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



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.


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 
    2. Correcting the entry for IDAPA 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 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 

[[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 

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:


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

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

Subpart N--Idaho

2. Section 52.670 is amended by:
a. Revising paragraph (b); and
b. Amending the table in paragraph (c) by:
i. Removing the table heading ``EPA-APPROVED IDAHO REGULATIONS'' and 
ii. Revising the entry for 470; and
iii. Removing entries 726 through 729.
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 Citation                      Title/Subject            effective date          EPA approval date                   Explanations
                                                                      * * * * * * *
470................................  Reserved.........................         5/22/03  11/26/10, 75 FR 72719............
                                                                      * * * * * * *

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

Sec.  52.683  Significant deterioration of air quality.

    (a) The State of Idaho Rules for Control of Air Pollution in Idaho, 
specifically, IDAPA through 007 (definitions), IDAPA, b, c, p, and q (incorporations by reference), IDAPA through 222 (permit to construct rules), IDAPA through 516 (stack height rules), and IDAPA 
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]