Proposed Rule2022-27477
Air Plan Approval; ID; Incorporation by Reference Updates
Primary source
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Published
December 19, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) proposes to approve a revision to the Idaho State Implementation Plan (SIP) submitted on May 4, 2022. The submission updates the incorporation by reference of the national ambient air quality standards and related planning and monitoring requirements into the Idaho air quality rules as of July 1, 2021. Idaho undertakes such updates regularly to ensure the state air quality rules and the federally enforceable Idaho SIP remain consistent with EPA air quality regulations over time.
Full Text
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<title>Federal Register, Volume 87 Issue 242 (Monday, December 19, 2022)</title>
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[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Proposed Rules]
[Pages 77544-77546]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27477]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0719, FRL-10254-01-R10]
Air Plan Approval; ID; Incorporation by Reference Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
a revision to the Idaho State Implementation Plan (SIP) submitted on
May 4, 2022. The submission updates the incorporation by reference of
the national ambient air quality standards and related planning and
monitoring requirements into the Idaho air quality rules as of July 1,
2021. Idaho undertakes such updates regularly to ensure the state air
quality rules and the federally enforceable Idaho SIP remain consistent
with EPA air quality regulations over time.
DATES: Comments must be received on or before January 18, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0719, at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://www.regulations.gov">www.regulations.gov</a>. The EPA may publish any comment
received to its public docket. Do not electronically submit any
information you consider to be Confidential Business Information or
other information the disclosure of which 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 Confidential Business
Information or multimedia submissions, and general guidance on making
effective comments, please visit
[[Page 77545]]
<a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357 or
<a href="/cdn-cgi/l/email-protection#caa2aba6a6e4a1b8a3b9bea3a48aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="96fef7fafab8fde4ffe5e2fff8d6f3e6f7b8f1f9e0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Evaluation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110 of the Clean Air Act requires each state to submit a
State Implementation Plan (SIP) to attain and maintain the national
ambient air quality standards promulgated by the EPA. To stay up to
date with changes to the standards and related planning and monitoring
requirements, Idaho incorporates certain Federal provisions by
reference into state air quality rules as of a specific date. Each
year, Idaho updates the citation date and submits the revised state air
quality rules to the EPA for approval into the Idaho SIP.
II. Evaluation
On May 3, 2022, Idaho submitted such an update. In the submission,
Idaho revised the date by which specific Federal provisions are
incorporated by reference into the state air quality rules from July 1,
2020 to July 1, 2021. Specifically, these Federal provisions are
incorporated in IDAPA 58.01.01.107 Federal Regulations Incorporated by
Reference, section 03, paragraphs a through e, and consist of the
following:
<bullet> National Primary and Secondary Ambient Air Quality
Standards, 40 Code of Federal Regulations (CFR) part 50;
<bullet> Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, 40 CFR part 51, with the exception of certain
visibility-related provisions;
<bullet> Approval and Promulgation of Implementation Plans, 40 CFR
part 52, subparts A and N, and appendices D and E;
<bullet> Ambient Air Monitoring Reference and Equivalent Methods,
40 CFR part 53; and
<bullet> Ambient Air Quality Surveillance, 40 CFR part 58.
Between the current SIP-approved adoption date of July 1, 2020 and
the revised adoption date of July 1, 2021, the EPA made no changes to
40 CFR parts 50, 53, and 58. With respect to 40 CFR part 51, the EPA
revised the continuous emissions monitoring reporting requirements in
Appendix P to make SIP-related reporting more consistent with similar
reporting under the New Source Performance Standards and National
Emissions Standards for Hazardous Air Pollutants.\1\ Specifically,
certain source categories \2\ subject to SIP requirements must, at a
minimum, report excess emissions semi-annually instead of quarterly.
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\1\ 85 FR 49596, August 14, 2020.
\2\ The covered source categories are: fossil fuel-fired steam
generators; fluid bed catalytic cracking unit catalyst regenerators
at petroleum refineries; sulfuric acid plants; and nitric acid
plants.
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The EPA also revised 40 CFR part 52 to update the requirements for
certain states to address the interstate transport of pollutants in the
eastern part of the United States.\3\ We note this rulemaking does not
apply in Idaho. Additionally, the EPA revised the 40 CFR 52.21 major
new source review applicability regulations to clarify when the
requirement to obtain a major new source review permit applies to a
source proposing to undertake a physical change or a change in the
method of operation (i.e., a project) under the major new source review
pre-construction permitting programs.\4\
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\3\ 86 FR 23054, April, 30, 2021.
\4\ 85 FR 74890, November 24, 2020.
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Finally, the EPA revised 40 CFR part 52 subpart N to approve
changes to the Idaho SIP, including an update to the incorporation by
reference of EPA regulations, revisions to address interstate transport
requirements, and a change to redesignate to attainment the Idaho
portion of the Logan, Utah-Idaho fine particulate matter nonattainment
area.\5\
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\5\ 85 FR 73632, November 19, 2020; 85 FR 65722, October 16,
2020; 86 FR 18457, April 9, 2021; 86 FR 27532, May 21, 2021.
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Idaho's revisions to IDAPA 58.01.01.107, section 03, paragraphs a
through e have the effect of incorporating into the Idaho SIP the
revisions to 40 CFR parts 51 and 52 described above. After reviewing
the submission, we have made the preliminary determination that the
submitted updates are consistent with Federal regulations and Clean Air
Act requirements.
III. Proposed Action
The EPA proposes to approve and incorporate by reference revisions
to the Idaho SIP submitted on May 4, 2022. Upon final approval, the
Idaho SIP will include IDAPA 58.01.01.107 Incorporation by Reference,
subsection 03, paragraphs a through e, state effective March 24, 2022.
As described in section II of this preamble, this provision
incorporates the national ambient air quality standards and related
planning and monitoring requirements as of July 1, 2021.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the provisions described in section III of this preamble. The
EPA has made, and will continue to make, these documents generally
available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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, the Administrator is required to approve a
State Implementation Plan submission that complies with the provisions
of the Clean Air Act and applicable Federal regulations. 42 U.S.C.
7410(k); 40 CFR 52.02(a). Thus, in reviewing State Implementation Plan
submissions, the EPA's role is to approve state choices, provided that
they meet the criteria of the Clean Air Act. Accordingly, this proposed
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 proposed action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
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<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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 the requirements would be inconsistent
with the Clean Air Act; and
<bullet> 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, this proposed rulemaking would not apply on any Indian
reservation land or in any other area in Idaho where the EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, the proposed rulemaking would not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 13, 2022.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2022-27477 Filed 12-16-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.