40 CFR 52.21(c), which are
incorporated by reference in the Idaho
SIP. This action is being taken under
section 110 and part C of the CAA.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 Clean Air Act.
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Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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 Clean Air Act;
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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 17,
2012. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 29, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR Part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart A—General Provisions
2. § 52.37 is amended by removing
and reserving paragraph (b)(4).
■
Subpart N—Idaho
3. In § 52.670:
a. The table in paragraph (c) is
amended by revising entry 107,
removing entry 577, and revising entry
581.
■ b. The table in paragraph (e) is
amended by adding an entry at the end
of the table for ‘‘Section 110(a)(2)
Infrastructure Requirements for the 1997
8-hour Ozone NAAQS.’’
■
■
§ 52.670
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Identification of plan.
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(c) * * *
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EPA-APPROVED IDAHO REGULATIONS
State citation
Title/subject
State effective date
EPA approval date
Explanations
Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho
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Incorporations by Reference.
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10/6/10, 5/8/09, 3/30/07,
3/20/04, 7/1/97, 5/1/94 ......
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581 .....................................
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107 .....................................
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Prevention of Significant
Deterioration (PSD) Increments.
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10/6/10, 4/11/06, 7/1/97,
5/1/94 ................................
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Except Section 107.03(f)
through (m) and (o).
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41919
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable geographic or
non-attainment area
State submittal date
EPA approval date
Comments
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Statewide ..........................
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9/15/2008, 6/24/2010 ........
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7/17/2012 [Insert page
number where the document begins].
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This action addresses following CAA elements or
portions thereof:
110(a)(2)(A), (B), (C),
(D)(ii), (E)(i), (E)(iii), (F),
(G), (H), (J), (K), (L),
and (M).
Name of SIP provision
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Section 110(a)(2) Infrastructure Requirements
for the 1997 8-hour
Ozone NAAQS.
[FR Doc. 2012–17277 Filed 7–16–12; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2 and 20
[WTB: WT Docket No. 07–250; DA 12–550]
Hearing Aid Compatibility Technical
Standard
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Wireless
Telecommunications Bureau and the
Office of Engineering and Technology
(Bureaus) adopt the 2011 ANSI
Standard for evaluating the hearing aid
compatibility of wireless phones. The
Bureaus take this action to ensure that
a selection of digital wireless handset
models is available to consumers with
hearing loss.
DATES: These rules are effective August
16, 2012.
The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of August 16, 2012.
FOR FURTHER INFORMATION CONTACT:
Michael Rowan, 202 418–1883, email
michael.rowan@fcc.gov, or Saurbh
Chhabra, 202 418–2266, email
saurbh.chhabra@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Wireless
Telecommunications Bureau and the
Office of Engineering and Technology’s
Third Report and Order in WT Docket
07–250, adopted April 9, 2012, and
released April 9, 2012. The full text of
the Third Report and Order is available
for inspection and copying during
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. Also, it may be
purchased from the Commission’s
duplicating contractor at Portals II, 445
12th Street SW., Room CY–B402,
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SUMMARY:
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Washington, DC 20554; the contractor’s
Web site, https://www.bcpiweb.com; or
by calling (800) 378–3160, facsimile
(202) 488–5563, or email
FCC@BCPIWEB.com. Copies of the
Third Report and Order also may be
obtained via the Commission’s
Electronic Comment Filing System
(ECFS) by entering the docket number,
WT Docket No. 07–250. Additionally,
the complete item is available on the
Federal Communications Commission’s
Web site at https://www.fcc.gov.
I. Introduction
1. The Federal Communications
Commission (Commission) has wireless
hearing aid compatibility rules to ensure
that consumers with hearing loss are
able to access wireless communications
services through a wide selection of
handsets without experiencing disabling
radio frequency (RF) interference or
other technical obstacles. In order to
ensure that the hearing aid
compatibility rules cover the greatest
number of wireless handsets and reflect
recent technological advances, the
Wireless Telecommunications Bureau
(WTB) and Office of Engineering and
Technology (OET) (jointly the Bureaus)
adopt in this Third Report and Order,
pursuant to authority delegated by the
Commission, the most current hearing
aid compatibility technical standard.
2. The standard that the Bureaus
adopt was developed through a
voluntary, consensus-driven approach
and is broadly supported by both
industry and consumer groups. The
Bureaus extend its appreciation for the
efforts of the many parties involved in
developing this standard. The Bureaus
strongly encourage all parties to
continue their efforts to refine and
develop standards applicable to new
telephone technologies that may create
potential for interference with hearing
aids.
II. Background
3. To ensure that a selection of digital
wireless handset models is available to
consumers with hearing loss, the
Commission’s rules require both
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manufacturers and service providers to
meet defined benchmarks for deploying
hearing aid-compatible wireless phones.
Specifically, manufacturers and service
providers are required to offer minimum
numbers or percentages of handset
models that meet technical standards for
compatibility with hearing aids
operating in both acoustic coupling and
inductive coupling modes. These
benchmarks apply separately to each air
interface for which the manufacturer or
service provider offers handsets.
4. To define and measure the hearing
aid compatibility of handsets, the
Commission’s rules reference the 2007
revision of American National
Standards Institute (ANSI) technical
standard C63.19 (the ‘‘2007 ANSI
Standard’’), formulated by the
Accredited Standards Committee
C63®—Electromagnetic Compatibility
(ASC C63®). A handset is considered
hearing aid-compatible for acoustic
coupling if it meets a rating of at least
M3 under the 2007 ANSI Standard. A
handset is considered hearing aidcompatible for inductive coupling if it
meets a rating of at least T3. The 2007
ANSI Standard specifies testing
procedures for determining the M-rating
and T-rating of digital wireless handsets
that operate over the air interfaces that,
at the time it was promulgated, were
commonly used for wireless services in
the 800–950 MHz and 1.6–2.5 GHz
bands.
5. ASC C63® recently adopted an
updated version of ANSI C63.19 (the
‘‘2011 ANSI Standard’’). The 2011 ANSI
Standard was published on May 27,
2011, and ASC C63® subsequently
requested that the Commission adopt
this newer version of the standard into
its rules. The 2011 ANSI Standard
expands the operating frequency range
for covered wireless devices to 698
MHz–6 GHz. It also establishes a direct
method for measuring the RF
interference level of wireless devices to
hearing aids, which enables testing
procedures to be applied to operations
over any RF air interface or protocol. In
addition, the 2011 ANSI Standard
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]]>Agencies
[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41916-41919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17277]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2011-0724, FRL-9676-6]
Approval and Promulgation of Implementation Plans; Idaho:
Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient
Air Quality Standard; Prevention of Significant Deterioration
Greenhouse Gas Permitting Authority and Tailoring Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the State Implementation Plan (SIP)
submittals from the State of Idaho demonstrating that the Idaho SIP
meets the requirements of section 110(a)(1) and (2) of the Clean Air
Act (CAA) for the National Ambient Air Quality Standard (NAAQS)
promulgated for ozone on July 18, 1997. EPA finds that the current
Idaho SIP meets the following 110(a)(2) infrastructure elements for the
1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E)(i), (E)(iii), (F),
(G), (H), (J), (K), (L), and (M). EPA is taking no action on CAA
section 110(a)(2)(E)(ii) at this time. We will address the requirements
of this sub-element in a separate action. EPA is also approving a SIP
revision that applies Idaho's Prevention of Significant Deterioration
(PSD) Program to greenhouse gas (GHG) emitting sources above certain
thresholds, updates Idaho's SIP to incorporate by reference revised
versions of specific federal regulations, and removes unnecessary
language from the SIP due to the incorporation by reference of the
federal NAAQS and PSD regulations. In addition, EPA is rescinding the
Federal Implementation Plan (FIP) put in place to ensure the
availability of a permitting authority for greenhouse gas emitting
sources in Idaho.
DATES: This action is effective on August 16, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2011-0724. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information may not be publicly available, i.e., Confidential Business
Information 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
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at EPA
Region 10, Office of Air, Waste and Toxics (AWT-107), 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. EPA requests that you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Kristin Hall at telephone number:
(206) 553-6357, email address: hall.kristin@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. Background
II. Scope of Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated a new NAAQS for ozone. EPA
revised the ozone NAAQS to provide an 8-hour
[[Page 41917]]
averaging period which replaced the previous 1-hour averaging period,
and the level of the NAAQS was changed from 0.12 parts per million
(ppm) to 0.08 ppm (62 FR 38856). The CAA requires SIPs meeting the
requirements of sections 110(a)(1) and (2) be submitted by states
within 3 years after promulgation of a new or revised standard.
Sections 110(a)(1) and (2) require states to address basic SIP
requirements, including emissions inventories, monitoring, and modeling
to assure attainment and maintenance of the standards, so-called
``infrastructure'' requirements. To help states meet this statutory
requirement for the 1997 8-hour ozone NAAQS, EPA issued guidance to
address infrastructure SIP elements under section 110(a)(1) and (2).\1\
In the case of the 1997 8-hour ozone NAAQS, states typically have met
the basic program elements required in section 110(a)(2) through
earlier SIP submissions in connection with previous ozone standards. On
September 15, 2008, the State of Idaho submitted a certification to EPA
certifying that Idaho's SIP meets the infrastructure obligations for
the 1997 8-hour ozone and 1997 PM2.5 NAAQS. The
certification included an analysis of Idaho's SIP as it relates to each
section of the infrastructure requirements with regard to the 1997 8-
hour ozone and 1997 PM2.5 NAAQS. Subsequently, on June 24,
2010, Idaho submitted an updated certification to EPA for sections
110(a)(2)(D) and 110(a)(2)(G). On April 11, 2012, EPA published a
notice of proposed rulemaking (NPR) to act on Idaho's infrastructure
SIP for the 1997 ozone NAAQS (77 FR 21702). Specifically in the NPR,
EPA proposed approval of Idaho's SIP as meeting the requirements for
the following 110(a)(2) infrastructure elements for the 1997 8-hour
ozone NAAQS: (A), (B), (C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H),
(J), (K), (L), and (M). As discussed in the NPR, the proposed action
did not address CAA section 110(a)(2)(E)(ii), which will be addressed
in a separate action.
---------------------------------------------------------------------------
\1\ William T. Harnett, Director, Air Quality Policy Division,
Office of Air Quality Planning and Standards. ``Guidance on SIP
Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-
hour Ozone and PM2.5 National Ambient Air Quality
Standards.'' Memorandum to EPA Air Division Directors, Regions I-X,
October 2, 2007.
---------------------------------------------------------------------------
In the NPR, EPA also proposed to approve portions of the June 20,
2011, SIP revision submitted by Idaho that applies Idaho's PSD Program
to GHG-emitting sources above certain thresholds, updates Idaho's SIP
to incorporate by reference revised versions of specific federal
regulations, and removes unnecessary language from the SIP due to the
incorporation by reference of the federal NAAQS and PSD regulations. In
addition, EPA proposed to rescind the FIP put in place to ensure the
availability of a permitting authority for GHG-emitting sources in
Idaho.
EPA provided a 30-day review and comment period on the NPR,
published April 11, 2012 (77 FR 21702). The public comment period for
EPA's NPR closed on May 11, 2012. EPA received no comments on the
proposed action.
II. Scope of Action
Idaho has not demonstrated authority to implement and enforce Idaho
Administrative Procedures Act (IDAPA) Chapter 58 within ``Indian
Country'' as defined in 18 U.S.C. 1151.\2\ 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 (December 6,
1996) (interim approval does not extend to Indian Country); 66 FR 50574
(October 4, 2001) (full approval does not extend to Indian Country).
---------------------------------------------------------------------------
\2\ ``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.
---------------------------------------------------------------------------
III. Final Action
EPA is approving the SIP submittals from the State of Idaho
demonstrating that the Idaho SIP meets the requirements of section
110(a)(1) and (2) of the CAA for the NAAQS promulgated for ozone on
July 18, 1997. EPA is approving in full the following section 110(a)(2)
infrastructure elements for Idaho for the 1997 ozone NAAQS: (A), (B),
(C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), (M). EPA
is taking no action on CAA section 110(a)(2)(E)(ii) at this time. EPA
will address the requirements of this sub-element in a separate action.
EPA is also approving a portion of Idaho's June 20, 2011, SIP submittal
that applies Idaho's PSD Program to GHG-emitting sources at the
emissions thresholds and in the same time frames as those specified in
the Tailoring Rule (75 FR 31514, June 3, 2010). In conjunction with
this approval of Idaho's PSD program for GHG-emitting sources, EPA is
rescinding the FIP at 40 CFR 52.37 which provides for EPA to be the PSD
permitting authority for GHG-emitting sources in Idaho.
EPA is also approving portions of Idaho's June 20, 2011, SIP
submittal to revise the incorporation by reference of federal
regulations revised as of July 1, 2010, in order to ensure Idaho's SIP
is up to date with changes to federal regulations. EPA is not acting on
the portions of the SIP revision that are not related to the criteria
pollutants regulated under title I of the CAA or the requirements for
SIPs under section 110 of the CAA. Finally, EPA is approving the
removal of language from the Idaho SIP that has become unnecessary due
to Idaho's incorporation by reference of the federal NAAQS and the
federal PSD regulations. Specifically, EPA is approving the removal of
the subsections of IDAPA 58.01.01.577 ``Ambient Air Quality Standards
for Specific Pollutants'' that relate to pollutants for which EPA has
promulgated a NAAQS, and which are now unnecessary because Idaho has
incorporated the federal NAAQS by reference into the state SIP. EPA is
also approving the changes to Idaho's PSD regulations at IDAPA
58.01.01.581.01 to remove the increments table in its entirety, and to
instead reference the federal PSD increment requirements contained in
40 CFR 52.21(c), which are incorporated by reference in the Idaho SIP.
This action is being taken under section 110 and part C of the CAA.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
[[Page 41918]]
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 Clean Air Act; 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 17, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 29, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR Part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. Sec. 52.37 is amended by removing and reserving paragraph (b)(4).
Subpart N--Idaho
0
3. In Sec. 52.670:
0
a. The table in paragraph (c) is amended by revising entry 107,
removing entry 577, and revising entry 581.
0
b. The table in paragraph (e) is amended by adding an entry at the end
of the table for ``Section 110(a)(2) Infrastructure Requirements for
the 1997 8-hour Ozone NAAQS.''
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Idaho Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------
* * * * * * *
107............................. Incorporations by 10/6/10, 5/8/09, 3/ 7/17/2012 [Insert Except Section
Reference. 30/07, page number where 107.03(f) through
3/20/04, 7/1/97, 5/ the document (m) and (o).
1/94. begins].
* * * * * * *
581............................. Prevention of 10/6/10, 4/11/06, 7/17/2012 [Insert
Significant 7/1/97, page number where
Deterioration 5/1/94............ the document
(PSD) Increments. begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 41919]]
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or non- State submittal EPA approval date Comments
attainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide......... 9/15/2008, 6/24/ 7/17/2012 [Insert This action
Requirements for the 1997 8- 2010. page number where addresses
hour Ozone NAAQS. the document following CAA
begins]. elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E)(i),
(E)(iii), (F),
(G), (H), (J),
(K), (L), and
(M).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-17277 Filed 7-16-12; 8:45 am]
BILLING CODE 6560-50-P
