SUPPLEMENTARY INFORMATION:

I. Background

Each State has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, including such elements as air pollution control regulations, source-specific permit requirements, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.

Each State must formally adopt air pollution control measures and strategies and submit the associated regulatory materials to the EPA for approval into the SIP. Upon EPA approval, regulatory materials are incorporated into the federally approved SIP in title 40 of part 52, “Approval and Promulgation of Implementation Plans,” of the Code of Federal Regulations (40 CFR part 52). The full text of a State regulation approved by the EPA is not reproduced in its entirety in 40 CFR part 52, rather, it is “incorporated by reference (IBR).” This means that the EPA has approved a given State regulation, or changes to that regulation, based on a specific effective date. The public is referred to the location of the full text version of the regulation. The information provided allows the EPA and the public to monitor the extent to which a State implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP.

Each SIP is a living document revised as necessary by a State to address Clean Air Act requirements and the unique air ( printed page 27471) pollution problems in the State. Therefore, the EPA must routinely take action on SIP revisions that include new or revised State regulatory materials. A State may revise one or more regulations in their entirety, or portions of regulations. The State indicates the submitted changes by using redline/strikethrough text, for example, and the EPA takes action on the changes. The EPA establishes a docket for each action using a unique Docket Identification Number and places the submitted regulations and other materials supporting the action in the docket. Dockets are available for viewing on www.regulations.gov.

On May 22, 1997 (62 FR 27968), the EPA, in coordination with the Office of the Federal Register, revised the procedures used to incorporate State regulatory materials by reference into the CFR for each SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanism for announcing EPA approval of revisions to a SIP, and consolidated the process for EPA updates to the IBR materials in 40 CFR part 52. The revised IBR procedures called for the EPA to maintain “SIP Compilations” with the full text of the federally approved State regulatory materials.

The EPA generally updates each SIP Compilation every few years, or more frequently when large amounts of regulatory materials have been incorporated by reference. Under the revised procedures, the EPA must periodically publish an informational document in the rules section of the Federal Register notifying the public that updates have been made to a specific SIP Compilation. The EPA began applying the revised IBR procedures to the Idaho SIP on January 25, 2005 (70 FR 3479) and subsequently published updates to the IBR materials in the Idaho SIP on December 28, 2012 (77 FR 76417), April 1, 2015 (80 FR 17333), July 24, 2020 (85 FR 44741), and November 18, 2024 (89 FR 90592).

A. Approved and Incorporated by Reference Regulatory Materials

Since the last update of IBR materials in the Idaho SIP at 40 CFR 52.670(c), the EPA has approved and incorporated by reference specific revised sections of the Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01) as described in the following paragraphs of this preamble.

1. Action on December 5, 2024 (89 FR 96554) (listed provisions are State effective March 28, 2023, unless otherwise specified):

• IDAPA 58.01.01.001 Title and scope (describing the title and general scope);
• IDAPA 58.01.01.005 Definitions (referencing the terms defined in State statute and Federal regulations to be used in the Idaho air quality regulations);
• IDAPA 58.01.01.006 General definitions (defining centralized terms used in the Idaho air quality regulations), except 006.23, 006.24, 006.25, 006.30, 006.31.b, 006.49, 006.50 and 006.51;
• IDAPA 58.01.01.007 Definitions for the purposes of sections 200 through 228 and 400 through 461 (defining centralized terms used in the major and minor source permitting programs);
• IDAPA 58.01.01.107 Incorporations by reference (listing the codes, rules and standards incorporated by reference into the Idaho air quality regulations), State effective July 1, 2014, except 107.06 through 107.16, which are not incorporated into the SIP;
• IDAPA 58.01.01.108 Obligation to comply (requiring that receiving a permit or certificate of registration does not relieve the owner or operation of the obligation to comply with all applicable regulations);
• IDAPA 58.01.01.121 Compliance requirements by department (detailing actions to ensure compliance with the air quality rules);
• IDAPA 58.01.01.122 Information orders by the department (establishing how information may be obtained in implementing the air quality rules);
• IDAPA 58.01.01.123 Certification of documents (requiring documents submitted to be certified as true, accurate and complete);
• IDAPA 58.01.01.125 False statements (prohibiting false statements, representation, or certification);
• IDAPA 58.01.01.126 Tampering (prohibiting interference with monitoring device, method, rule or order);
• IDAPA 58.01.01.130 Startup, shutdown, scheduled maintenance, safety measures, upset and breakdown (defining startup, shutdown, upset and scheduled maintenance), State effective July 1, 2024;
• IDAPA 58.01.01.131 Excess emissions (establishing enforcement discretion criteria in the event of excess emissions);
• IDAPA 58.01.01.132 Correction of condition (requiring appropriate action to correct conditions causing an excess emissions event);
• IDAPA 58.01.01.133 Startup, shutdown and scheduled maintenance requirements (prescribing notifications, recordkeeping, reporting and other actions related to modes of operation);
• IDAPA 58.01.01.134 Upset, breakdown and safety requirements (identifying safety requirements and measures to minimize excess emissions during upsets);
• IDAPA 58.01.01.135 Excess emissions reports (detailing required data to be reported about excess emissions events);
• IDAPA 58.01.01.136 Excess emissions records (requiring records retention related to excess emissions);
• IDAPA 58.01.01.155 Circumvention (prohibiting the concealment of emissions);
• IDAPA 58.01.01.157 Test methods and procedures (establishing procedures for source test methods);
• IDAPA 58.01.01.164 Polychlorinated biphenyls (PCBs) (prohibiting the burning or selling of PCBs);
• IDAPA 58.01.01.175 Procedures and requirements for permits establishing a facility emissions cap (setting uniform procedures for a source to seek a facility emissions cap);
• IDAPA 58.01.01.176 Facility emissions cap, except provisions relating to hazardous air pollutants (establishing applicability and definitions for facility emissions cap requirements);
• IDAPA 58.01.01.178 Standard contents of permits establishing a facility emissions cap (listing the required contents of a permit establishing a facility emissions cap);
• IDAPA 58.01.01.179 Procedures for issuing permits establishing a facility emissions cap (identifying the procedures to be followed in issuing a facility emissions cap);
• IDAPA 58.01.01.180 Revisions to permits establishing a facility emissions cap (requiring changes to permit terms and conditions under certain circumstances);
• IDAPA 58.01.01.181 Notice and record-keeping of estimates of ambient concentrations (prescribing the process to make allowable changes to a facility emissions cap);
• IDAPA 58.01.01.200 Procedures and requirements for permits to construct (establishing uniform procedures for issuing permits to construct);
• IDAPA 58.01.01.201 Permit to construct required (requiring owners and operators of certain facilities to obtain permits to construct unless otherwise covered by a general permit or permit by rule);
• IDAPA 58.01.01.202 Application procedures (requiring a certified application using approved forms when applying for a permit to construct); ( printed page 27472)
• IDAPA 58.01.01.203 Permit requirements for new and modified stationary sources, except 203.03 (stating that no permit will be issued unless a source complies with applicable emission limits and does not cause or contribute to a violation of an ambient air quality standard);
• IDAPA 58.01.01.204 Permit requirements for new major facilities or major modifications in nonattainment areas (requiring LAER and offsets for new major facilities and major modifications in nonattainment areas);
• IDAPA 58.01.01.205 Permit requirements for new major facilities or major modifications in attainment or unclassifiable areas (requiring new major facilities and major modifications meet certain requirements to construct in attainment areas);
• IDAPA 58.01.01.206 Optional offsets for permits to construct (offering the option to offset emissions using credits);
• IDAPA 58.01.01.208 Demonstration of net air quality benefit (establishing how to demonstrate net air quality benefit for emissions trades);
• IDAPA 58.01.01.209 Procedure for issuing permits (laying out application, public process and approval procedures for issuing permits);
• IDAPA 58.01.01.211 Conditions for permits to construct (conditioning permits to include monitoring, performance testing, cancellation);
• IDAPA 58.01.01.212 Relaxation of standards or restrictions (spelling out major preconstruction permitting requirements when a limit has been relaxed);
• IDAPA 58.01.01.213 Pre-permit construction (specifying when certain minor sources may request to construct before obtaining the permit);
• IDAPA 58.01.01.220 General exemption criteria for permit to construct exemptions (detailing exemptions from the requirements to obtain a permit to construct);
• IDAPA 58.01.01.221 Category I exemption (specifying exemptions for sources below regulatory concern);
• IDAPA 58.01.01.222 Category II exemption (detailing exemptions for sources such as laboratory equipment, pilot plants, mobile engines, retail gasoline facilities, etc.);
• IDAPA 58.01.01.226 Payment of fees for permits to construct (requiring application and processing fee payment for permits to construct);
• IDAPA 58.01.01.227 Receipt and usage of fees (requiring received fees to be used to administer the permit to construct and Tier II operating permit programs)
• IDAPA 58.01.01.400 Procedures and requirements for Tier II operating permits (stating the purpose of the Tier II operating permit rules);
• IDAPA 58.01.01.401 Tier II operating permit, except 401.01.a and 401.04 (laying out optional and required Tier II operating permits);
• IDAPA 58.01.01.402 Application procedures (laying out how to apply for a Tier II operating permit);
• IDAPA 58.01.01.403 Permit requirements for Tier II sources (requiring that no permit be issued unless it would include all applicable emission limits and ambient air quality standards);
• IDAPA 58.01.01.404 Procedure for issuing permits (general procedures for issuing Tier II permits);
• IDAPA 58.01.01.405 Conditions for Tier II operating permits (laying out permit terms, performance test requirements, and other conditions);
• IDAPA 58.01.01.460 Requirements for emission reduction credit (establishing the conditions that constitute a creditable emission reduction);
• IDAPA 58.01.01.461 Requirements for banking emission reduction credits (ERC's) (setting out how emission reduction credits may be banked);
• IDAPA 58.01.01.500 Registration procedures and requirements for portable equipment (requiring all portable equipment to be registered);
• IDAPA 58.01.01.510 Stack heights and dispersion techniques (establishing criteria for good engineering practice related to stack heights and dispersion techniques);
• IDAPA 58.01.01.511 Requirements (providing that the required degree of emission control must not be affected by the amount of stack height that exceeds good engineering practices);
• IDAPA 58.01.01.512 Opportunity for public hearing (providing an opportunity for a public hearing where a stack height would exceed good engineering practices);
• IDAPA 58.01.01.513 Approval of field studies and fluid models (requiring approval of field studies and fluid models by the EPA);
• IDAPA 58.01.01.514 No restriction on actual stack height (providing that these rules do not restrict actual stack height);
• IDAPA 58.01.01.550 Air quality episodes (defining requirements in the event of episodes of poor air quality);
• IDAPA 58.01.01.556 Criteria for declaring air quality episodes (identifying alert, warning and emergency episode stages);
• IDAPA 58.01.01.557 Requirements during air quality episodes (prescribing actions to be taken during air quality episode stages);
• IDAPA 58.01.01.558 Notification of air quality episode (defining what information will be provided to the public in the event of an air quality episode);
• IDAPA 58.01.01.562 Specific air quality episode abatement plans for stationary sources (requiring specific sources to adopt and implement their own abatement plans in the event of an air quality episode);
• IDAPA 58.01.01.579 Baselines for prevention of significant deterioration (establishing the baseline dates to be used in the PSD permitting program);
• IDAPA 58.01.01.580 Classification of prevention of significant deterioration areas (listing procedures for redesignating PSD areas);
• IDAPA 58.01.01.581 Prevention of significant deterioration (PSD) increments (establishing the allowable degree of deterioration for areas that have air quality better than the ambient standards);
• IDAPA 58.01.01.600 Rules for control of open burning (establishing rule to protect human health and the environment from air pollutants resulting from open burning);
• IDAPA 58.01.01.601 Fire permits, hazardous materials, and liability (stating that a person is not exempt from other laws and ordinances related to open burning);
• IDAPA 58.01.01.602 Nonpreemption of other jurisdiction (stating that these rules are not intended to interfere with the rights of other agencies to provide equal or more stringent open burning controls);
• IDAPA 58.01.01.603 General requirements (prescribing the general open burning restrictions);
• IDAPA 58.01.01.606 Categories of allowable burning (listing the categories of allowable open burning);
• IDAPA 58.01.01.607 Recreational and warming fires (describing the campfires, barbeques, ceremonial fires and small handwarming fires that are allowed);
• IDAPA 58.01.01.608 Weed control fires (describing the weed abatement fires that are allowed);
• IDAPA 58.01.01.609 Training fires (describing the fire and land management training fires that are allowed);
• IDAPA 58.01.01.611 Residential yard waste fires (describing the yard waste disposal fires that are allowed);
• IDAPA 58.01.01.612 Solid waste facility fires (describing when solid waste disposal fires may be allowed);
• IDAPA 58.01.01.613 Orchard fires (describing orchard clipping disposal fires that are allowed); ( printed page 27473)
• IDAPA 58.01.01.614 Prescribed fires (describing the prescribed fire that may be allowed under certain conditions);
• IDAPA 58.01.01.615 Dangerous material fires (describing allowable fires ignited under the direction of a public or military fire chief to dispose of dangerous materials);
• IDAPA 58.01.01.616 Infectious waste burning (describing allowable infectious waste fires conducted under the direction of a public health officer);
• IDAPA 58.01.01.617 Crop residue disposal (establishing requirements for crop residue disposal fires);
• IDAPA 58.01.01.618 Permit by rule (requiring that no person may conduct an open burn of crop residue without the applicable permit by rule);
• IDAPA 58.01.01.619 Registration (establishing registration requirements for crop residue burn permit by rule);
• IDAPA 58.01.01.620 Burn fee (setting fee payment deadline for crop residue burns);
• IDAPA 58.01.01.621 Burn approval (establishing the criteria for crop residue burn approval);
• IDAPA 58.01.01.622 General provisions (listing the requirements for persons conducting crop residue burns);
• IDAPA 58.01.01.623 Public notification (indicating that the Idaho DEQ will notify the public of burn or no-burn days);
• IDAPA 58.01.01.624 Spot and baled crop residue burn and propane flaming requirements (detailing the requirements for spot burns, baled burns and propane flaming);
• IDAPA 58.01.01.625 Visible emissions (establishing opacity limits and test methods);
• IDAPA 58.01.01.650 Rules for control of fugitive dust (requiring that all reasonable precautions be taken to prevent fugitive dust);
• IDAPA 58.01.01.651 General rules (establishing general requirements to limit the generation of fugitive dust);
• IDAPA 58.01.01.665 Regional haze rules (addressing visibility impairment in mandatory Class I Federal areas);
• IDAPA 58.01.01.666 Reasonable Progress goals (establishing goals for reasonable progress toward natural visibility conditions);
• IDAPA 58.01.01.667 Long-term strategy for regional haze (establishing long-term strategy requirements);
• IDAPA 58.01.01.675 Fuel burning equipment—particulate matter (establishing particulate matter standards for fuel burning equipment);
• IDAPA 58.01.01.676 Standards for new sources (setting particulate limits for new fuel burning equipment);
• IDAPA 58.01.01.677 Standards for minor and existing sources (setting particulate limits for minor and existing fuel burning equipment);
• IDAPA 58.01.01.678 Combinations of fuels (addressing particulate limits when two or more types of fuel are burned concurrently);
• IDAPA 58.01.01.679 Averaging period (establishing the appropriate averaging period for determining particulate emissions from fuel burning equipment);
• IDAPA 58.01.01.680 Altitude correction (addressing how to correct standard conditions for the altitude of a source);
• IDAPA 58.01.01.681 Test methods and procedures (setting the appropriate test method for measuring fuel burning particulate emissions);
• IDAPA 58.01.01.700 Particulate matter—process weight limitations (establishing particulate matter emission limitations for process equipment);
• IDAPA 58.01.01.701 Particulate matter—new equipment process weight limitations (listing emission standards for new process equipment);
• IDAPA 58.01.01.702 Particulate matter—existing equipment process weight limitations (listing emission standards for existing process equipment);
• IDAPA 58.01.01.703 Particulate matter—other processes (establishing process weight limitations for equipment used to dehydrate sugar beet pulp or alfalfa);
• IDAPA 58.01.01.725 Rules for sulfur content of fuels (establishing limits on the sulfur content of fuels);
• IDAPA 58.01.01.791 General control requirements (prohibiting owners and operators of rock crushers from injuring human health, welfare, property and other requirements);
• IDAPA 58.01.01.793 Emissions standards for nonmetallic mineral processing plants not subject to40 CFR part 60, subpart OOO (requiring compliance with emissions and opacity standards);
• IDAPA 58.01.01.794 Permit requirements, except 794.04 (setting rock crusher permit by rule eligibility);
• IDAPA 58.01.01.795 Permit by rule requirements (establishing rock crusher permit by rule requirements);
• IDAPA 58.01.01.796 Applicability (establishing permit by rule and permit applicability);
• IDAPA 58.01.01.797 Registration for permit by rule (identifying how to register for the rock crusher permit by rule);
• IDAPA 58.01.01.798 Electrical generators (listing the fuel and operation requirements for electrical generators used to provide power to rock crushers);
• IDAPA 58.01.01.799 Nonmetallic mineral processing plant fugitive dust best management practice (establishing best practices to limit fugitive dust);
• IDAPA 58.01.01.815 Rules for control of kraft pulp mills (establishing emission standards and reporting requirements for recovery furnaces at kraft pulp mills);
• IDAPA 58.01.01.818 Kraft pulp mill LVHC and HVLC gas venting notification and reporting (requiring excess emissions notification and reporting by subject sources); and
• Idaho Code 39.103 Definitions, State effective July 1, 2010, except (4), (5), (8), (9), (10), (12), (13), (14), (15), (16), (17), and (18), which are not incorporated into the SIP.

B. Regulatory Materials Removed From Incorporation by Reference

Since the last IBR update, the EPA removed the following regulations from incorporation by reference in the Idaho SIP at 40 CFR 52.670(c).

1. Action on December 5, 2024 (89 FR 96554):

• IDAPA 58.01.01.004 Catchlines (stating that catchlines are not to be used to interpret regulations), State effective May 1, 1994;
• IDAPA 58.01.01.011 Definitions for the purposes of sections 790 through 799, State effective March 15, 2002;
• IDAPA 58.01.01.106 Abbreviations (spelling out the abbreviations used in the Idaho air quality regulations), State effective May 1, 1994;
• IDAPA 58.01.01.124 Truth, accuracy and completeness of documents (requiring documents submitted to the state to be true, accurate and complete), State effective May 1, 1994;
• IDAPA 58.01.01.127 Format of responses (requiring documents to be submitted to meet state-specified formatting requirements), State effective May 1, 1994;
• IDAPA 58.01.01.160 Provisions governing specific activities and conditions (regarding toxic air pollutants and polychlorinated biphenyls), State effective April 5, 2000;
• IDAPA 58.01.01.162 Modifying physical conditions (addressing conditions that affect the dispersion of pollutants), State effective May 1, 1994;
• IDAPA 58.01.01.163 Source density (addressing situations where a number of sources are located in proximity to each other), State effective May 1, 1994;
• IDAPA 58.01.01.212 Obligation to comply (requiring compliance with all applicable local, State and Federal statutes, rules, and regulations), State effective May 1, 1994;
• IDAPA 58.01.01.406 Obligation to comply (requiring compliance with all applicable local, State and Federal ( printed page 27474) statutes, rules, and regulations), State effective May 1, 1994;
• IDAPA 58.01.01.515 Approval of field studies and fluid models (requiring EPA approval of field studies and fluid models), State effective May 1, 1994;
• IDAPA 58.01.01.516 No restrictions on actual stack height (addressing actual stack height), State effective May 1, 1994;
• IDAPA 58.01.01.551 Episode criteria (listing air quality episode criteria), State effective May 1, 1994;
• IDAPA 58.01.01.552 Stages (defining air quality episode stages), State effective March 15, 2002;
• IDAPA 58.01.01.553 Effects of stages (addressing the effects of reaching episode stages), State effective March 15, 2002;
• IDAPA 58.01.01.559 Manner and frequency of notification (addressing the manner and frequency of episode announcements), State effective May 1, 1994;
• IDAPA 58.01.01.560 Notification to sources (requiring significant sources be notified), State effective April 11, 2006;
• IDAPA 58.01.01.561 General rules (establishing the general control requirements for each episode stage), State effective April 11, 2006;
• IDAPA 58.01.01.575 Air quality standards and area classification (establishing State ambient air quality standards), State effective April 11, 2006;
• IDAPA 58.01.01.576 General provisions for ambient air quality standards (addressing general standards), State effective May 1, 1994;
• IDAPA 58.01.01.578 Designation of attainment, unclassifiable, and nonattainment areas (listing steps for state designation of areas), State effective May 1, 1994;
• IDAPA 58.01.01.610 Industrial flares (addressing industrial flares as open burning), State effective March 21, 2003;
• IDAPA 58.01.01.626 General restrictions on visible emissions from wigwam burners (setting opacity limits for wigwam burners), State effective April 5, 2000;
• IDAPA 58.01.01.668 BART requirements for regional haze (outlining the process of establishing best available retrofit technology requirements for sources), State effective March 30, 2007;
• IDAPA 58.01.01.785 Rules for control of incinerators (establishing incinerator particulate matter limits), State effective May 1, 1994;
• IDAPA 58.01.01.786 Emission limits (limiting particulate matter emissions from incinerators), State effective April 5, 2000;
• IDAPA 58.01.01.787 Exceptions (exempting wigwam burners from incinerator emission limits), State effective March 23, 1998;
• IDAPA 58.01.01.805 Rules for control of hot mix asphalt plants (limiting particulate matter emissions from hot mix asphalt plants), State effective May 1, 1994;
• IDAPA 58.01.01.806 Emission limits (requiring compliance with the process weight rate limitations), State effective May 1, 1994;
• IDAPA 58.01.01.807 Multiple stacks (establishing that total emissions from all stacks are to be compared to the emission limit), State effective May 1, 1994; and
• IDAPA 58.01.01.808 Fugitive dust control (requiring fugitive dust control systems), State effective May 1, 1994.

C. Corrections and Clarifications to CFR Tables

The EPA is notifying the public of corrections and clarifications to the CFR tables that identify the IBR materials in the Idaho SIP. The EPA has made minor wording changes to the “Explanations” column of the tables for consistency. We have also removed the text from the “Explanations” column for entries “600” through “616” because the text referred to a prior EPA approval date of July 11, 2005 that was then removed in response to a court remand. Entries “600” through “616” have been revised and approved numerous times since 2005 and therefore the text referencing the prior July 11, 2005, EPA approval date is obsolete.

II. EPA Action

In this action, the EPA is notifying the public of an update to the regulatory materials incorporated by reference into the Idaho SIP and federally effective as of January 6, 2025. This update includes regulatory materials submitted by Idaho and approved by the EPA since the last IBR update. See89 FR 90592 (November 18, 2024).

III. Good Cause Exemption

The EPA has determined that this action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs, makes corrections and clarifying changes to the tables in the CFR, and makes ministerial changes to the prefatory heading to the tables in the CFR. Under section 553 of the APA, an agency may find good cause where procedures are “impracticable, unnecessary, or contrary to the public interest.” Public comment for this administrative action is “unnecessary” and “contrary to the public interest” since the codification (and corrections) only reflect existing law. Immediate notice of this action in the Federal Register benefits the public by providing the public notification of the updated Idaho SIP Compilation and notification of corrections to the Idaho “Identification of Plan” portion of the CFR. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP Compilation and the CFR “Identification of plan” section (which includes table entry corrections and clarifications).

IV. Incorporation by Reference

In this document, 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 of regulations promulgated by Idaho, previously approved by the EPA and federally effective before January 6, 2025 as described in section I. of this document. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 10 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

Under the Clean Air Act (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 ( printed page 27475) Executive Order 12866 (58 FR 51735, October 4, 1993);
• Is not subject toExecutive Order 14192 (90 FR 9065, February 6, 2025) because SIP actions are exempt from review under Executive Order 12866;
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have federalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program;
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001); and
• 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 application of those requirements would be inconsistent with the CAA.

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 and it will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . A major rule cannot take effect until 60 days after it is published in the Federal Register . This action is not a “major rule” as defined by 5 U.S.C. 804(2).

The EPA also believes that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. This is because prior EPA rulemaking actions for each individual component of the Idaho SIP Compilation previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, the EPA believes judicial review of this action under section 307(b)(1) is not available.

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

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. In § 52.670, paragraphs (b) through (e) are revised to read as follows:

90 FR 27470