Air Plan Approval; ID; Update to CRB Fee Billing Procedures, 67189-67191 [2019-26397]
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Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
tkelley on DSKBCP9HB2PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone for the
demolition of Lock and Dam 52
involving explosives on the Ohio River
in Brookport, IL. It is categorically
excluded from further review under
paragraph L60(a) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
67189
Dated: December 3, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–26472 Filed 12–6–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0486 to read as
follows:
■
§ 165.T08–0486
Brookport, IL.
Safety Zone; Ohio River,
(a) Location. The safety zone will
cover all navigable waters of the Ohio
River from mile marker (MM) 937 to
MM 941.
(b) Effective period. This section is
effective without actual notice from
December 9, 2019 through December 1,
2020. For the purposes of enforcement,
actual notice will be used from
December 3, 2019 through December 9,
2019
(c) Enforcement period. This section
will be enforced at midday each day
from December 3, 2019 through
December 1, 2020, as necessary to
facilitate safe demolition operations.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry of vessels or persons into the zone
is prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Ohio Valley.
(2) Vessels requiring entry into the
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
502–779–5422 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter the safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public when the safety zone
is being enforced via a Broadcast
Notices to Mariners.
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[EPA–R10–OAR–2019–0403; FRL–10002–
75–Region 10]
Air Plan Approval; ID; Update to CRB
Fee Billing Procedures
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking 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 recommendations from Idaho’s Crop
Residue Advisory Committee.
DATES: This rule is effective on January
8, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2019–0403. All
documents in the docket are listed on
https://www.regulations.gov website.
Publicly available docket materials are
available either through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick at (206) 553–1999, or
ruddick.randall@epa.gov,
Environmental Protection Agency,
Region 10, Air Planning Section, Air
and Radiation Division, 1200 Sixth
Avenue, Suite 155–15–H13, Seattle,
Washington 98101–3188.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
SUMMARY:
Table of Contents
I. Background
II. Response to Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. Background
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. Specifically, 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 from any person
with delinquent burn fees, in full or in
part. Idaho Code 39–114 (codification of
Idaho Senate Bill 1024, Section 4) was
revised by removing 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.
EPA published a direct final rule on
September 3, 2019 (84 FR 45918),
approving Idaho’s requested revisions to
the SIP, along with a proposed rule (84
FR 45930) that provided a 30-day public
comment period. EPA received one
anonymous comment during the public
comment period. Consequently, the
direct final rule on this approval was
withdrawn on October 21, 2019 (84 FR
56121). After consideration of the
comment, we do not believe any
changes in the rationale or conclusions
in the proposed approval are
appropriate. A summary of the comment
as well as EPA’s response is described
below.
tkelley on DSKBCP9HB2PROD with RULES
II. Response to Comment
Comment: The EPA received one
comment. The commenter
acknowledged that the EPA’s action
only addressed the timing of CRB fees
payment, but stated that the commenter
is ‘‘concerned as to whether or not the
environment is being fully considered.’’
The commenter’s main concerns relate
to failure to pay and that the proposed
change ‘‘may also provide incentive for
future fee evasion.’’ The commenter
states paying fees prior to burning
ensures fees are paid while allowing
payment after the burn does not ensure
payment; and asserts that ‘‘Ensuring
payment should precede streamlining
payment processes.’’
Response: We disagree with the
commenter’s assertions IDEQ’s revisions
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to the CRB rules provide an incentive
for fee evasion and promote
environmental degradation. First, the
substantive requirements for conducting
open burning in Idaho have not
changed. IDAPA 58.01.01.622 General
Provisions states ‘‘All persons intending
to dispose of crop residue through
burning shall abide by the following
provisions.’’ The provisions include a
requirement that IDEQ has designated
that day as a burn day based on
meteorological and ambient air
conditions and that the permittee has
received an individual approval
specifying the conditions under which
the burn may be conducted. In addition,
IDAPA 58.01.01.622.01.f requires
anyone intending to burn crop residue
to attend a crop residue burning training
session. Second, the rules contain
significant disincentives to evade or fail
to pay fees after receiving permission to
burn. IDAPA 58.01.01.620.02 provides
that IDEQ will not accept or process a
registration for a permit for any person
having delinquent fees, in full or part.
In addition, anyone burning in violation
of the CRB rules is subject to a fine of
up to $10,000 for each violation under
Idaho Statute 39–108(5). We, therefore,
have not made any changes to the
rationale or conclusions in the proposed
approval based on the comment
received.
III. Final Action
The 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
Section III. Final Action. The EPA has
made, and will continue to make, these
documents generally available
electronically through https://
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
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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
C:\TARSHA\09DER1.SGM
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67191
Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations
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 February 7, 2020. 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.
Authority: 42 U.S.C. 7401 et seq.
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 revisions and addition read as
follows:
■
§ 52.670
Dated: November 14, 2019.
Chris Hladick,
Regional Administrator, Region 10.
*
Identification of plan.
*
*
(c) * * *
*
*
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
EPA-APPROVED IDAHO REGULATIONS AND STATUTES
State citation
State effective
date
Title/subject
EPA approval date
Explanations
Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho
*
*
620 ......................................
*
*
Burn Fee
*
4/11/2019
*
*
*
*
12/09/2019, [Insert Federal Register citation].
*
*
*
*
*
State Statutes
Section 4 of Senate Bill
1024, codified at Idaho
Code Section 39–114.
*
*
*
*
Open Burning of
Crop Residue
*
[FR Doc. 2019–26397 Filed 12–6–19; 8:45 am]
BILLING CODE 6560–50–P
2/26/2019
12/09/2019, [Insert Federal Register citation].
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0072; FRL–10002–
81-Region 5]
tkelley on DSKBCP9HB2PROD with RULES
Air Plan Approval; Illinois; Sulfur
Dioxide
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
SUMMARY:
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submitted by the Illinois Environmental
Protection Agency (IEPA) on February 6,
2018, to revise the Illinois State
Implementation Plan (SIP) under the
Clean Air Act (CAA) for the 2010 1-hour
sulfur dioxide (SO2) National Ambient
Air Quality Standard (NAAQS). IEPA
specifically requested EPA approval to
amend the Illinois SIP for the 2010 1hour SO2 NAAQS to account for two
variances granted by the Illinois
Pollution Control Board (IPCB) to
Calpine Corporation (Calpine) and
Exelon Generation, LLC (Exelon). EPA
C:\TARSHA\09DER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Rules and Regulations]
[Pages 67189-67191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26397]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2019-0403; FRL-10002-75-Region 10]
Air Plan Approval; ID; Update to CRB Fee Billing Procedures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking 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 recommendations from Idaho's Crop Residue
Advisory Committee.
DATES: This rule is effective on January 8, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2019-0403. All documents in the docket are listed on
https://www.regulations.gov website. Publicly available docket
materials are available either through https://www.regulations.gov, or
please contact the person identified in the For Further Information
Contact section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, or
[email protected], Environmental Protection Agency, Region 10,
Air Planning Section, Air and Radiation Division, 1200 Sixth Avenue,
Suite 155-15-H13, Seattle, Washington 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. Response to Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
[[Page 67190]]
I. Background
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. Specifically, 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 from any person with
delinquent burn fees, in full or in part. Idaho Code 39-114
(codification of Idaho Senate Bill 1024, Section 4) was revised by
removing 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.
EPA published a direct final rule on September 3, 2019 (84 FR
45918), approving Idaho's requested revisions to the SIP, along with a
proposed rule (84 FR 45930) that provided a 30-day public comment
period. EPA received one anonymous comment during the public comment
period. Consequently, the direct final rule on this approval was
withdrawn on October 21, 2019 (84 FR 56121). After consideration of the
comment, we do not believe any changes in the rationale or conclusions
in the proposed approval are appropriate. A summary of the comment as
well as EPA's response is described below.
II. Response to Comment
Comment: The EPA received one comment. The commenter acknowledged
that the EPA's action only addressed the timing of CRB fees payment,
but stated that the commenter is ``concerned as to whether or not the
environment is being fully considered.'' The commenter's main concerns
relate to failure to pay and that the proposed change ``may also
provide incentive for future fee evasion.'' The commenter states paying
fees prior to burning ensures fees are paid while allowing payment
after the burn does not ensure payment; and asserts that ``Ensuring
payment should precede streamlining payment processes.''
Response: We disagree with the commenter's assertions IDEQ's
revisions to the CRB rules provide an incentive for fee evasion and
promote environmental degradation. First, the substantive requirements
for conducting open burning in Idaho have not changed. IDAPA
58.01.01.622 General Provisions states ``All persons intending to
dispose of crop residue through burning shall abide by the following
provisions.'' The provisions include a requirement that IDEQ has
designated that day as a burn day based on meteorological and ambient
air conditions and that the permittee has received an individual
approval specifying the conditions under which the burn may be
conducted. In addition, IDAPA 58.01.01.622.01.f requires anyone
intending to burn crop residue to attend a crop residue burning
training session. Second, the rules contain significant disincentives
to evade or fail to pay fees after receiving permission to burn. IDAPA
58.01.01.620.02 provides that IDEQ will not accept or process a
registration for a permit for any person having delinquent fees, in
full or part. In addition, anyone burning in violation of the CRB rules
is subject to a fine of up to $10,000 for each violation under Idaho
Statute 39-108(5). We, therefore, have not made any changes to the
rationale or conclusions in the proposed approval based on the comment
received.
III. Final Action
The 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 Section III. Final Action. The EPA has made, and will continue to
make, these documents generally available electronically through https://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
[[Page 67191]]
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 February 7, 2020. 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 14, 2019.
Chris Hladick,
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. AmendSec. 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 revisions and addition 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
620............................. Burn Fee 4/11/2019 12/09/2019, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
State Statutes
----------------------------------------------------------------------------------------------------------------
Section 4 of Senate Bill 1024, Open Burning of 2/26/2019 12/09/2019, [Insert
codified at Idaho Code Section Crop Residue Federal Register
39-114. citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-26397 Filed 12-6-19; 8:45 am]
BILLING CODE 6560-50-P
