81_FR_53446 81 FR 53290 - Approval and Promulgation of Implementation Plans; Idaho: Stationary Source Permitting Revisions

81 FR 53290 - Approval and Promulgation of Implementation Plans; Idaho: Stationary Source Permitting Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53290-53294
FR Document2016-19122

The Environmental Protection Agency (EPA) is approving, and incorporating by reference, revisions to 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.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016) 
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53290-53294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19122]


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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 http://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 http://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 http://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).
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    \1\ 62 FR 27968 (May 22, 1997).
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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

53290 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations Pursuant to CAA section 110(c)(1), tribe has demonstrated that a tribe has Under section 307(b)(1) of the CAA, this disapproval establishes a 2-year jurisdiction, or non-reservation areas of petitions for judicial review of this deadline for the EPA to promulgate a Indian country. Thus, Executive Order action must be filed in the United States FIP for Texas to address the 13175 does not apply to this action. Court of Appeals for the appropriate requirements of CAA section circuit by October 11, 2016. Filing a G. Executive Order 13045: Protection of 110(a)(2)(D)(i) with respect to the 2008 petition for reconsideration by the ozone NAAQS unless Texas submits Children From Environmental Health Administrator of this final rule does not and we approve a SIP that meets these Risks and Safety Risks affect the finality of this action for the requirements. Disapproval does not start The EPA interprets Executive Order purposes of judicial review nor does it a mandatory sanctions clock for Texas 13045 as applying only to those extend the time within which a petition pursuant to CAA section 179 because regulatory actions that concern for judicial review may be filed, and this action does not pertain to a part D environmental health or safety risks that shall not postpone the effectiveness of plan for nonattainment areas required the EPA has reason to believe may such rule or action. This action may not under CAA section 110(a)(2)(I) or a SIP disproportionately affect children, per be challenged later in proceedings to call pursuant to CAA section 110(k)(5). the definition of ‘‘covered regulatory enforce its requirements. (See CAA action’’ in section 2–202 of the section 307(b)(2).) IV. Statutory and Executive Order Executive Order. This action is not Reviews subject to Executive Order 13045 List of Subjects in 40 CFR Part 52 A. Executive Order 12866: Regulatory because it merely disapproves a SIP Environmental protection, Air Planning and Review and Executive submittal as not meeting certain CAA pollution control, Incorporation by Order 13563: Improving Regulation and requirements. reference, Ozone. Regulatory Review H. Executive Order 13211: Actions That Dated: August 1, 2016. This final action is not a ‘‘significant Significantly Affect Energy Supply, Ron Curry, regulatory action’’ and was therefore not Distribution or Use Regional Administrator, Region 6. submitted to the Office of Management This action is not subject to Executive 40 CFR part 52 is amended as follows: and Budget for review. Order 13211, because it is not a B. Paperwork Reduction Act (PRA) significant regulatory action under PART 52—APPROVAL AND Executive Order 12866. PROMULGATION OF This final action does not impose an IMPLEMENTATION PLANS information collection burden under the I. National Technology Transfer and PRA because it does not contain any Advancement Act ■ 1. The authority citation for part 52 information collection activities. continues to read as follows: This rulemaking does not involve C. Regulatory Flexibility Act (RFA) technical standards. Authority: 42 U.S.C. 7401 et seq. I certify that this action will not have J. Executive Order 12898: Federal Subpart SS—Texas a significant economic impact on a Actions To Address Environmental substantial number of small entities Justice in Minority Populations and ■ 2. Section 52.2275 is amended by under the RFA. This action merely Low-Income Populations adding paragraph (l) to read as follows: disapproves a SIP submittal as not The EPA believes the human health or § 52.2275 Control strategy and meeting certain CAA requirements. environmental risk addressed by this regulations: Ozone. D. Unfunded Mandates Reform Act action will not have potential * * * * * (UMRA) disproportionately high and adverse (l) The portion of the SIP submitted This action does not contain any human health or environmental effects on December 13, 2012 addressing Clean unfunded mandate as described in on minority, low-income or indigenous Air Act section 110(a)(2)(D)(i)(I) for the UMRA, 2 U.S.C. 1531–1538, and does populations. This action merely 2008 ozone NAAQS is disapproved. not significantly or uniquely affect small disapproves a SIP submittal as not [FR Doc. 2016–19151 Filed 8–11–16; 8:45 am] governments. The action imposes no meeting certain CAA requirements. enforceable duty on any state, local or The Congressional Review Act, 5 BILLING CODE 6560–50–P tribal governments or the private sector. U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement E. Executive Order 13132: Federalism Fairness Act of 1996, generally provides ENVIRONMENTAL PROTECTION that before a rule may take effect, the AGENCY This action does not have federalism implications. It will not have substantial agency promulgating the rule must 40 CFR Part 52 direct effects on the states, on the submit a rule report, which includes a relationship between the national copy of the rule, to each House of the [EPA–R10–OAR–2015–0397; FRL–9950–58– Congress and to the Comptroller General Region 10] government and the states, or on the distribution of power and of the United States. The EPA will submit a report containing this action Approval and Promulgation of responsibilities among the various Implementation Plans; Idaho: levels of government. and other required information to the U.S. Senate, the U.S. House of Stationary Source Permitting F. Executive Order 13175: Consultation Representatives, and the Comptroller Revisions and Coordination With Indian Tribal General of the United States prior to AGENCY: Environmental Protection ehiers on DSK5VPTVN1PROD with RULES Governments publication of the rule in the Federal Agency (EPA). This action does not have tribal Register. A major rule cannot take effect ACTION: Final rule. implications as specified in Executive until 60 days after it is published in the Order 13175. This action does not apply Federal Register. This action is not a SUMMARY: The Environmental Protection on any Indian reservation land, any ‘‘major rule’’ as defined by 5 U.S.C. Agency (EPA) is approving, and other area where the EPA or an Indian 804(2). incorporating by reference, revisions to VerDate Sep<11>2014 14:21 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.SGM 12AUR1

Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations 53291 the Idaho State Implementation Plan inappropriate for SIP approval (81 FR • IDAPA 58.01.01.790 Rules for the (SIP) submitted on May 21, 2015. In the 37170). Please see our proposed Control of Nonmetallic Mineral submission, Idaho revised stationary rulemaking for further explanation and Processing Plants (State effective 3/15/ source permitting rules, including the the basis for our finding. The public 2002); addition of facility-wide emission limits comment period for this proposal ended • IDAPA 58.01.01.791 General and nonmetallic mineral processing on July 11, 2016. We received no Control Requirements, (State effective 3/ plant regulations. Idaho also added an comments on the proposal. 15/2002); alternative method for stationary • IDAPA 58.01.01.793 Emissions II. Final Action Standards for Nonmetallic Mineral sources to comply with sulfur content of fuels limits, and updated provisions to The EPA is approving, and Processing Plants not Subject to 40 CFR account for changes to federal air incorporating by reference, the 60, Subpart OOO (State effective 3/15/ quality regulations. The EPA is following revisions to the Idaho SIP 2002); approving the submitted revisions, with submitted on May 21, 2015: • IDAPA 58.01.01.794 Permit the exception of certain provisions that • IDAPA 58.01.01.006 General Requirements, except .04 (State effective are inappropriate for SIP approval. Definitions, except .49, .50, .51, .66, .67, 4/11/2015); DATES: This final rule is effective .68.b, .116 (renumbered from .114), and • IDAPA 58.01.01.795 Permit by Rule September 12, 2016. .118 (renumbered from .116) (State Requirements (State effective 3/15/ effective 4/11/2014); 2002); ADDRESSES: The EPA has established a • IDAPA 58.01.01.011 Definitions for • IDAPA 58.01.01.796 Applicability docket for this action under Docket ID (State effective 3/15/2002); the Purposes of Sections 790 through No. EPA–R10–OAR–2015–0397. All • IDAPA 58.01.01.797 Registration 799 (State effective 3/15/2002); documents in the docket are listed on • IDAPA 58.01.01.107 Incorporations for Permit by Rule (State effective 3/15/ the http://www.regulations.gov Web by Reference, except .03.f through .n, 2002); site. Although listed in the index, some and with respect to .a, the incorporation • IDAPA 58.01.01.798 Electrical information may not be publicly by reference of 40 CFR 51.165 (State Generators (State effective 3/15/2002); available, i.e., Confidential Business effective 4/11/2015); and Information or other information the • IDAPA 58.01.01.157 Test Methods • IDAPA 58.01.01.799 Nonmetallic disclosure of which is restricted by and Procedures (State effective 4/11/ Mineral Processing Plan Fugitive Dust statute. Certain other material, such as 2015); Best Management Practice (State copyrighted material, is not placed on • IDAPA 58.01.01.175 Procedures effective 3/15/2002). the Internet and is publicly available and Requirements for Permits only in hard copy form. Publicly III. Incorporation by Reference Establishing a Facility Emissions Cap available docket materials are available (State effective 4/11/2015); In this rule, the EPA is finalizing at http://www.regulations.gov or at EPA • IDAPA 58.01.01.176 Facility regulatory text that includes Region 10, Office of Air and Waste, 1200 Emissions Cap, except for provisions incorporation by reference. In Sixth Avenue, Seattle, Washington relating to hazardous air pollutants accordance with requirements of 1 CFR 98101. The EPA requests that you (State effective 4/11/2015); 51.5, the EPA is finalizing the contact the person listed in the FOR • IDAPA 58.01.01.177 Application incorporation by reference as described FURTHER INFORMATION CONTACT section to Procedures (State effective 4/11/2015); in the amendments to 40 CFR part 52 set schedule your inspection. The Regional • IDAPA 58.01.01.178 Standard forth below. These materials have been Office’s official hours of business are Contents of Permits Establishing a approved by the EPA for inclusion in Monday through Friday, 8:30 to 4:30, Facility Emissions Cap (State effective the State Implementation Plan, have excluding federal holidays. 4/11/2015); been incorporated by reference by the FOR FURTHER INFORMATION CONTACT: • IDAPA 58.01.01.179 Procedures for EPA into that plan, are fully federally- Kristin Hall, Air Planning Unit, Office of Issuing Permits Establishing a Facility enforceable under sections 110 and 113 Air and Waste (AWT–150), Emissions Cap (State effective 4/11/ of the CAA as of the effective date of the Environmental Protection Agency— 2015); final rulemaking of the EPA’s approval, Region 10, 1200 Sixth Ave., Seattle, WA • IDAPA 58.01.01.180 Revisions to and will be incorporated by reference by 98101; telephone number: (206) 553– Permits Establishing a Facility the Director of the Federal Register in 6357; email address: hall.kristin@ Emissions Cap (State effective 4/11/ the next update to the SIP compilation.1 epa.gov. 2015); The EPA has made, and will continue SUPPLEMENTARY INFORMATION: • IDAPA 58.01.01.181 Notice and to make, these materials generally Throughout this document wherever Record-Keeping of Estimates of Ambient available through http:// ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is Concentrations (State effective 4/11/ www.regulations.gov and/or at the EPA intended to refer to the EPA. 2015); Region 10 Office (please contact the • IDAPA 58.01.01.201 Permit to person identified in the FOR FURTHER Table of Contents Construct Required (State effective 4/11/ INFORMATION CONTACT section of this I. Background 2006); preamble). II. Final Action • IDAPA 58.01.01.202 Application Procedures (State effective 4/11/2015); IV. Statutory and Executive Orders III. Incorporation by Reference • IDAPA 58.01.01.401 Tier II Review IV. Statutory and Executive Orders Review Operating Permit, except .01.a and .04, Under the CAA, the Administrator is I. Background (State effective 4/11/2006); required to approve a SIP submission ehiers on DSK5VPTVN1PROD with RULES On May 21, 2015, Idaho submitted • IDAPA 58.01.01.579 Baselines for that complies with the provisions of the revisions to the Idaho State Prevention of Significant Deterioration CAA and applicable federal regulations. Implementation Plan. On June 19, 2016, (State effective 4/11/2015); 42 U.S.C. 7410(k); 40 CFR 52.02(a). the EPA proposed to approve the • IDAPA 58.01.01.725 Rules for Thus, in reviewing SIP submissions, the submitted revisions, with the exception Sulfur Content of Fuels (State effective of certain provisions that are 4/11/2015); 1 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 14:21 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.SGM 12AUR1

53292 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations EPA’s role is to approve state choices, appropriate, disproportionate human shall not postpone the effectiveness of provided that they meet the criteria of health or environmental effects, using such rule or action. This action may not the CAA. Accordingly, this action practicable and legally permissible be challenged later in proceedings to merely approves state law as meeting methods, under Executive Order 12898 enforce its requirements. (See section federal requirements and does not (59 FR 7629, February 16, 1994). 307(b)(2)). impose additional requirements beyond In addition, the SIP is not approved those imposed by state law. For that List of Subjects in 40 CFR Part 52 to apply on any Indian reservation land reason, this action: or in any other area where the EPA or Environmental protection, Air • Is not a significant regulatory action an Indian Tribe has demonstrated that a pollution control, Incorporation by subject to review by the Office of Tribe has jurisdiction. In those areas of reference, Intergovernmental relations, Management and Budget under Indian country, the rule does not have Particulate matter, Reporting and Executive Orders 12866 (58 FR 51735, Tribal implications as specified by recordkeeping requirements, Sulfur October 4, 1993) and 13563 (76 FR 3821, Executive Order 13175 (65 FR 67249, oxides. January 21, 2011); November 9, 2000). • does not impose an information Authority: 42 U.S.C. 7401 et seq. The Congressional Review Act, 5 collection burden under the provisions Dated: July 25, 2016. U.S.C. 801 et seq., as added by the Small of the Paperwork Reduction Act (44 Business Regulatory Enforcement Dennis J. McLerran, U.S.C. 3501 et seq.); Fairness Act of 1996, generally provides Regional Administrator, Region 10. • is certified as not having a that before a rule may take effect, the For the reasons set forth in the significant economic impact on a agency promulgating the rule must preamble, 40 CFR part 52 is amended as substantial number of small entities submit a rule report, which includes a follows: under the Regulatory Flexibility Act (5 copy of the rule, to each House of the U.S.C. 601 et seq.); PART 52—APPROVAL AND Congress and to the Comptroller General • does not contain any unfunded PROMULGATION OF mandate or significantly or uniquely of the United States. The EPA will submit a report containing this action IMPLEMENTATION PLANS affect small governments, as described in the Unfunded Mandates Reform Act and other required information to the U.S. Senate, the U.S. House of ■ 1. The authority citation for part 52 of 1995 (Pub. L. 104–4); continues to read as follows: • does not have Federalism Representatives, and the Comptroller implications as specified in Executive General of the United States prior to Authority: 42 U.S.C. 7401 et seq. Order 13132 (64 FR 43255, August 10, publication of the rule in the Federal Register. A major rule cannot take effect Subpart N—Idaho 1999); • is not an economically significant until 60 days after it is published in the Federal Register. This action is not a ■ 2. In § 52.670, the table in paragraph regulatory action based on health or ‘‘major rule’’ as defined by 5 U.S.C. (c) is amended by: safety risks subject to Executive Order 804(2). ■ a. Revising entries 006, 107, 157, 201, 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action Under section 307(b)(1) of the CAA, 202, 401, 579, and 725. subject to Executive Order 13211 (66 FR petitions for judicial review of this ■ b. Adding entries 011, 175, 176, 177, 28355, May 22, 2001); action must be filed in the United States 178, 179, 180, 181, 790, 791, 793, 794, • is not subject to requirements of Court of Appeals for the appropriate 795, 796, 797, 798, and 799 in Section 12(d) of the National circuit by October 11, 2016. Filing a numerical order. Technology Transfer and Advancement petition for reconsideration by the The revisions and additions read as Act of 1995 (15 U.S.C. 272 note) because Administrator of this final rule does not follows: this action does not involve technical affect the finality of this action for the standards; and purposes of judicial review nor does it § 52.670 Identification of plan. • does not provide the EPA with the extend the time within which a petition * * * * * discretionary authority to address, as for judicial review may be filed, and (c) * * * EPA-APPROVED IDAHO REGULATIONS AND STATUTES State EPA State Title/subject effective approval Explanations citation date date 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, 3/30/2007, 4/ 8/12/2016, [Insert Except Section 006.49, 006.50, 11/2006, 7/1/2002, 4/5/2000, 3/ Federal Register 006.51, 006.66, 006.67, 20/1997, 5/1/1994. citation]. 006.68.b, 006.116, and 006.118. * * * * * * * 011 ........... Definitions for the Purposes of 3/15/2002 ...................................... 8/12/2016, [Insert ehiers on DSK5VPTVN1PROD with RULES Sections 790 through 799. Federal Register citation]. * * * * * * * 107 ........... Incorporation by Reference .......... 4/11/2015, 3/20/2014, 3/30/2007, 8/12/2016, [Insert Except Section 107.03.f through 7/1/1997, 5/1/1994. Federal Register 107.03.p. citation]. VerDate Sep<11>2014 14:21 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.SGM 12AUR1

Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations 53293 EPA-APPROVED IDAHO REGULATIONS AND STATUTES—Continued State EPA State Title/subject effective approval Explanations citation date date * * * * * * * 157 ........... Test Methods and Procedures ..... 4/11/2015 ...................................... 8/12/2016, [Insert Federal Register citation]. * * * * * * * 175 ........... Procedures and Requirements for 4/11/2015 ...................................... 8/12/2016, [Insert Permits Establishing a Facility Federal Register Emissions Cap. citation]. 176 ........... Facility Emissions Cap .................. 4/11/2015 ...................................... 8/12/2016, [Insert Except for provisions relating to Federal Register hazardous air pollutants. citation]. 177 ........... Application Procedures ................. 4/11/2015 ...................................... 8/12/2016, [Insert Federal Register citation]. 178 ........... Standard Contents of Permits Es- 4/11/2015 ...................................... 8/12/2016, [Insert tablishing a Facility Emissions Federal Register Cap. citation]. 179 ........... Procedures for Issuing Permits 4/11/2015 ...................................... 8/12/2016, [Insert Establishing a Facility Emis- Federal Register sions Cap. citation]. 180 ........... Revisions to Permits Establishing 4/11/2015 ...................................... 8/12/2016, [Insert a Facility Emissions Cap. Federal Register citation]. 181 ........... Notice and Record-Keeping of Es- 4/11/2015 ...................................... 8/12/2016, [Insert timates of Ambient Concentra- Federal Register tions. citation]. * * * * * * * 201 ........... Permit to Construct Required ....... 4/11/2006 ...................................... 8/12/2016, [Insert Federal Register citation]. 202 ........... Application Procedures ................. 4/11/2015 ...................................... 8/12/2016, [Insert Federal Register citation]. * * * * * * * 401 ........... Tier II Operating Permit ................ 4/11/2015 ...................................... 8/12/2016, [Insert Except Section 401.01.a and Federal Register 401.04. citation]. * * * * * * * 579 ........... Baselines for Prevention of Signifi- 4/11/2015 ...................................... 8/12/2016, [Insert cant Deterioration. 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 Non- 3/15/2002 ...................................... 8/12/2016, [Insert metallic Mineral Processing Federal Register Plants. citation]. 791 ........... General Control Requirements ..... 3/15/2002 ...................................... 8/12/2016, [Insert Federal Register citation]. 793 ........... Emissions Standards for Non- 3/15/2002 ...................................... 8/12/2016, [Insert metallic Mineral Processing Federal Register Plants not Subject to 40 CFR citation]. ehiers on DSK5VPTVN1PROD with RULES 60, Subpart OOO. 794 ........... Permit Requirements .................... 4/11/2015 ...................................... 8/12/2016, [Insert Except Section 794.04. Federal Register citation]. 795 ........... Permit by Rule Requirements ....... 3/15/2002 ...................................... 8/12/2016, [Insert Federal Register citation]. VerDate Sep<11>2014 14:21 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.SGM 12AUR1

53294 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations EPA-APPROVED IDAHO REGULATIONS AND STATUTES—Continued State EPA State Title/subject effective approval Explanations citation date date 796 ........... Applicability ................................... 3/15/2002 ...................................... 8/12/2016, [Insert Federal Register citation]. 797 ........... Registration for Permit by Rule .... 3/15/2002 ...................................... 8/12/2016, [Insert Federal Register citation]. 798 ........... Electrical Generators .................... 3/15/2002 ...................................... 8/12/2016, [Insert Federal Register citation]. 799 ........... Nonmetallic Mineral Processing 3/15/2002 ...................................... 8/12/2016, [Insert Plan Fugitive Dust Best Man- Federal Register agement Practice. citation]. * * * * * * * * * * * * San Joaquin Valley (SJV) area. The Table of Contents ■ 3. Section 52.683 is amended by revisions consist of an update to the I. Proposed Action revising paragraph (a) to read as follows: Motor Vehicle Emissions Budgets II. Public Comments (‘‘budgets’’) for nitrogen oxides (NOX) III. Final Action § 52.683 Significant deterioration of air and volatile organic compounds (VOCs) IV. Statutory and Executive Order Reviews quality. for the 1997 8-hour ozone national (a) The State of Idaho Rules for I. Proposed Action ambient air quality standard (NAAQS or Control of Air Pollution in Idaho, ‘‘standard’’) for the SJV ozone On May 18, 2016 (81 FR 31212), the specifically, IDAPA 58.01.01.005 nonattainment area and for NOX and EPA proposed, under section 110(k)(3) through 007 (definitions), IDAPA coarse particulate matter (PM10) for the of the Clean Air Act (CAA or ‘‘Act’’), to 58.01.01.107.03.a, .b, .c (incorporations 1987 24-hour PM10 standard for the SJV approve a revision to the California SIP by reference), IDAPA 58.01.01.200 PM10 maintenance area. The EPA is submitted by the California Air through 222 (permit to construct rules); approving the SJV ozone revised Resources Board (CARB) on November IDAPA 58.01.01.510 through 516 (stack budgets and conditionally approving the 13, 2015.1 The SIP submittal revises height rules); and IDAPA 58.01.01.575 PM10 budgets in accordance with the budgets applicable to control strategy or through 581 (standards, increments and requirements of the Clean Air Act (CAA maintenance plans for the SJV for the area designations) (except IDAPA or ‘‘Act’’) and the EPA’s regulations. 1997 8-hour ozone standard, 2006 24- 58.01.01.577), are approved as meeting hour PM2.5 standard, and the 1987 24- the requirements of title I, part C, DATES: This rule is effective on hour PM10 standard.2 In our May 18, subpart 1 of the Clean Air Act for September 30, 2016. 2016 action, we proposed to approve preventing significant deterioration of ADDRESSES: The EPA has established a revised budgets for the 1997 8-hour air quality. docket for this action under Docket ID ozone standard and the 2006 24-hour * * * * * Number EPA–R09–OAR–2015–0711. All PM2.5 standard. We also proposed to [FR Doc. 2016–19122 Filed 8–11–16; 8:45 am] documents in the docket are listed on conditionally approve revised budgets BILLING CODE 6560–50–P the http://www.regulations.gov Web for the 1987 24-hour PM10 standard. site. Although listed in the index, some CARB developed the revised budgets information is not publicly available, using EMFAC2014 and the travel ENVIRONMENTAL PROTECTION e.g., confidential business information activity projections provided by the SJV AGENCY or other information whose disclosure is Metropolitan Planning Organizations restricted by statute. Certain other (MPOs) consistent with the 2015 40 CFR Part 52 Federal Transportation Improvement material, such as copyrighted material, [EPA–R09–OAR–2015–0711; FRL–9949–84– is not placed on the Internet and will be Program (TIP). As such, the revised Region 9] publicly available only in hard copy budgets reflect the most recent planning form. Publicly available docket forecasts and are based on the most Approval and Promulgation of materials are available through http:// recent emission factor data and Implementation Plans; California; San www.regulations.gov, or please contact approved calculation methods. Joaquin Valley; Revisions to Motor The EPA previously approved the SJV the person identified in the FOR FURTHER Vehicle Emissions Budgets for Ozone budgets for the 1997 8-hour ozone INFORMATION CONTACT section for and Particulate Matter standard and the 24-hour PM10 additional availability information. standard. The ozone budgets were AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: John Agency (EPA). Ungvarsky, Air Planning Office (AIR–2), 1 Letter, Richard W. Corey, Executive Officer, ACTION: Final rule. ehiers on DSK5VPTVN1PROD with RULES U.S. Environmental Protection Agency, CARB to Jared Blumenfeld, Regional Administrator, EPA Region 9, November 13, 2015 with enclosures. Region 9, (415) 972–3963, SUMMARY: The Environmental Protection 2 For all three pollutants, the SJV nonattainment ungvarsky.john@epa.gov. area includes all of seven counties, including Agency (EPA) is taking final action to Fresno, Kings, Madera, Merced, San Joaquin, approve and conditionally approve SUPPLEMENTARY INFORMATION: Stanislaus, and Tulare counties, and the western revisions to the State of California’s Throughout this document, ‘‘we,’’ ‘‘us’’ half of Kern County. See the NAAQS-specific tables State Implementation Plan (SIP) for the and ‘‘our’’ refer to the EPA. in 40 CFR 81.305. VerDate Sep<11>2014 14:21 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.SGM 12AUR1


Document Created: 2018-02-09 11:33:37
Document Modified: 2018-02-09 11:33:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective September 12, 2016.
ContactKristin 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)
FR Citation81 FR 53290 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides
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