Air Plan Approval: ID; Update to CRB Fee Billing Procedures, 45918-45920 [2019-18849]
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
EPA APPROVED GEORGIA SOURCE-SPECIFIC REQUIREMENTS—Continued
Permit No.
Owens-Corning Fiberglass Corporation.
3296–060–10079 conditions 25 through
29.
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[FR Doc. 2019–18590 Filed 8–30–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0403; FRL–9998–96–
Region 10]
Air Plan Approval: ID; Update to CRB
Fee Billing Procedures
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve state implementation
plan (SIP) revisions submitted by the
State of Idaho’s Department of
Environmental Quality on June 5, 2019.
The revisions implement changes to the
timing of when fees for open burning of
crop residue are paid. The changes
provide Idaho Department of
Environmental Quality a more
streamlined administrative process and
were based on recommendation from
Idaho’s Crop Residue Advisory
Committee.
DATES: This rule is effective on
November 4, 2019, without further
notice, unless the EPA receives adverse
comment by October 3, 2019. If the EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2019–0403 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
SUMMARY:
khammond on DSKBBV9HB2PROD with RULES
State effective
date
Name of source
VerDate Sep<11>2014
15:43 Aug 30, 2019
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11/15/1994
EPA approval date
3/18/1999, 64 FR
13348.
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick at (206) 553–1999, or
ruddick.randall@epa.gov, U.S.
Environmental Protection Agency,
Region 10, 1200 6th Avenue, Suite 155–
15–H13, Seattle, WA 98101–3188.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background
II. Analysis of Rule Updates
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
In 2013, the EPA approved revisions
related to Idaho’s open burning and
crop residue burning requirements that
established a streamlined permitting
process for spot burns, baled
agricultural residue burns, and propane
flaming. The revisions also made minor
changes to the existing crop residue
burning rules to update cross references
and clarify certain administrative
information. More information
regarding the revisions that the EPA
approved in 2013 can be found in the
EPA’s proposed and final actions on the
state’s 2011 SIP submittal. See 78 FR
2359 (January 11, 2013) and 78 FR
16790 (March 19, 2013).
II. Analysis of Rule Updates
On June 5, 2019, Idaho submitted a
SIP revision request to the EPA. The SIP
submittal contains two revisions to the
federally-approved crop residue burning
(CRB) rules. The two revisions were
conducted through Idaho’s negotiated
rulemaking process involving persons
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Comments
having an interest in the development of
the revisions and based on
recommendations from the Idaho Crop
Residue Advisory Committee.
Specifically, the June 5, 2019, SIP
submittal contains revisions to IDAPA
58.01.01.620.01, .02, and Idaho Code
39–114.
Fee due dates in IDAPA
58.01.01.620.01 were changed from ‘‘at
least seven (7) days prior to the
proposed burn date’’ to ‘‘within thirty
(30) days following the receipt of the
annual burn fee invoice.’’ This revision
does not change the burn fee amounts,
rather it only changes when the fee is
due. Idaho revised IDAPA
58.01.01.620.02 to clarify that IDEQ will
not accept or process registration for a
permit by rule to burn for any person
having burn fees delinquent, in full or
in part. Idaho Code 39–114 (codification
of Idaho Senate Bill 1024, Section 4)
was revised by removing the
requirement that fees be paid for acres
‘‘to be burned’’ and the requirement that
payment be made ‘‘prior to burning’’ to
align with revisions to IDAPA
58.01.01.620.01.
These revisions do not change fee
structure amounts and do not change
the timing of the fee payment for spot
and bale burn permits required under
IDAPA 58.01.01.624.02.a. All other CRB
requirements remain unchanged.
III. Final Action
EPA is approving, and incorporating
by reference in Idaho’s SIP, revisions to
Idaho’s CRB fee regulations as requested
by Idaho on June 5, 2019 to the
following provisions:
• IDAPA 58.01.01.620 (Burn Fee,
state effective April 11, 2019); and
• Idaho Code 39–114 (Open Burning
of Crop Residue, state effective February
26, 2019).
We have determined that the
submitted SIP revisions are consistent
with section 110 of the Clean Air Act
(CAA).
IV. Incorporation by Reference
In this rule, the EPA is approving
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are incorporating by reference
the provisions described above in
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
Section III. Final Action. The EPA has
made, and will continue to make, these
documents generally available through
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the ‘‘For Further
Information Contact’’ section of this
preamble for more information).
Therefore, 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 in
the next update to the SIP compilation.
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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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
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).
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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law 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 November 4, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
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45919
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. 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, so that
the EPA can withdraw 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
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 15, 2019.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
2. Amend § 52.670, in the table in
paragraph (c), by:
■ a. Revising entry for ‘‘620’’; and
■ b. Under the heading ‘‘State Statutes’’:
■ i. Removing the entry for ‘‘Section 3
of Senate Bill 1009, codified at Idaho
Code Section 39–114’’; and
■ ii. Adding an entry for ‘‘Section 4 of
Senate Bill 1024, codified at Idaho Code
Section 39–114’’.
The revision and addition read as
follows:
■
§ 52.670
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Identification of plan.
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(c) * * *
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
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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620 ................................................
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Burn Fee .......................................
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4/11/2019
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9/3/2019, [Insert Federal Register
citation].
*
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State Statutes
Section 4 of Senate Bill 1024,
codified at Idaho Code Section
39–114.
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Open Burning of Crop Residue ....
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[FR Doc. 2019–18849 Filed 8–30–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 19–588]
Radio Broadcasting Services; Various
Locations
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document amends the
FM Table of Allotments, of the
Commission’s rules, by reinstating
certain vacant FM allotments. These FM
allotments are considered vacant
because of the cancellation of the
associated authorizations and licenses,
or the dismissal of long-form auction
applications. Theses vacant FM
allotments have previously undergone
notice and comment rule making.
Reinstatement of the vacant allotments
is merely a ministerial action to
effectuate licensing procedures.
Therefore, we find for good cause that
further notice and comment are
unnecessary.
SUMMARY:
DATES:
Effective September 3, 2019.
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FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Order,
adopted June 24, 2019 and released June
25, 2019. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
2/26/2019
9/3/2019, .......................................
[Insert Federal Register citation].
A257, 445 12th Street SW, Washington,
DC 20554. The full text is also available
online at https://apps.fcc.gov/ecfs/. This
document does not contain information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. The Commission
will not send a copy of the Order in a
report to be sent to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A) because
the Order is a ministerial action.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.202(b), the table is amended
as follows:
■ a. Under Alabama by adding Camden,
Channel 230A, Maplesville, Channel
292A, and Thomaston, Channel 280C3,
in alphabetical order;
■ b. Under Alaska by adding Kotzebue,
Channel 280A, and Yakutat, Channel
280A, in alphabetical order;
■ c. Under Arizona by adding Salome,
Channel 231A, in alphabetical order;
■ d. Under California by adding Cartago,
Channel 233A, Coalinga, Channel
247B1, Earlimart, Channel 228A, and
Ludlow, Channel 261B1, in alphabetical
order;
■
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e. Under Colorado by adding Dotsero,
Channel 261A, in alphabetical order;
■ f. Under Florida by adding Fort
Walton Beach, Channel 295A, in
alphabetical order;
■ g. Under Georgia by adding Pembroke,
Channel 257C1, in alphabetical order;
■ h. Under Iowa by adding Dunkerton,
Channel 280A, and Rockford, Channel
225A, in alphabetical order;
■ i. Under Louisiana by adding Oil City,
Channel 285A, in alphabetical order;
■ j. Under Michigan by adding Carney,
Channel 260A, and Pigeon, Channel
267A, in alphabetical order;
■ k. Under Mississippi by adding
McLain, Channel 245A, New Albany,
Channel 268A, and New Augusta,
Channel 269A, in alphabetical order;
■ l. Under Montana by adding Valier,
Channel 289C1, in alphabetical order;
■ m. Under Nevada by adding Tonopah,
Channel 224A, in alphabetical order;
■ n. Under New Hampshire by adding
Stratford, Channel 254A, in alphabetical
order;
■ o. Under New Mexico by adding
Chama, Channel 241C3, and Lovington,
Channel 269C3, in alphabetical order;
■ p. Under New York by adding
Livingston Manor, Channel 296A, in
alphabetical order;
■ q. Under North Dakota by adding
Gackle, Channel 256C1, in alphabetical
order;
■ r. Under Texas by revising the entries
for Carrizo Springs and Groom;
■ s. Under Utah by adding Huntington,
Channel 287C3, in alphabetical order;
and
■ t. Under Wyoming by adding Albin,
Channel 282C3, Manville, Channel
255C1, Medicine Bow, Channel 259C3,
Rawlins, Channel 298C2, Rozet,
Channel 256C3, and Wamsutter,
Channel 285A, in alphabetical order,
and revising the entry for Wheatland.
The additions and revisions read as
follows:
■
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]]>Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45918-45920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18849]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0403; FRL-9998-96-Region 10]
Air Plan Approval: ID; Update to CRB Fee Billing Procedures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve state implementation plan (SIP) revisions
submitted by the State of Idaho's Department of Environmental Quality
on June 5, 2019. The revisions implement changes to the timing of when
fees for open burning of crop residue are paid. The changes provide
Idaho Department of Environmental Quality a more streamlined
administrative process and were based on recommendation from Idaho's
Crop Residue Advisory Committee.
DATES: This rule is effective on November 4, 2019, without further
notice, unless the EPA receives adverse comment by October 3, 2019. If
the EPA receives adverse comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2019-0403 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, or
[email protected], U.S. Environmental Protection Agency, Region
10, 1200 6th Avenue, Suite 155-15-H13, Seattle, WA 98101-3188.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
II. Analysis of Rule Updates
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
In 2013, the EPA approved revisions related to Idaho's open burning
and crop residue burning requirements that established a streamlined
permitting process for spot burns, baled agricultural residue burns,
and propane flaming. The revisions also made minor changes to the
existing crop residue burning rules to update cross references and
clarify certain administrative information. More information regarding
the revisions that the EPA approved in 2013 can be found in the EPA's
proposed and final actions on the state's 2011 SIP submittal. See 78 FR
2359 (January 11, 2013) and 78 FR 16790 (March 19, 2013).
II. Analysis of Rule Updates
On June 5, 2019, Idaho submitted a SIP revision request to the EPA.
The SIP submittal contains two revisions to the federally-approved crop
residue burning (CRB) rules. The two revisions were conducted through
Idaho's negotiated rulemaking process involving persons having an
interest in the development of the revisions and based on
recommendations from the Idaho Crop Residue Advisory Committee.
Specifically, the June 5, 2019, SIP submittal contains revisions to
IDAPA 58.01.01.620.01, .02, and Idaho Code 39-114.
Fee due dates in IDAPA 58.01.01.620.01 were changed from ``at least
seven (7) days prior to the proposed burn date'' to ``within thirty
(30) days following the receipt of the annual burn fee invoice.'' This
revision does not change the burn fee amounts, rather it only changes
when the fee is due. Idaho revised IDAPA 58.01.01.620.02 to clarify
that IDEQ will not accept or process registration for a permit by rule
to burn for any person having burn fees delinquent, in full or in part.
Idaho Code 39-114 (codification of Idaho Senate Bill 1024, Section 4)
was revised by removing the requirement that fees be paid for acres
``to be burned'' and the requirement that payment be made ``prior to
burning'' to align with revisions to IDAPA 58.01.01.620.01.
These revisions do not change fee structure amounts and do not
change the timing of the fee payment for spot and bale burn permits
required under IDAPA 58.01.01.624.02.a. All other CRB requirements
remain unchanged.
III. Final Action
EPA is approving, and incorporating by reference in Idaho's SIP,
revisions to Idaho's CRB fee regulations as requested by Idaho on June
5, 2019 to the following provisions:
IDAPA 58.01.01.620 (Burn Fee, state effective April 11,
2019); and
Idaho Code 39-114 (Open Burning of Crop Residue, state
effective February 26, 2019).
We have determined that the submitted SIP revisions are consistent
with section 110 of the Clean Air Act (CAA).
IV. Incorporation by Reference
In this rule, the EPA is approving regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, we are incorporating by reference the provisions described above
in
[[Page 45919]]
Section III. Final Action. The EPA has made, and will continue to make,
these documents generally available through www.regulations.gov and at
the EPA Region 10 Office (please contact the person identified in the
``For Further Information Contact'' section of this preamble for more
information). Therefore, 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 in the next update to the SIP compilation.
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, the EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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).
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 and will not impose substantial
direct costs on tribal governments or preempt tribal law 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 November 4, 2019. 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. 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, so that the EPA
can withdraw 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
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 15, 2019.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. Amend Sec. 52.670, in the table in paragraph (c), by:
0
a. Revising entry for ``620''; and
0
b. Under the heading ``State Statutes'':
0
i. Removing the entry for ``Section 3 of Senate Bill 1009, codified at
Idaho Code Section 39-114''; and
0
ii. Adding an entry for ``Section 4 of Senate Bill 1024, codified at
Idaho Code Section 39-114''.
The revision and addition read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
[[Page 45920]]
EPA-Approved Idaho Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------
* * * * * * *
620.............................. Burn Fee........... 4/11/2019 9/3/2019, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
State Statutes
----------------------------------------------------------------------------------------------------------------
Section 4 of Senate Bill 1024, Open Burning of 2/26/2019 9/3/2019,..........
codified at Idaho Code Section Crop Residue. [Insert Federal
39-114. Register citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-18849 Filed 8-30-19; 8:45 am]
BILLING CODE 6560-50-P
