82_FR_22174 82 FR 22083 - Air Plan Approval; ID, Updates to Incorporations by Reference

82 FR 22083 - Air Plan Approval; ID, Updates to Incorporations by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 91 (May 12, 2017)

Page Range22083-22086
FR Document2017-09542

The Environmental Protection Agency (EPA) is taking direct final action to approve, and incorporate by reference, portions of Idaho's April 28, 2016, State Implementation Plan submittal (SIP submittal) that update the incorporation by reference of federal air quality regulations. We note that this action does not address the changes Idaho withdrew related to transportation conformity requirements.

Federal Register, Volume 82 Issue 91 (Friday, May 12, 2017)
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22083-22086]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09542]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2016-0584; FRL-9960-43-Region 10]


Air Plan Approval; ID, Updates to Incorporations by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve, and incorporate by reference, portions of 
Idaho's April 28, 2016, State Implementation Plan submittal (SIP 
submittal) that update the incorporation by reference of federal air 
quality regulations. We note that this action does not address the 
changes

[[Page 22084]]

Idaho withdrew related to transportation conformity requirements.

DATES: This rule is effective July 11, 2017, without further notice, 
unless the EPA receives adverse comment by June 12, 2017. 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-2016-0584 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, or 
[email protected].

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. Analysis of Rule Updates
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Orders Review

I. Background

    Section 110 of the Clean Air Act (CAA) governs the process by which 
a state submits air quality protection requirements to the EPA for 
approval into the State Implementation Plan (SIP). The SIP is the 
state's plan to implement, maintain, and enforce National Ambient Air 
Quality Standards (NAAQS) set by the EPA. Idaho regularly updates the 
Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01) to 
reflect changes to the NAAQS and to improve implementation, 
maintenance, and enforcement of those standards. We note that Idaho 
incorporates by reference portions of certain federal regulations 
directly into the SIP. The state generally submits an annual update to 
the EPA to keep rules consistent with federal requirements.

II. Analysis of Rule Updates

A. Incorporations by Reference

    On April 28, 2016, Idaho submitted revisions to state air quality 
rules at IDAPA 58.01.01 to the EPA for approval into the SIP. Idaho 
revised section .03 of IDAPA 58.01.01.107 Incorporations by Reference 
by updating the citation dates that incorporate federal provisions and 
the effective dates of the incorporated federal provisions from July 1, 
2014 to July 1, 2015. IDAPA 58.01.01.107.03.a incorporates by reference 
40 CFR part 51, Requirements for Preparation, Adoption, and Submittal 
of Implementation Plans, with the exception of certain visibility-
related provisions, effective as of July 1, 2015. We note that Idaho 
did not submit updates to the incorporation of federal provisions 
relied on as part of the State's nonattainment area major stationary 
source preconstruction permitting program.
    IDAPA 58.01.01.03.b, .d, and .e incorporate the following 
provisions effective as of July 1, 2015: National Primary and Secondary 
Ambient Air Quality Standards, 40 CFR part 50; Ambient Air Monitoring 
Reference and Equivalent Methods, 40 CFR part 53; and Ambient Air 
Quality Surveillance, 40 CFR part 58. We find that paragraphs .b, .d, 
and .e are consistent with CAA requirements.
    IDAPA 58.01.01.03.c incorporates the Approval and Promulgation of 
Implementation Plans, 40 CFR part 52, subparts A and N, and appendices 
D and E. This includes the federal Prevention of Significant 
Deterioration (PSD) permitting rules at 40 CFR 52.21 and 52.22, as 
effective July 1, 2015. The EPA promulgated revisions to 40 CFR 52.21 
and repealed 52.22 since July 1, 2015 in response to a court remand and 
vacatur. Specifically, on June 23, 2014, the United States Supreme 
Court, in Utility Air Regulatory Group (UARG) v. EPA,\1\ issued a 
decision addressing the application of PSD permitting to greenhouse gas 
(GHG) emissions. The Supreme Court said the EPA may not treat GHGs as 
air pollutants for purposes of determining whether a source is a major 
source (or modification thereof) required to obtain a PSD permit. The 
Court also said the EPA could continue to require that PSD permits, 
otherwise required based on emissions of pollutants other than GHGs, 
contain limits on GHG emissions based on the application of Best 
Available Control Technology (BACT). In response to the UARG decision, 
and the subsequent Amended Judgment issued by the D.C. Circuit (Amended 
Judgment),\2\ the EPA revised the federal PSD rules to allow for the 
rescission of PSD permits that are no longer required under these 
decisions, 80 FR 26183 (May 7, 2015), and to remove the regulatory 
provisions that were specifically vacated by the Amended Judgment, 80 
FR 50199 (August 19, 2015) (removing 40 CFR 51.166(b)(48)(v), 
52.21(b)(49)(v), 52.22, 70.12, and 71.13). In addition, the EPA has 
proposed to revise provisions in the PSD permitting regulations 
applicable to GHGs to fully conform with UARG and the Amended Judgment, 
but those revisions have not been finalized. 81 FR 68110 (Oct. 3, 
2016).
---------------------------------------------------------------------------

    \1\ 134 S.Ct. 2427 (2014).
    \2\ Coalition for Responsible Regulation v. EPA, Nos. 09-1322, 
10-073, 10-1092, and 10-1167 (April 15, 2015).
---------------------------------------------------------------------------

    Idaho's adoption by reference of 40 CFR 52.21 and 52.22 as of July 
1, 2015 included the May 7, 2015 revisions to 40 CFR 52.21(w),\3\ 
providing a mechanism for Idaho to rescind PSD permits that are no 
longer required in light of UARG and the Amended Judgment, but did not 
include the August 19, 2015 revisions to the federal PSD program 
removing the PSD provisions vacated by the Amended Judgment. The Idaho 
SIP currently contains the vacated GHG provisions (through the 
incorporation by reference of a previous version of 40 CFR 52.21), so 
the EPA's approval of the CFR incorporation by reference update to July 
1, 2015 does not change the Idaho SIP with respect to the vacated 
provisions. However, the now-vacated portions of 40 CFR 52.21 
incorporated into the Idaho SIP-approved PSD program are no longer 
enforceable. The EPA believes this portion of the Idaho SIP should be 
revised in light of the D.C. Circuit's Amended Judgment, but the EPA 
also notes that these provisions may not be implemented even prior to 
their removal from the Idaho SIP because the court decisions described 
above have determined these parts of the EPA's regulations are 
unlawful. Further, Idaho has advised the EPA that

[[Page 22085]]

it is not currently enforcing these provisions in light of the Supreme 
Court decision and that the Idaho Department of Environmental Quality 
has adopted an update to its incorporation by reference of the CFR, 
including the August 19, 2015 revisions to 40 CFR 52.21 and 52.22, 
which update awaits final approval by the Idaho Legislature, likely to 
occur in March of 2017. We are therefore approving paragraph .c with 
the understanding that the GHG provisions vacated by the court 
decisions cannot be implemented and are not being enforced by Idaho. We 
are also approving Idaho's revisions to IDAPA 58.01.01.03.a, .b, .d, 
and .e as described in this section.
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    \3\ Idaho's 2015 adoption by reference did not include the 
additional revisions to the permit rescission provisions in 40 CFR 
52.21(w) published on November 7, 2016. 81 FR 78043. These revisions 
did not specifically relate to GHGs.
---------------------------------------------------------------------------

B. Procedures and Requirements for Permits To Construct

    Idaho revised IDAPA 58.01.01.200 Procedures and Requirements for 
Permits to Construct to clarify that the state incorporates the federal 
definitions of ``major stationary source'' and ``major modification'' 
applicable in attainment and unclassifiable areas, in addition to the 
federal definitions of those terms applicable in nonattainment areas, 
effective as of the citation date in IDAPA 58.01.01.107, which is July 
1, 2015. We are approving the clarification.

III. Final Action

    The EPA is approving and incorporating by reference the following 
revisions to the Idaho SIP submitted on April 28, 2016:
     IDAPA 58.01.01.107 Incorporations by Reference, except 
.03.f through .p, and with respect to .a, the incorporation by 
reference of 40 CFR 51.165 (State effective March 25, 2016); and
     IDAPA 58.01.01.200 Procedures and Requirements for Permits 
to Construct (State effective March 25, 2016).
    We note that this action does not address the changes to IDAPA 
58.01.01.107.q, .563, and .564 related to transportation conformity 
requirements. Idaho withdrew these three revisions.

IV. 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.\4\ 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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    \4\ 62 FR 27968 (May 22, 1997).
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V. 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 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 July 11, 2017. 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: February 7, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

[[Page 22086]]

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 revising 
entries ``107'' and ``200'' to read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                   EPA-Approved Idaho Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
      State citation           Title/subject     State effective date    EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
      Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
107......................  Incorporation by      3/25/2016, 3/20/      5/12/2017, [insert    Except Section
                            Reference.            2014, 3/30/2007, 7/   Federal Register      107.03.f through
                                                  1/1997, 5/1/1994.     citation].            107.03.p, and with
                                                                                              respect to
                                                                                              107.03.a the
                                                                                              incorporation by
                                                                                              reference of 40
                                                                                              CFR 51.165.
 
                                                  * * * * * * *
200......................  Procedures and        3/25/2016...........  5/12/2017, [insert    ...................
                            Requirements for                            Federal Register
                            Permits to                                  citation].
                            Construct.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-09542 Filed 5-11-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations                                                        22083

                                                ‘‘major rule’’ as defined by 5 U.S.C.                    reference, Intergovernmental relations,                 Subpart C—Alaska
                                                804(2).                                                  Lead, Nitrogen dioxide, Ozone,
                                                   Under CAA section 307(b)(1),                          Particulate matter, Reporting and                       ■  2. In § 52.70, the table in paragraph (e)
                                                petitions for judicial review of this                    recordkeeping requirements, Sulfur                      is amended by:
                                                action must be filed in the United States                oxides, Volatile organic compounds.
                                                Court of Appeals for the appropriate                                                                             ■ a. Revising the entry for ‘‘CAA Section
                                                                                                             Authority: 42 U.S.C. 7401 et seq.                   110 Infrastructure Certification
                                                circuit by July 11, 2017. Filing a petition
                                                for reconsideration by the Administrator                  Dated: April 11, 2017.                                 Documentation and Supporting
                                                of this final rule does not affect the                   Michelle L. Pirzadeh,                                   Documents’’; and
                                                finality of this action for the purposes of              Acting Regional Administrator, Region 10.               ■ b. Adding two entries at the end of the
                                                judicial review nor does it extend the                                                                           table for ‘‘110(a)(2) Infrastructure
                                                time within which a petition for judicial                  For the reasons set forth in the
                                                                                                         preamble, 40 CFR part 52 is amended as                  Requirements—2010 NO2 NAAQS’’ and
                                                review may be filed, and shall not                                                                               ‘‘110(a)(2) Infrastructure
                                                postpone the effectiveness of such rule                  follows:
                                                                                                                                                                 Requirements—2010 SO2 NAAQS’’.
                                                or action. This action may not be                        PART 52—APPROVAL AND
                                                challenged later in proceedings to                                                                                  The revision and additions read as
                                                                                                         PROMULGATION OF                                         follows:
                                                enforce its requirements. (See CAA                       IMPLEMENTATION PLANS
                                                section 307(b)(2)).                                                                                              § 52.70    Identification of plan.
                                                List of Subjects in 40 CFR Part 52                       ■ 1. The authority citation for part 52                 *       *    *         *      *
                                                  Environmental protection, Air                          continues to read as follows:
                                                                                                                                                                     (e) * * *
                                                pollution control, Incorporation by                          Authority: 42 U.S.C. 7401 et seq.

                                                                   EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
                                                                                   Applicable                  State
                                                                                 geographic or
                                                  Name of SIP provision                                      submittal           EPA approval date                                  Comments
                                                                                 non-attainment                date
                                                                                      area


                                                          *                      *                           *                      *                       *                       *                      *

                                                                                           State of Alaska Air Quality Control Plan: Volume III. Appendices

                                                                                                         Section II State Air Quality Control Program


                                                         *                       *                           *                      *                       *                       *                      *
                                                CAA Section 110 Infra-          Statewide ..........              5/12/15    5/12/17, [Insert Federal
                                                 structure Certification                                                       Register citation].
                                                 Documentation and
                                                 Supporting Documents.

                                                          *                      *                           *                      *                       *                       *                      *

                                                                                                   Section 110(a)(2) Infrastructure and Interstate Transport


                                                         *                       *                           *                      *                       *                       *                       *
                                                110(a)(2) Infrastructure        Statewide ..........              5/12/15    5/12/17, [Insert Federal       Approves SIP        for purposes of CAA sections
                                                  Requirements—2010                                                            Register citation].            110(a)(2)(A),    (B), (C), (D)(i)(II), (D)(ii), (E), (F),
                                                  NO2 NAAQS.                                                                                                  (G), (H), (J),   (K), (L), and (M) for the 2010 NO2
                                                                                                                                                              NAAQS.
                                                110(a)(2) Infrastructure        Statewide ..........              5/12/15    5/12/17, [Insert Federal       Approves SIP        for purposes of CAA sections
                                                  Requirements—2010                                                            Register citation].            110(a)(2)(A),    (B), (C), (D)(i)(II), (D)(ii), (E), (F),
                                                  SO2 NAAQS.                                                                                                  (G), (H), (J),   (K), (L), and (M) for the 2010 SO2
                                                                                                                                                              NAAQS.



                                                [FR Doc. 2017–09533 Filed 5–11–17; 8:45 am]              ENVIRONMENTAL PROTECTION                                ACTION:    Direct final rule.
                                                BILLING CODE 6560–50–P                                   AGENCY
                                                                                                                                                                 SUMMARY:   The Environmental Protection
                                                                                                         40 CFR Part 52                                          Agency (EPA) is taking direct final
                                                                                                                                                                 action to approve, and incorporate by
mstockstill on DSK30JT082PROD with RULES




                                                                                                         [EPA–R10–OAR–2016–0584; FRL–9960–43–                    reference, portions of Idaho’s April 28,
                                                                                                         Region 10]                                              2016, State Implementation Plan
                                                                                                                                                                 submittal (SIP submittal) that update the
                                                                                                         Air Plan Approval; ID, Updates to
                                                                                                                                                                 incorporation by reference of federal air
                                                                                                         Incorporations by Reference
                                                                                                                                                                 quality regulations. We note that this
                                                                                                         AGENCY: Environmental Protection                        action does not address the changes
                                                                                                         Agency (EPA).


                                           VerDate Sep<11>2014   16:29 May 11, 2017   Jkt 241001    PO 00000     Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\12MYR1.SGM    12MYR1


                                                22084                 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

                                                Idaho withdrew related to                               (IDAPA 58.01.01) to reflect changes to                 major source (or modification thereof)
                                                transportation conformity requirements.                 the NAAQS and to improve                               required to obtain a PSD permit. The
                                                DATES: This rule is effective July 11,                  implementation, maintenance, and                       Court also said the EPA could continue
                                                2017, without further notice, unless the                enforcement of those standards. We note                to require that PSD permits, otherwise
                                                EPA receives adverse comment by June                    that Idaho incorporates by reference                   required based on emissions of
                                                12, 2017. If the EPA receives adverse                   portions of certain federal regulations                pollutants other than GHGs, contain
                                                comment, we will publish a timely                       directly into the SIP. The state generally             limits on GHG emissions based on the
                                                withdrawal in the Federal Register                      submits an annual update to the EPA to                 application of Best Available Control
                                                informing the public that the rule will                 keep rules consistent with federal                     Technology (BACT). In response to the
                                                not take effect.                                        requirements.                                          UARG decision, and the subsequent
                                                                                                                                                               Amended Judgment issued by the D.C.
                                                ADDRESSES: Submit your comments,                        II. Analysis of Rule Updates                           Circuit (Amended Judgment),2 the EPA
                                                identified by Docket ID No. EPA–R10–
                                                                                                        A. Incorporations by Reference                         revised the federal PSD rules to allow
                                                OAR–2016–0584 at http://
                                                                                                                                                               for the rescission of PSD permits that
                                                www.regulations.gov. Follow the online                     On April 28, 2016, Idaho submitted
                                                                                                                                                               are no longer required under these
                                                instructions for submitting comments.                   revisions to state air quality rules at
                                                                                                                                                               decisions, 80 FR 26183 (May 7, 2015),
                                                Once submitted, comments cannot be                      IDAPA 58.01.01 to the EPA for approval
                                                                                                                                                               and to remove the regulatory provisions
                                                edited or removed from Regulations.gov.                 into the SIP. Idaho revised section .03
                                                                                                                                                               that were specifically vacated by the
                                                The EPA may publish any comment                         of IDAPA 58.01.01.107 Incorporations
                                                                                                                                                               Amended Judgment, 80 FR 50199
                                                received to its public docket. Do not                   by Reference by updating the citation
                                                                                                                                                               (August 19, 2015) (removing 40 CFR
                                                submit electronically any information                   dates that incorporate federal provisions
                                                                                                                                                               51.166(b)(48)(v), 52.21(b)(49)(v), 52.22,
                                                you consider to be Confidential                         and the effective dates of the                         70.12, and 71.13). In addition, the EPA
                                                Business Information (CBI) or other                     incorporated federal provisions from                   has proposed to revise provisions in the
                                                information whose disclosure is                         July 1, 2014 to July 1, 2015. IDAPA                    PSD permitting regulations applicable to
                                                restricted by statute. Multimedia                       58.01.01.107.03.a incorporates by                      GHGs to fully conform with UARG and
                                                submissions (audio, video, etc.) must be                reference 40 CFR part 51, Requirements                 the Amended Judgment, but those
                                                accompanied by a written comment.                       for Preparation, Adoption, and                         revisions have not been finalized. 81 FR
                                                The written comment is considered the                   Submittal of Implementation Plans,                     68110 (Oct. 3, 2016).
                                                official comment and should include                     with the exception of certain visibility-                 Idaho’s adoption by reference of 40
                                                discussion of all points you wish to                    related provisions, effective as of July 1,            CFR 52.21 and 52.22 as of July 1, 2015
                                                make. The EPA will generally not                        2015. We note that Idaho did not submit                included the May 7, 2015 revisions to
                                                consider comments or comment                            updates to the incorporation of federal                40 CFR 52.21(w),3 providing a
                                                contents located outside of the primary                 provisions relied on as part of the                    mechanism for Idaho to rescind PSD
                                                submission (i.e. on the web, cloud, or                  State’s nonattainment area major                       permits that are no longer required in
                                                other file sharing system). For                         stationary source preconstruction                      light of UARG and the Amended
                                                additional submission methods, the full                 permitting program.                                    Judgment, but did not include the
                                                EPA public comment policy,                                 IDAPA 58.01.01.03.b, .d, and .e                     August 19, 2015 revisions to the federal
                                                information about CBI or multimedia                     incorporate the following provisions                   PSD program removing the PSD
                                                submissions, and general guidance on                    effective as of July 1, 2015: National                 provisions vacated by the Amended
                                                making effective comments, please visit                 Primary and Secondary Ambient Air                      Judgment. The Idaho SIP currently
                                                http://www2.epa.gov/dockets/                            Quality Standards, 40 CFR part 50;                     contains the vacated GHG provisions
                                                commenting-epa-dockets.                                 Ambient Air Monitoring Reference and                   (through the incorporation by reference
                                                FOR FURTHER INFORMATION CONTACT:                        Equivalent Methods, 40 CFR part 53;                    of a previous version of 40 CFR 52.21),
                                                Randall Ruddick at (206) 553–1999, or                   and Ambient Air Quality Surveillance,                  so the EPA’s approval of the CFR
                                                ruddick.randall@epa.gov.                                40 CFR part 58. We find that paragraphs                incorporation by reference update to
                                                                                                        .b, .d, and .e are consistent with CAA                 July 1, 2015 does not change the Idaho
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        requirements.                                          SIP with respect to the vacated
                                                Throughout this document wherever                          IDAPA 58.01.01.03.c incorporates the
                                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is                                                                      provisions. However, the now-vacated
                                                                                                        Approval and Promulgation of                           portions of 40 CFR 52.21 incorporated
                                                intended to refer to the EPA.                           Implementation Plans, 40 CFR part 52,                  into the Idaho SIP-approved PSD
                                                Table of Contents                                       subparts A and N, and appendices D                     program are no longer enforceable. The
                                                                                                        and E. This includes the federal                       EPA believes this portion of the Idaho
                                                I. Background
                                                II. Analysis of Rule Updates                            Prevention of Significant Deterioration                SIP should be revised in light of the D.C.
                                                III. Final Action                                       (PSD) permitting rules at 40 CFR 52.21                 Circuit’s Amended Judgment, but the
                                                IV. Incorporation by Reference                          and 52.22, as effective July 1, 2015. The              EPA also notes that these provisions
                                                V. Statutory and Executive Orders Review                EPA promulgated revisions to 40 CFR                    may not be implemented even prior to
                                                                                                        52.21 and repealed 52.22 since July 1,                 their removal from the Idaho SIP
                                                I. Background                                           2015 in response to a court remand and                 because the court decisions described
                                                  Section 110 of the Clean Air Act                      vacatur. Specifically, on June 23, 2014,               above have determined these parts of
                                                (CAA) governs the process by which a                    the United States Supreme Court, in                    the EPA’s regulations are unlawful.
                                                state submits air quality protection                    Utility Air Regulatory Group (UARG) v.                 Further, Idaho has advised the EPA that
                                                requirements to the EPA for approval                    EPA,1 issued a decision addressing the
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                                                into the State Implementation Plan                      application of PSD permitting to                         2 Coalition for Responsible Regulation v. EPA,
                                                (SIP). The SIP is the state’s plan to                   greenhouse gas (GHG) emissions. The                    Nos. 09–1322, 10–073, 10–1092, and 10–1167
                                                implement, maintain, and enforce                        Supreme Court said the EPA may not                     (April 15, 2015).
                                                                                                                                                                 3 Idaho’s 2015 adoption by reference did not
                                                National Ambient Air Quality Standards                  treat GHGs as air pollutants for purposes
                                                                                                                                                               include the additional revisions to the permit
                                                (NAAQS) set by the EPA. Idaho                           of determining whether a source is a                   rescission provisions in 40 CFR 52.21(w) published
                                                regularly updates the Rules for the                                                                            on November 7, 2016. 81 FR 78043. These revisions
                                                Control of Air Pollution in Idaho                        1 134   S.Ct. 2427 (2014).                            did not specifically relate to GHGs.



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                                                                      Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations                                             22085

                                                it is not currently enforcing these                     of the CAA as of the effective date of the               • Does not provide the EPA with the
                                                provisions in light of the Supreme Court                final rulemaking of the EPA’s approval,               discretionary authority to address, as
                                                decision and that the Idaho Department                  and will be incorporated by reference by              appropriate, disproportionate human
                                                of Environmental Quality has adopted                    the Director of the Federal Register in               health or environmental effects, using
                                                an update to its incorporation by                       the next update to the SIP compilation.4              practicable and legally permissible
                                                reference of the CFR, including the                     The EPA has made, and will continue                   methods, under Executive Order 12898
                                                August 19, 2015 revisions to 40 CFR                     to make, these materials generally                    (59 FR 7629, February 16, 1994).
                                                52.21 and 52.22, which update awaits                    available through http://                                In addition, the SIP is not approved
                                                final approval by the Idaho Legislature,                www.regulations.gov and/or at the EPA                 to apply on any Indian reservation land
                                                likely to occur in March of 2017. We are                Region 10 Office (please contact the                  or in any other area where the EPA or
                                                therefore approving paragraph .c with                   person identified in the FOR FURTHER                  an Indian Tribe has demonstrated that a
                                                the understanding that the GHG                          INFORMATION CONTACT section of this                   Tribe has jurisdiction. In those areas of
                                                provisions vacated by the court                         preamble).                                            Indian country, the rule does not have
                                                decisions cannot be implemented and                                                                           Tribal implications as specified by
                                                                                                        V. Statutory and Executive Orders                     Executive Order 13175 (65 FR 67249,
                                                are not being enforced by Idaho. We are
                                                                                                        Review                                                November 9, 2000).
                                                also approving Idaho’s revisions to
                                                IDAPA 58.01.01.03.a, .b, .d, and .e as                     Under the CAA, the Administrator is                   The Congressional Review Act, 5
                                                described in this section.                              required to approve a SIP submission                  U.S.C. 801 et seq., as added by the Small
                                                                                                        that complies with the provisions of the              Business Regulatory Enforcement
                                                B. Procedures and Requirements for                      CAA and applicable federal regulations.               Fairness Act of 1996, generally provides
                                                Permits To Construct                                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                   that before a rule may take effect, the
                                                   Idaho revised IDAPA 58.01.01.200                     Thus, in reviewing SIP submissions, the               agency promulgating the rule must
                                                Procedures and Requirements for                         EPA’s role is to approve state choices,               submit a rule report, which includes a
                                                Permits to Construct to clarify that the                provided that they meet the criteria of               copy of the rule, to each House of the
                                                state incorporates the federal definitions              the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                                of ‘‘major stationary source’’ and ‘‘major              merely approves state law as meeting                  of the United States. The EPA will
                                                modification’’ applicable in attainment                 federal requirements and does not                     submit a report containing this action
                                                and unclassifiable areas, in addition to                impose additional requirements beyond                 and other required information to the
                                                the federal definitions of those terms                  those imposed by state law. For that                  U.S. Senate, the U.S. House of
                                                applicable in nonattainment areas,                      reason, this action:                                  Representatives, and the Comptroller
                                                effective as of the citation date in                       • Is not a significant regulatory action           General of the United States prior to
                                                IDAPA 58.01.01.107, which is July 1,                    subject to review by the Office of                    publication of the rule in the Federal
                                                2015. We are approving the                              Management and Budget under                           Register. A major rule cannot take effect
                                                clarification.                                          Executive Orders 12866 (58 FR 51735,                  until 60 days after it is published in the
                                                                                                        October 4, 1993) and 13563 (76 FR 3821,               Federal Register. This action is not a
                                                III. Final Action                                       January 21, 2011);                                    ‘‘major rule’’ as defined by 5 U.S.C.
                                                   The EPA is approving and                                • Does not impose an information                   804(2).
                                                incorporating by reference the following                collection burden under the provisions                   Under section 307(b)(1) of the CAA,
                                                revisions to the Idaho SIP submitted on                 of the Paperwork Reduction Act (44                    petitions for judicial review of this
                                                April 28, 2016:                                         U.S.C. 3501 et seq.);                                 action must be filed in the United States
                                                   • IDAPA 58.01.01.107 Incorporations                     • Is certified as not having a                     Court of Appeals for the appropriate
                                                by Reference, except .03.f through .p,                  significant economic impact on a                      circuit by July 11, 2017. Filing a petition
                                                and with respect to .a, the incorporation               substantial number of small entities                  for reconsideration by the Administrator
                                                by reference of 40 CFR 51.165 (State                    under the Regulatory Flexibility Act (5               of this final rule does not affect the
                                                effective March 25, 2016); and                          U.S.C. 601 et seq.);                                  finality of this action for the purposes of
                                                   • IDAPA 58.01.01.200 Procedures                         • Does not contain any unfunded                    judicial review nor does it extend the
                                                and Requirements for Permits to                         mandate or significantly or uniquely                  time within which a petition for judicial
                                                Construct (State effective March 25,                    affect small governments, as described                review may be filed, and shall not
                                                2016).                                                  in the Unfunded Mandates Reform Act                   postpone the effectiveness of such rule
                                                   We note that this action does not                    of 1995 (Pub. L. 104–4);                              or action. This action may not be
                                                address the changes to IDAPA                               • Does not have Federalism                         challenged later in proceedings to
                                                58.01.01.107.q, .563, and .564 related to               implications as specified in Executive                enforce its requirements. (See section
                                                transportation conformity requirements.                 Order 13132 (64 FR 43255, August 10,                  307(b)(2)).
                                                Idaho withdrew these three revisions.                   1999);
                                                                                                                                                              List of Subjects in 40 CFR Part 52
                                                                                                           • Is not an economically significant
                                                IV. Incorporation by Reference                                                                                  Environmental protection, Air
                                                                                                        regulatory action based on health or
                                                  In this rule, the EPA is finalizing                   safety risks subject to Executive Order               pollution control, Incorporation by
                                                regulatory text that includes                           13045 (62 FR 19885, April 23, 1997);                  reference, Intergovernmental relations,
                                                incorporation by reference. In                             • Is not a significant regulatory action           Particulate matter, Reporting and
                                                accordance with requirements of 1 CFR                   subject to Executive Order 13211 (66 FR               recordkeeping requirements, Sulfur
                                                51.5, the EPA is finalizing the                         28355, May 22, 2001);                                 oxides.
                                                incorporation by reference as described                    • Is not subject to requirements of                  Authority: 42 U.S.C. 7401 et seq.
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                                                in the amendments to 40 CFR part 52 set                 Section 12(d) of the National
                                                forth below. These materials have been                                                                         Dated: February 7, 2017.
                                                                                                        Technology Transfer and Advancement
                                                approved by the EPA for inclusion in                    Act of 1995 (15 U.S.C. 272 note) because              Michelle L. Pirzadeh,
                                                the State Implementation Plan, have                     this action does not involve technical                Acting Regional Administrator, Region 10.
                                                been incorporated by reference by the                   standards; and                                          For the reasons set forth in the
                                                EPA into that plan, are fully federally-                                                                      preamble, 40 CFR part 52 is amended as
                                                enforceable under sections 110 and 113                   4 62   FR 27968 (May 22, 1997).                      follows:


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                                                22086                      Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

                                                PART 52—APPROVAL AND                                             Authority: 42 U.S.C. 7401 et seq.                     § 52.670   Identification of plan.
                                                PROMULGATION OF                                                                                                        *       *    *          *     *
                                                                                                             Subpart N—Idaho
                                                IMPLEMENTATION PLANS                                                                                                       (c) * * *
                                                                                                             ■ 2. In § 52.670, the table in paragraph
                                                ■ 1. The authority citation for part 52                      (c) is amended by revising entries ‘‘107’’
                                                continues to read as follows:                                and ‘‘200’’ to read as follows:

                                                                                                  EPA-APPROVED IDAHO REGULATIONS AND STATUTES
                                                                                                                      State                          EPA
                                                    State citation              Title/subject                        effective                     approval                                  Explanations
                                                                                                                       date                          date

                                                                          Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho


                                                           *                          *                       *                            *                     *                    *                    *
                                                107 ...................   Incorporation by Ref-         3/25/2016, 3/20/2014,             5/12/2017, [insert Fed-     Except Section 107.03.f through 107.03.p, and
                                                                            erence.                       3/30/2007, 7/1/1997,               eral Register cita-        with respect to 107.03.a the incorporation by
                                                                                                          5/1/1994.                          tion].                     reference of 40 CFR 51.165.

                                                           *                         *                        *                            *                     *                       *                  *
                                                200 ...................   Procedures and Re-            3/25/2016 .....................   5/12/2017, [insert Fed-
                                                                            quirements for Per-                                              eral Register cita-
                                                                            mits to Construct.                                               tion].

                                                            *                        *                           *                        *                       *                      *                  *



                                                *       *        *        *     *                            DATES:  This direct final rule is effective               Management Section, Air Planning and
                                                [FR Doc. 2017–09542 Filed 5–11–17; 8:45 am]                  July 11, 2017 without further notice,                     Implementation Branch, Air, Pesticides
                                                BILLING CODE 6560–50–P                                       unless EPA receives adverse comment                       and Toxics Management Division, U.S.
                                                                                                             by June 12, 2017. If EPA receives such                    Environmental Protection Agency,
                                                                                                             comments, it will publish a timely                        Region 4, 61 Forsyth Street SW.,
                                                ENVIRONMENTAL PROTECTION                                     withdrawal of the direct final rule in the                Atlanta, Georgia 30303–8960. The
                                                AGENCY                                                       Federal Register and inform the public                    telephone number is (404) 562–9222.
                                                                                                             that the rule will not take effect.                       Ms. Sheckler can also be reached via
                                                40 CFR Part 52                                                                                                         electronic mail at sheckler.kelly@
                                                                                                             ADDRESSES:   Submit your comments,
                                                                                                                                                                       epa.gov.
                                                [EPA–R04–OAR–2016–0614; FRL–9961–74–                         identified by Docket ID No. EPA–R04–
                                                Region 4]                                                    OAR–2016–0614 at https://                                 SUPPLEMENTARY INFORMATION:
                                                                                                             www.regulations.gov. Follow the online                    I. Background
                                                Air Plan Approval; North Carolina                            instructions for submitting comments.
                                                Repeal of Transportation Facilities                          Once submitted, comments cannot be                           In 1978, EPA designated Mecklenburg
                                                Rules                                                        edited or removed from Regulations.gov.                   County, North Carolina (hereinafter the
                                                                                                             EPA may publish any comment received                      ‘‘Charlotte Area’’) as nonattainment for
                                                AGENCY: Environmental Protection                                                                                       the NAAQS for carbon monoxide (CO).
                                                                                                             to its public docket. Do not submit
                                                Agency (EPA).                                                                                                          Then, under the CAA amendments of
                                                                                                             electronically any information you
                                                ACTION: Direct final rule.                                   consider to be Confidential Business                      1990, the Charlotte Area was designated
                                                                                                             Information (CBI) or other information                    as ‘‘not-classifiable’’ and had five years
                                                SUMMARY:    The U.S. Environmental                                                                                     to attain the CO NAAQS (i.e., November
                                                Protection Agency (EPA) is taking action                     whose disclosure is restricted by statute.
                                                                                                                                                                       15, 1995). On November 15, 1990,
                                                to approve a State Implementation Plan                       Multimedia submissions (audio, video,
                                                                                                                                                                       Durham and Wake Counties (hereinafter
                                                (SIP) revision, submitted by the North                       etc.) must be accompanied by a written
                                                                                                                                                                       the ‘‘Raleigh-Durham/Chapel Hill
                                                Carolina Department of Environmental                         comment. The written comment is
                                                                                                                                                                       Area’’) and Forsyth County (hereinafter
                                                Quality through the Division of Air                          considered the official comment and
                                                                                                                                                                       the ‘‘Winston-Salem Area’’) in North
                                                Quality (DAQ) on September 16, 2016,                         should include discussion of all points
                                                                                                                                                                       Carolina were designated as ‘‘moderate’’
                                                for the purpose of removing the                              you wish to make. EPA will generally
                                                                                                                                                                       nonattainment and had until December
                                                statewide transportation facilities rules.                   not consider comments or comment
                                                                                                                                                                       31, 1995, to attain the standard.
                                                The State provided a Clean Air Act                           contents located outside of the primary                      In April 1994, DAQ submitted a
                                                section 110(l) noninterference                               submission (i.e. on the web, cloud, or                    request to EPA to redesignate the
                                                demonstration establishing that removal                      other file sharing system). For                           Winston-Salem Area to attainment
                                                of the North Carolina transportation                         additional submission methods, the full                   status, and in November 1994, EPA
                                                facilities rules will not interfere with the                 EPA public comment policy,                                approved the maintenance plan for CO
                                                                                                             information about CBI or multimedia
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                                                maintenance of the 8-hour carbon                                                                                       (59 FR 48402), and redesignated the area
                                                monoxide standard or any other                               submissions, and general guidance on                      to attainment/maintenance for CO. Next,
                                                national ambient air quality standards                       making effective comments, please visit                   in 1995, EPA approved the Charlotte
                                                (NAAQS). EPA is approving this SIP                           https://www2.epa.gov/dockets/                             and Raleigh-Durham/Chapel Hill Areas’
                                                revision because the DAQ has                                 commenting-epa-dockets.                                   maintenance plans for CO and
                                                demonstrated that it is consistent with                      FOR FURTHER INFORMATION CONTACT:                          redesignated the area to attainment/
                                                the Clean Air Act (CAA or Act).                              Kelly Sheckler, Air Regulatory                            maintenance for CO (60 FR 39262). In


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Document Created: 2017-05-12 01:08:57
Document Modified: 2017-05-12 01:08:57
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
ActionDirect final rule.
DatesThis rule is effective July 11, 2017, without further notice, unless the EPA receives adverse comment by June 12, 2017. 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.
ContactRandall Ruddick at (206) 553-1999, or [email protected]
FR Citation82 FR 22083 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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