Federal Register, Volume 77 Issue 249 (Friday, December 28, 2012)

[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Pages 76417-76419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31065]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0685; FRL-9726-4]

Approval and Promulgation of Air Quality Implementation Plans;
Idaho; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

-----------------------------------------------------------------------

SUMMARY: EPA is updating the materials submitted by Idaho that are
incorporated by reference (IBR) into the Idaho State Implementation
Plan (SIP). The regulations affected by this update have been
previously submitted by the Idaho Department of Environmental Quality
(IDEQ) and approved by EPA. This update affects the SIP materials that
are available for public inspection at the National Archives and
Records Administration (NARA), the Air and Radiation Docket and
Information Center located at EPA Headquarters in Washington, DC, and
the EPA Regional Office.

DATES: Effective Date: This action is effective December 28, 2012.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
EPA Region 10, Office of Air, Waste, and Toxics (AWT-107), 1200 Sixth
Avenue, Suite 900, Seattle, Washington 98101; the Air and Radiation
Docket and Information Center, U.S. Environmental Protection Agency,
1301 Constitution Avenue NW., Room Number 3334, EPA West Building,
Washington, DC 20460; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Donna Deneen, EPA Region 10, Office of
Air, Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Seattle,
Washington 98101, or at (206) 553-6706.

SUPPLEMENTARY INFORMATION:

I. Background

The SIP is a living document which the State revises as necessary
to address its unique air pollution problems. Therefore, EPA from time
to time must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997, Federal Register
document. On January 25, 2005, EPA published a document in the Federal
Register beginning the new IBR procedure for Idaho. 70 FR 9450. Since
the publication of the January 25, 2005, Federal Register document, EPA
has approved regulatory changes to the Idaho Administrative Procedures
Act (IDAPA) 58.01.01. These approved changes are identified in the
following Federal Register notices: 70 FR 58311(October 6, 2005), 71 FR
39574 (July 13, 2006), 73 FR 44915 (August 1, 2008), 75 FR 72705
(November 26, 2010), 75 FR 72719 (November 26, 2010), 76 FR 33651 (June
9, 2011), 76 FR 36329 (June 22, 2011), and 77 FR 41916 (July 17, 2012).

II. EPA Action

In this action, EPA is doing the following:
A. In paragraph 52.670(b), announcing the update to the IBR
material as of August 16, 2012.
B. In paragraph 52.670(c):
1. Removing the section heading ``EPA-APPROVED IDAHO REGULATIONS''
and adding in its place ``EPA-APPROVED IDAHO REGULATIONS AND
STATUTES'';
2. Correcting the entry for IDAPA 58.01.01.470 by removing ``Permit
Application Fees for Tier II Permits'' and replacing it with
``Reserved'' consistent with our proposed action on March 18, 2010 (75
FR 13058) and our final action on November 26, 2010 (75 FR 72719); and
3. Removing the entries for IDAPA 58.01.01.726 through 729,
consistent with our proposed action on March 18, 2010 (75 FR 13058) and
our final action on November 26, 2010 (75 FR 72719).
C. In paragraph 52.683, revising the language to reflect the
approvals made on July 17, 2012 (77 FR 41916), that were erroneously
not reflected in paragraph 52.683.
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA)

[[Page 76418]]

which, upon finding ``good cause,'' authorizes agencies to dispense
with public participation and section 553(d)(3) which allows an agency
to make a rule effective immediately (thereby avoiding the 30-day
delayed effective date otherwise provided for in the APA). Today's rule
simply codifies provisions which are already in effect as a matter of
law in Federal and approved State programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the CFR
benefits the public by removing outdated citations and incorrect table
entries.

III. Statutory and Executive Order Reviews

A. General Requirements

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, 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 Order
12866 (58 FR 51735, October 4, 1993);
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 application of those requirements would be inconsistent
with the CAA; and
Does not provide 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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. EPA will submit a report containing this rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the Idaho SIP compilations had 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, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for Idaho.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: August 27, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority for citation for part 52 continues to read as follows:

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

Subpart N--Idaho

0
2. Section 52.670 is amended by:
0
a. Revising paragraph (b); and
0
b. Amending the table in paragraph (c) by:
0
i. Removing the table heading ``EPA-APPROVED IDAHO REGULATIONS'' and
adding in its place ``EPA--APPROVED IDAHO REGULATIONS AND STATUTES'';
0
ii. Revising the entry for 470; and
0
iii. Removing entries 726 through 729.
0
The revisions read as follows:

Sec. 52.670 Identification of plan.

* * * * *
(b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) was approved for incorporation
by reference by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. The material incorporated is as it
exists on the date of the approval, and notice of any change in the
material will be published in the Federal Register. Entries in
paragraphs (c) and (d) of this section with EPA approval dates on or
after August 16, 2012, will be incorporated by reference in the next
update to the SIP compilation.
(2)(i) EPA Region 10 certifies that the rules and regulations
provided by EPA at the addresses in paragraph (b)(3) of this section
are an exact duplicate of the officially promulgated State rules and
regulations which have been approved as part of the State
implementation plan as of August 16, 2012.
(ii) EPA Region 10 certifies that the source-specific requirements
provided by EPA at the addresses in paragraph (b)(3) of this section
are an exact duplicate of the officially promulgated source-specific
requirements which have been approved as part of the State
implementation plan as of August 16, 2012.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office of Air, Waste, and Toxics (AWT-
107), 1200 Sixth Avenue, Seattle, Washington 98101; For further
information, call

[[Page 76419]]

(206) 553-6706; the EPA, Air and Radiation Docket and Information
Center, Room Number 3334, EPA West Building, 1301 Constitution Avenue
NW., Washington, DC 20460. For further information, call (202) 556-
1742; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA-approved regulations.

EPA-Approved Idaho Regulations and Statutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State Citation Title/Subject effective date EPA approval date Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
470................................ Reserved......................... 5/22/03 11/26/10, 75 FR 72719............

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
3. Section 52.683 is amended by revising paragraph (a) to read as
follows.

Sec. 52.683 Significant deterioration of air quality.

(a) The State of Idaho Rules for Control of Air Pollution in Idaho,
specifically, IDAPA 58.01.01.005 through 007 (definitions), IDAPA
58.01.01.107.03.a, b, c, p, and q (incorporations by reference), IDAPA
58.01.01.200 through 222 (permit to construct rules), IDAPA
58.01.01.510 through 516 (stack height rules), and IDAPA 58.01.01.575
through 581 (standards, increments and area designations) except
Section 577, are approved as meeting the requirements of title I, part
C, subpart 1 of the Clean Air Act for preventing significant
deterioration of air quality.
* * * * *
[FR Doc. 2012-31065 Filed 12-27-12; 8:45 am]
BILLING CODE 6560-50-P