Approval and Promulgation of Implementation Plans; Idaho: Stationary Source Permitting Revisions, 53290-53294 [2016-19122]
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53290
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
Pursuant to CAA section 110(c)(1),
this disapproval establishes a 2-year
deadline for the EPA to promulgate a
FIP for Texas to address the
requirements of CAA section
110(a)(2)(D)(i) with respect to the 2008
ozone NAAQS unless Texas submits
and we approve a SIP that meets these
requirements. Disapproval does not start
a mandatory sanctions clock for Texas
pursuant to CAA section 179 because
this action does not pertain to a part D
plan for nonattainment areas required
under CAA section 110(a)(2)(I) or a SIP
call pursuant to CAA section 110(k)(5).
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This final action is not a ‘‘significant
regulatory action’’ and was therefore not
submitted to the Office of Management
and Budget for review.
B. Paperwork Reduction Act (PRA)
This final action does not impose an
information collection burden under the
PRA because it does not contain any
information collection activities.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action merely
disapproves a SIP submittal as not
meeting certain CAA requirements.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
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E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action does not apply
on any Indian reservation land, any
other area where the EPA or an Indian
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tribe has demonstrated that a tribe has
jurisdiction, or non-reservation areas of
Indian country. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it merely disapproves a SIP
submittal as not meeting certain CAA
requirements.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations. This action merely
disapproves a SIP submittal as not
meeting certain CAA requirements.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
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Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 11, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone.
Dated: August 1, 2016.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. Section 52.2275 is amended by
adding paragraph (l) to read as follows:
■
§ 52.2275 Control strategy and
regulations: Ozone.
*
*
*
*
*
(l) The portion of the SIP submitted
on December 13, 2012 addressing Clean
Air Act section 110(a)(2)(D)(i)(I) for the
2008 ozone NAAQS is disapproved.
[FR Doc. 2016–19151 Filed 8–11–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2015–0397; FRL–9950–58–
Region 10]
Approval and Promulgation of
Implementation Plans; Idaho:
Stationary Source Permitting
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, and
incorporating by reference, revisions to
SUMMARY:
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
the Idaho State Implementation Plan
(SIP) submitted on May 21, 2015. In the
submission, Idaho revised stationary
source permitting rules, including the
addition of facility-wide emission limits
and nonmetallic mineral processing
plant regulations. Idaho also added an
alternative method for stationary
sources to comply with sulfur content of
fuels limits, and updated provisions to
account for changes to federal air
quality regulations. The EPA is
approving the submitted revisions, with
the exception of certain provisions that
are inappropriate for SIP approval.
DATES: This final rule is effective
September 12, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2015–0397. All
documents in the docket are listed on
the https://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 the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the Internet and is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov or at EPA
Region 10, Office of Air and Waste, 1200
Sixth Avenue, Seattle, Washington
98101. The 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, Air Planning Unit, Office of
Air and Waste (AWT–150),
Environmental Protection Agency—
Region 10, 1200 Sixth Ave., Seattle, WA
98101; telephone number: (206) 553–
6357; email address: hall.kristin@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
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I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background
On May 21, 2015, Idaho submitted
revisions to the Idaho State
Implementation Plan. On June 19, 2016,
the EPA proposed to approve the
submitted revisions, with the exception
of certain provisions that are
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inappropriate for SIP approval (81 FR
37170). Please see our proposed
rulemaking for further explanation and
the basis for our finding. The public
comment period for this proposal ended
on July 11, 2016. We received no
comments on the proposal.
II. Final Action
The EPA is approving, and
incorporating by reference, the
following revisions to the Idaho SIP
submitted on May 21, 2015:
• IDAPA 58.01.01.006 General
Definitions, except .49, .50, .51, .66, .67,
.68.b, .116 (renumbered from .114), and
.118 (renumbered from .116) (State
effective 4/11/2014);
• IDAPA 58.01.01.011 Definitions for
the Purposes of Sections 790 through
799 (State effective 3/15/2002);
• IDAPA 58.01.01.107 Incorporations
by Reference, except .03.f through .n,
and with respect to .a, the incorporation
by reference of 40 CFR 51.165 (State
effective 4/11/2015);
• IDAPA 58.01.01.157 Test Methods
and Procedures (State effective 4/11/
2015);
• IDAPA 58.01.01.175 Procedures
and Requirements for Permits
Establishing a Facility Emissions Cap
(State effective 4/11/2015);
• IDAPA 58.01.01.176 Facility
Emissions Cap, except for provisions
relating to hazardous air pollutants
(State effective 4/11/2015);
• IDAPA 58.01.01.177 Application
Procedures (State effective 4/11/2015);
• IDAPA 58.01.01.178 Standard
Contents of Permits Establishing a
Facility Emissions Cap (State effective
4/11/2015);
• IDAPA 58.01.01.179 Procedures for
Issuing Permits Establishing a Facility
Emissions Cap (State effective 4/11/
2015);
• IDAPA 58.01.01.180 Revisions to
Permits Establishing a Facility
Emissions Cap (State effective 4/11/
2015);
• IDAPA 58.01.01.181 Notice and
Record-Keeping of Estimates of Ambient
Concentrations (State effective 4/11/
2015);
• IDAPA 58.01.01.201 Permit to
Construct Required (State effective 4/11/
2006);
• IDAPA 58.01.01.202 Application
Procedures (State effective 4/11/2015);
• IDAPA 58.01.01.401 Tier II
Operating Permit, except .01.a and .04,
(State effective 4/11/2006);
• IDAPA 58.01.01.579 Baselines for
Prevention of Significant Deterioration
(State effective 4/11/2015);
• IDAPA 58.01.01.725 Rules for
Sulfur Content of Fuels (State effective
4/11/2015);
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53291
• IDAPA 58.01.01.790 Rules for the
Control of Nonmetallic Mineral
Processing Plants (State effective 3/15/
2002);
• IDAPA 58.01.01.791 General
Control Requirements, (State effective 3/
15/2002);
• IDAPA 58.01.01.793 Emissions
Standards for Nonmetallic Mineral
Processing Plants not Subject to 40 CFR
60, Subpart OOO (State effective 3/15/
2002);
• IDAPA 58.01.01.794 Permit
Requirements, except .04 (State effective
4/11/2015);
• IDAPA 58.01.01.795 Permit by Rule
Requirements (State effective 3/15/
2002);
• IDAPA 58.01.01.796 Applicability
(State effective 3/15/2002);
• IDAPA 58.01.01.797 Registration
for Permit by Rule (State effective 3/15/
2002);
• IDAPA 58.01.01.798 Electrical
Generators (State effective 3/15/2002);
and
• IDAPA 58.01.01.799 Nonmetallic
Mineral Processing Plan Fugitive Dust
Best Management Practice (State
effective 3/15/2002).
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference as described
in the amendments to 40 CFR part 52 set
forth below. These materials have been
approved by the EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by the
EPA into that plan, are fully federallyenforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference by
the Director of the Federal Register in
the next update to the SIP compilation.1
The EPA has made, and will continue
to make, these materials generally
available through https://
www.regulations.gov and/or at the EPA
Region 10 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble).
IV. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
1 62
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FR 27968 (May 22, 1997).
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
this action does not involve technical
standards; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian Tribe has demonstrated that a
Tribe has jurisdiction. In those areas of
Indian country, the rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 11, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 25, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
2. In § 52.670, the table in paragraph
(c) is amended by:
■ a. Revising entries 006, 107, 157, 201,
202, 401, 579, and 725.
■ b. Adding entries 011, 175, 176, 177,
178, 179, 180, 181, 790, 791, 793, 794,
795, 796, 797, 798, and 799 in
numerical order.
The revisions and additions read as
follows:
■
§ 52.670
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED IDAHO REGULATIONS AND STATUTES
State
citation
State
effective
date
Title/subject
EPA
approval
date
Explanations
Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho
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*
006 ...........
*
General Definitions .......................
*
*
4/11/2015, 4/4/2013, 3/30/2007, 4/
11/2006, 7/1/2002, 4/5/2000, 3/
20/1997, 5/1/1994.
*
8/12/2016, [Insert
Federal Register
citation].
*
011 ...........
*
Definitions for the Purposes of
Sections 790 through 799.
*
*
3/15/2002 ......................................
*
8/12/2016, [Insert
Federal Register
citation].
*
107 ...........
*
Incorporation by Reference ..........
*
*
4/11/2015, 3/20/2014, 3/30/2007,
7/1/1997, 5/1/1994.
*
8/12/2016, [Insert
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citation].
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*
*
Except Section 006.49, 006.50,
006.51,
006.66,
006.67,
006.68.b,
006.116,
and
006.118.
*
*
*
*
Except Section 107.03.f through
107.03.p.
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
EPA-APPROVED IDAHO REGULATIONS AND STATUTES—Continued
State
citation
Title/subject
State
effective
date
EPA
approval
date
*
157 ...........
*
Test Methods and Procedures .....
*
*
4/11/2015 ......................................
*
8/12/2016, [Insert
Federal Register
citation].
*
*
*
175 ...........
*
*
4/11/2015 ......................................
*
4/11/2015 ......................................
177 ...........
Application Procedures .................
4/11/2015 ......................................
178 ...........
Standard Contents of Permits Establishing a Facility Emissions
Cap.
Procedures for Issuing Permits
Establishing a Facility Emissions Cap.
Revisions to Permits Establishing
a Facility Emissions Cap.
4/11/2015 ......................................
181 ...........
Notice and Record-Keeping of Estimates of Ambient Concentrations.
4/11/2015 ......................................
*
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
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citation].
8/12/2016, [Insert
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citation].
*
176 ...........
*
Procedures and Requirements for
Permits Establishing a Facility
Emissions Cap.
Facility Emissions Cap ..................
*
201 ...........
*
Permit to Construct Required .......
*
*
4/11/2006 ......................................
202 ...........
Application Procedures .................
4/11/2015 ......................................
*
401 ...........
*
Tier II Operating Permit ................
*
*
4/11/2015 ......................................
*
8/12/2016, [Insert
Federal Register
citation].
*
579 ...........
*
Baselines for Prevention of Significant Deterioration.
*
*
4/11/2015 ......................................
*
8/12/2016, [Insert
Federal Register
citation].
*
*
*
725 ...........
*
Rules for Sulfur Content of Fuels
*
*
4/11/2015 ......................................
*
8/12/2016, [Insert
Federal Register
citation].
*
*
*
790 ...........
*
Rules for the Control of Nonmetallic Mineral Processing
Plants.
General Control Requirements .....
*
*
3/15/2002 ......................................
*
*
3/15/2002 ......................................
794 ...........
Emissions Standards for Nonmetallic Mineral Processing
Plants not Subject to 40 CFR
60, Subpart OOO.
Permit Requirements ....................
*
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
Federal Register
citation].
4/11/2015 ......................................
795 ...........
Permit by Rule Requirements .......
3/15/2002 ......................................
179 ...........
180 ...........
791 ...........
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793 ...........
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4/11/2015 ......................................
4/11/2015 ......................................
3/15/2002 ......................................
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Explanations
Except for provisions relating to
hazardous air pollutants.
*
8/12/2016, [Insert
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citation].
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
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citation].
8/12/2016, [Insert
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citation].
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*
*
Except Section
401.04.
*
*
401.01.a
Except Section 794.04.
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EPA-APPROVED IDAHO REGULATIONS AND STATUTES—Continued
State
citation
Title/subject
State
effective
date
EPA
approval
date
796 ...........
Applicability ...................................
3/15/2002 ......................................
797 ...........
Registration for Permit by Rule ....
3/15/2002 ......................................
798 ...........
Electrical Generators ....................
3/15/2002 ......................................
799 ...........
Nonmetallic Mineral Processing
Plan Fugitive Dust Best Management Practice.
3/15/2002 ......................................
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
Federal Register
citation].
8/12/2016, [Insert
Federal Register
citation].
*
*
*
*
*
*
*
*
3. Section 52.683 is amended by
revising paragraph (a) to read as follows:
■
§ 52.683
quality.
Significant deterioration of air
(a) The State of Idaho Rules for
Control of Air Pollution in Idaho,
specifically, IDAPA 58.01.01.005
through 007 (definitions), IDAPA
58.01.01.107.03.a, .b, .c (incorporations
by reference), IDAPA 58.01.01.200
through 222 (permit to construct rules);
IDAPA 58.01.01.510 through 516 (stack
height rules); and IDAPA 58.01.01.575
through 581 (standards, increments and
area designations) (except IDAPA
58.01.01.577), are approved as meeting
the requirements of title I, part C,
subpart 1 of the Clean Air Act for
preventing significant deterioration of
air quality.
*
*
*
*
*
[FR Doc. 2016–19122 Filed 8–11–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0711; FRL–9949–84–
Region 9]
Approval and Promulgation of
Implementation Plans; California; San
Joaquin Valley; Revisions to Motor
Vehicle Emissions Budgets for Ozone
and Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve and conditionally approve
revisions to the State of California’s
State Implementation Plan (SIP) for the
SUMMARY:
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*
Explanations
*
*
*
San Joaquin Valley (SJV) area. The
revisions consist of an update to the
Motor Vehicle Emissions Budgets
(‘‘budgets’’) for nitrogen oxides (NOX)
and volatile organic compounds (VOCs)
for the 1997 8-hour ozone national
ambient air quality standard (NAAQS or
‘‘standard’’) for the SJV ozone
nonattainment area and for NOX and
coarse particulate matter (PM10) for the
1987 24-hour PM10 standard for the SJV
PM10 maintenance area. The EPA is
approving the SJV ozone revised
budgets and conditionally approving the
PM10 budgets in accordance with the
requirements of the Clean Air Act (CAA
or ‘‘Act’’) and the EPA’s regulations.
Table of Contents
SUPPLEMENTARY INFORMATION:
Fresno, Kings, Madera, Merced, San Joaquin,
Stanislaus, and Tulare counties, and the western
half of Kern County. See the NAAQS-specific tables
in 40 CFR 81.305.
I. Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On May 18, 2016 (81 FR 31212), the
EPA proposed, under section 110(k)(3)
of the Clean Air Act (CAA or ‘‘Act’’), to
approve a revision to the California SIP
submitted by the California Air
Resources Board (CARB) on November
13, 2015.1 The SIP submittal revises
budgets applicable to control strategy or
maintenance plans for the SJV for the
1997 8-hour ozone standard, 2006 24hour PM2.5 standard, and the 1987 24DATES: This rule is effective on
hour PM10 standard.2 In our May 18,
September 30, 2016.
2016 action, we proposed to approve
revised budgets for the 1997 8-hour
ADDRESSES: The EPA has established a
ozone standard and the 2006 24-hour
docket for this action under Docket ID
Number EPA–R09–OAR–2015–0711. All PM2.5 standard. We also proposed to
conditionally approve revised budgets
documents in the docket are listed on
for the 1987 24-hour PM10 standard.
the https://www.regulations.gov Web
CARB developed the revised budgets
site. Although listed in the index, some
using EMFAC2014 and the travel
information is not publicly available,
activity projections provided by the SJV
e.g., confidential business information
or other information whose disclosure is Metropolitan Planning Organizations
(MPOs) consistent with the 2015
restricted by statute. Certain other
Federal Transportation Improvement
material, such as copyrighted material,
is not placed on the Internet and will be Program (TIP). As such, the revised
budgets reflect the most recent planning
publicly available only in hard copy
forecasts and are based on the most
form. Publicly available docket
recent emission factor data and
materials are available through https://
approved calculation methods.
www.regulations.gov, or please contact
The EPA previously approved the SJV
the person identified in the FOR FURTHER
budgets for the 1997 8-hour ozone
INFORMATION CONTACT section for
standard and the 24-hour PM10
additional availability information.
standard. The ozone budgets were
FOR FURTHER INFORMATION CONTACT: John
1 Letter, Richard W. Corey, Executive Officer,
Ungvarsky, Air Planning Office (AIR–2),
CARB to Jared Blumenfeld, Regional Administrator,
U.S. Environmental Protection Agency,
EPA Region 9, November 13, 2015 with enclosures.
Region 9, (415) 972–3963,
2 For all three pollutants, the SJV nonattainment
ungvarsky.john@epa.gov.
area includes all of seven counties, including
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
PO 00000
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]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53290-53294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19122]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2015-0397; FRL-9950-58-Region 10]
Approval and Promulgation of Implementation Plans; Idaho:
Stationary Source Permitting Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving, and
incorporating by reference, revisions to
[[Page 53291]]
the Idaho State Implementation Plan (SIP) submitted on May 21, 2015. In
the submission, Idaho revised stationary source permitting rules,
including the addition of facility-wide emission limits and nonmetallic
mineral processing plant regulations. Idaho also added an alternative
method for stationary sources to comply with sulfur content of fuels
limits, and updated provisions to account for changes to federal air
quality regulations. The EPA is approving the submitted revisions, with
the exception of certain provisions that are inappropriate for SIP
approval.
DATES: This final rule is effective September 12, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2015-0397. All documents in the docket are
listed on the https://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 the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and is publicly
available only in hard copy form. Publicly available docket materials
are available at https://www.regulations.gov or at EPA Region 10, Office
of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The 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, Air Planning Unit,
Office of Air and Waste (AWT-150), Environmental Protection Agency--
Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206)
553-6357; email address: hall.kristin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background
On May 21, 2015, Idaho submitted revisions to the Idaho State
Implementation Plan. On June 19, 2016, the EPA proposed to approve the
submitted revisions, with the exception of certain provisions that are
inappropriate for SIP approval (81 FR 37170). Please see our proposed
rulemaking for further explanation and the basis for our finding. The
public comment period for this proposal ended on July 11, 2016. We
received no comments on the proposal.
II. Final Action
The EPA is approving, and incorporating by reference, the following
revisions to the Idaho SIP submitted on May 21, 2015:
IDAPA 58.01.01.006 General Definitions, except .49, .50,
.51, .66, .67, .68.b, .116 (renumbered from .114), and .118 (renumbered
from .116) (State effective 4/11/2014);
IDAPA 58.01.01.011 Definitions for the Purposes of
Sections 790 through 799 (State effective 3/15/2002);
IDAPA 58.01.01.107 Incorporations by Reference, except
.03.f through .n, and with respect to .a, the incorporation by
reference of 40 CFR 51.165 (State effective 4/11/2015);
IDAPA 58.01.01.157 Test Methods and Procedures (State
effective 4/11/2015);
IDAPA 58.01.01.175 Procedures and Requirements for Permits
Establishing a Facility Emissions Cap (State effective 4/11/2015);
IDAPA 58.01.01.176 Facility Emissions Cap, except for
provisions relating to hazardous air pollutants (State effective 4/11/
2015);
IDAPA 58.01.01.177 Application Procedures (State effective
4/11/2015);
IDAPA 58.01.01.178 Standard Contents of Permits
Establishing a Facility Emissions Cap (State effective 4/11/2015);
IDAPA 58.01.01.179 Procedures for Issuing Permits
Establishing a Facility Emissions Cap (State effective 4/11/2015);
IDAPA 58.01.01.180 Revisions to Permits Establishing a
Facility Emissions Cap (State effective 4/11/2015);
IDAPA 58.01.01.181 Notice and Record-Keeping of Estimates
of Ambient Concentrations (State effective 4/11/2015);
IDAPA 58.01.01.201 Permit to Construct Required (State
effective 4/11/2006);
IDAPA 58.01.01.202 Application Procedures (State effective
4/11/2015);
IDAPA 58.01.01.401 Tier II Operating Permit, except .01.a
and .04, (State effective 4/11/2006);
IDAPA 58.01.01.579 Baselines for Prevention of Significant
Deterioration (State effective 4/11/2015);
IDAPA 58.01.01.725 Rules for Sulfur Content of Fuels
(State effective 4/11/2015);
IDAPA 58.01.01.790 Rules for the Control of Nonmetallic
Mineral Processing Plants (State effective 3/15/2002);
IDAPA 58.01.01.791 General Control Requirements, (State
effective 3/15/2002);
IDAPA 58.01.01.793 Emissions Standards for Nonmetallic
Mineral Processing Plants not Subject to 40 CFR 60, Subpart OOO (State
effective 3/15/2002);
IDAPA 58.01.01.794 Permit Requirements, except .04 (State
effective 4/11/2015);
IDAPA 58.01.01.795 Permit by Rule Requirements (State
effective 3/15/2002);
IDAPA 58.01.01.796 Applicability (State effective 3/15/
2002);
IDAPA 58.01.01.797 Registration for Permit by Rule (State
effective 3/15/2002);
IDAPA 58.01.01.798 Electrical Generators (State effective
3/15/2002); and
IDAPA 58.01.01.799 Nonmetallic Mineral Processing Plan
Fugitive Dust Best Management Practice (State effective 3/15/2002).
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference as described
in the amendments to 40 CFR part 52 set forth below. These materials
have been approved by the EPA for inclusion in the State Implementation
Plan, have been incorporated by reference by the EPA into that plan,
are fully federally-enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of the EPA's approval,
and will be incorporated by reference by the Director of the Federal
Register in the next update to the SIP compilation.\1\ The EPA has
made, and will continue to make, these materials generally available
through https://www.regulations.gov and/or at the EPA Region 10 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the
[[Page 53292]]
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely approves state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 11, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 25, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart N--Idaho
0
2. In Sec. 52.670, the table in paragraph (c) is amended by:
0
a. Revising entries 006, 107, 157, 201, 202, 401, 579, and 725.
0
b. Adding entries 011, 175, 176, 177, 178, 179, 180, 181, 790, 791,
793, 794, 795, 796, 797, 798, and 799 in numerical order.
The revisions and additions read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Idaho Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
006............ General Definitions.. 4/11/2015, 4/4/2013, 8/12/2016, [Insert Federal Except Section
3/30/2007, 4/11/ Register citation]. 006.49, 006.50,
2006, 7/1/2002, 4/5/ 006.51, 006.66,
2000, 3/20/1997, 5/1/ 006.67, 006.68.b,
1994. 006.116, and
006.118.
* * * * * * *
011............ Definitions for the 3/15/2002............ 8/12/2016, [Insert Federal
Purposes of Sections Register citation].
790 through 799.
* * * * * * *
107............ Incorporation by 4/11/2015, 3/20/2014, 8/12/2016, [Insert Federal Except Section
Reference. 3/30/2007, 7/1/1997, Register citation]. 107.03.f through
5/1/1994. 107.03.p.
[[Page 53293]]
* * * * * * *
157............ Test Methods and 4/11/2015............ 8/12/2016, [Insert Federal
Procedures. Register citation].
* * * * * * *
175............ Procedures and 4/11/2015............ 8/12/2016, [Insert Federal
Requirements for Register citation].
Permits Establishing
a Facility Emissions
Cap.
176............ Facility Emissions 4/11/2015............ 8/12/2016, [Insert Federal Except for provisions
Cap. Register citation]. relating to
hazardous air
pollutants.
177............ Application 4/11/2015............ 8/12/2016, [Insert Federal
Procedures. Register citation].
178............ Standard Contents of 4/11/2015............ 8/12/2016, [Insert Federal
Permits Establishing Register citation].
a Facility Emissions
Cap.
179............ Procedures for 4/11/2015............ 8/12/2016, [Insert Federal
Issuing Permits Register citation].
Establishing a
Facility Emissions
Cap.
180............ Revisions to Permits 4/11/2015............ 8/12/2016, [Insert Federal
Establishing a Register citation].
Facility Emissions
Cap.
181............ Notice and Record- 4/11/2015............ 8/12/2016, [Insert Federal
Keeping of Estimates Register citation].
of Ambient
Concentrations.
* * * * * * *
201............ Permit to Construct 4/11/2006............ 8/12/2016, [Insert Federal
Required. Register citation].
202............ Application 4/11/2015............ 8/12/2016, [Insert Federal
Procedures. Register citation].
* * * * * * *
401............ Tier II Operating 4/11/2015............ 8/12/2016, [Insert Federal Except Section
Permit. Register citation]. 401.01.a and 401.04.
* * * * * * *
579............ Baselines for 4/11/2015............ 8/12/2016, [Insert Federal
Prevention of Register citation].
Significant
Deterioration.
* * * * * * *
725............ Rules for Sulfur 4/11/2015............ 8/12/2016, [Insert Federal
Content of Fuels. Register citation].
* * * * * * *
790............ Rules for the Control 3/15/2002............ 8/12/2016, [Insert Federal
of Nonmetallic Register citation].
Mineral Processing
Plants.
791............ General Control 3/15/2002............ 8/12/2016, [Insert Federal
Requirements. Register citation].
793............ Emissions Standards 3/15/2002............ 8/12/2016, [Insert Federal
for Nonmetallic Register citation].
Mineral Processing
Plants not Subject
to 40 CFR 60,
Subpart OOO.
794............ Permit Requirements.. 4/11/2015............ 8/12/2016, [Insert Federal Except Section
Register citation]. 794.04.
795............ Permit by Rule 3/15/2002............ 8/12/2016, [Insert Federal
Requirements. Register citation].
[[Page 53294]]
796............ Applicability........ 3/15/2002............ 8/12/2016, [Insert Federal
Register citation].
797............ Registration for 3/15/2002............ 8/12/2016, [Insert Federal
Permit by Rule. Register citation].
798............ Electrical Generators 3/15/2002............ 8/12/2016, [Insert Federal
Register citation].
799............ Nonmetallic Mineral 3/15/2002............ 8/12/2016, [Insert Federal
Processing Plan Register citation].
Fugitive Dust Best
Management Practice.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.683 is amended by revising paragraph (a) to read as
follows:
Sec. 52.683 Significant deterioration of air quality.
(a) The State of Idaho Rules for Control of Air Pollution in Idaho,
specifically, IDAPA 58.01.01.005 through 007 (definitions), IDAPA
58.01.01.107.03.a, .b, .c (incorporations by reference), IDAPA
58.01.01.200 through 222 (permit to construct rules); IDAPA
58.01.01.510 through 516 (stack height rules); and IDAPA 58.01.01.575
through 581 (standards, increments and area designations) (except IDAPA
58.01.01.577), are approved as meeting the requirements of title I,
part C, subpart 1 of the Clean Air Act for preventing significant
deterioration of air quality.
* * * * *
[FR Doc. 2016-19122 Filed 8-11-16; 8:45 am]
BILLING CODE 6560-50-P
