Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules 1795 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

Proposed Regulation Promulgation 

For the reasons set out in the 

preamble, the Federal Subsistence 

Board proposes to amend 36 CFR part 

242 and 50 CFR part 100 for the 2015– 

16 and 2016–17 regulatory years. 

The text of the proposed amendments 

to 36 CFR 242.24 and 242.25 and 50 

CFR 100.24 and 100.25 is the final rule 

for the 2012–2014 regulatory period for 

wildlife (77 FR 35482; June 13, 2012). 

The text of the proposed amendments 

to 36 CFR 242.27 and 50 CFR 100.27 is 

the final rule for the 2013–15 regulatory 

period for fish and shellfish (78 FR 

19107; March 29, 2013). 

The text of the proposed amendments 

to 36 CFR 242.28 and 50 CFR 100.28 is 

the final rule for the 2011–13 regulatory 

period for fish and shellfish (76 FR 

12564; March 8, 2011). 

Dated: December 13, 2013. 

Gene Peltola, 

Assistant Regional Director, U.S. Fish and 

Wildlife Service, Acting Chair, Federal 

Subsistence Board. 

Dated: December 13, 2013. 

Steve Kessler, 

Subsistence Program Leader, USDA—Forest 

Service. 

[FR Doc. 2014–00239 Filed 1–9–14; 8:45 am] 

BILLING CODE 4310–55–P; 3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0418, FRL–9905–30– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to partially 

approve the May 9, 2013, State 

Implementation Plan (SIP) submittal 

from Idaho to revise the SIP to update 

the incorporation by reference of 

Federal air quality regulations into the 

SIP and make minor edits and 

clarifications. The EPA is proposing to 

grant limited approval, as SIP 

strengthening, to a portion of the 

submittal that incorporates by reference 

updates to the Federal nonattainment 

new source review (nonattainment NSR) 

requirements that have been recently 

remanded to the EPA by a court. In 

addition, the EPA is proposing to 

partially disapprove Idaho’s 

incorporation by reference of two 

provisions of the Federal prevention of 

significant deterioration (PSD) 

permitting rules that have been recently 

vacated in a separate decision by a 

court. Finally, we are proposing to take 

no action on Idaho’s incorporation by 

reference of another provision of the 

Federal PSD permitting rules that has 

been the subject of a court action. Upon 

final action, the Idaho SIP would 

incorporate by reference certain Federal 

regulations as of July 1, 2012. 

DATES: Comments must be received on 

or before February 10, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2013–0418, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10-Public_Comments@

epa.gov. 

• Mail: Kristin Hall, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. 

• Hand Delivery: EPA Region 10 

Mailroom, 9th floor, 1200 Sixth Avenue, 

Suite 900, Seattle WA, 98101. Attention: 

Kristin Hall, Office of Air, Waste and 

Toxics, AWT—107. Such deliveries are 

only accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2013– 

0418. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

the disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle 

WA, 98101. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at: (206) 553–6357, 

hall.kristin@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Information is organized as follows: 

Table of Contents 

I. Background 

II. Analysis of State Submittal 

A. Summary of Submittal 

1. PM2.5 PSD IBR Update 

2. 2011 Federal Rule IBR Update 

3. Housekeeping Revisions 

4. 2012 Federal Rule IBR Update 

B. Effect of Court Decisions Vacating and 

Remanding Certain Federal Rules 

1. PM2.5 Nonattainment NSR Provisions 

2. PM2.5 PSD Provisions 

3. PSD Deferral of Certain Emissions From 

Biogenic Sources 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Section 110 of the Clean Air Act 

(CAA) specifies the general 

requirements for states to submit SIPs to 

attain and maintain the National 

Ambient Air Quality Standards 

(NAAQS) and the EPA’s actions 

regarding approval of those SIPs. On 

May 9, 2013, the State of Idaho 

submitted a SIP revision to the EPA to 

account for regulatory changes adopted 

by Idaho on several different dates. 

Idaho incorporates by reference (IBR) 

various portions of Federal regulations 

codified in the Code of Federal 

Regulations (CFR) into the Rules for the 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

1796 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules 

Control of Air Pollution in Idaho 

(IDAPA 58.01.01). Idaho then submits 

parts of IDAPA 58.01.01 to the EPA for 

approval into the Federally-approved 

Idaho SIP (generally those provisions 

that relate to the criteria pollutants 

regulated under section 110 of the CAA 

for which the EPA has promulgated 

NAAQS or other specific requirements 

of section 110). To ensure that its rules 

remain consistent with the EPA 

requirements, Idaho generally updates 

the IBR citations in IDAPA 58.01.01 on 

an annual basis and submits a SIP 

revision to reflect any changes made to 

the Federal regulations during that year. 

Idaho’s current SIP includes the 

approved incorporation by reference of 

specific Federal regulations, revised as 

of July 1, 2010, at IDAPA 58.01.01.107 

‘‘Incorporation by Reference.’’ 

II. Analysis of State Submittal 

A. Summary of Submittal 

On May 9, 2013, Idaho submitted 

several state dockets (rulemakings) for 

approval by the EPA. We note that the 

dockets also include revisions to Idaho’s 

regulations relating to its title V 

operating permits program, hazardous 

air pollutants (referred to as ‘‘toxic air 

pollutants’’ in Idaho regulations), and 

other air quality-related requirements 

that do not implement section 110 of the 

CAA. Idaho submitted the revisions to 

these regulations for information 

purposes only, in order to provide a 

complete record of the rule revisions in 

each of the identified dockets. In the 

cover letter to the May 9, 2013, 

submittal Idaho specifically stated that 

the identified provisions were not being 

submitted to update Idaho’s SIP. Below, 

we describe the rule changes submitted 

to the EPA for approval and provide our 

analysis of the revisions. 

1. PM2.5 PSD IBR Update 

Docket 58–0101–1101 ‘‘PM2.5 PSD 

IBR’’ revises IDAPA 58.01.01.107.03 

‘‘Documents Incorporated by Reference’’ 

to add the EPA final rule for Prevention 

of Significant Deterioration for 

Particulate Matter Less than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels and 

Significant Monitoring Concentration 

(2010 PSD PM2.5 Implementation Rule) 

(October 20, 2010, 75 FR 64864) 

codified at 40 CFR parts 51 and 52. 

Idaho incorporated these Federal 

requirements by reference separately 

from its annual IBR update because the 

EPA’s final rule became effective after 

the State’s annual IBR update in 2010, 

but before its annual IBR update in 

2011. Although Idaho requested 

approval of this docket, it has been 

superseded by the annual IBR updates 

for 2011 and 2012, described below. 

Therefore, we are acting on only the 

most recently adopted and submitted 

version of Idaho’s regulations (namely, 

the 2012 Federal Rule IBR Update). 

Further action on this docket is not 

necessary because this version of the 

regulations is no longer in effect. 

2. 2011 Federal Rule IBR Update 

Docket 58–0101–1103 ‘‘2011 Federal 

Rule IBR’’ revises IDAPA 

58.01.01.107.03 ‘‘Documents 

Incorporated by Reference’’ to update 

the citation dates for specific provisions 

incorporated by reference into the Idaho 

SIP as of July 1, 2011. Although Idaho 

requested approval of this docket, it has 

been superseded by the annual IBR 

update for 2012, described below. 

Therefore, we are acting on only the 

most recently adopted and submitted 

version of Idaho’s regulations (namely, 

the 2012 Federal Rule IBR Update). 

Further action on this docket is not 

necessary because this version of the 

regulations is no longer in effect. 

3. Housekeeping Revisions 

Docket 58–0101–1201 ‘‘Housekeeping 

Revisions’’ revises IDAPA 58.01.01.006 

‘‘General Definitions’’ to clarify the 

definition of ‘‘Modification’’ with 

respect to the use of an alternative fuel 

or raw material, if the stationary source 

is specifically designed to accommodate 

such fuel or raw material before January 

6, 1975 and use of such fuel or raw 

material is not specifically prohibited in 

a permit. The EPA is proposing to 

approve this revision because it has 

been clarified by adding the specific 

date of January 6, 1975, and aligns with 

the Federal definition of ‘‘major 

modification’’ at 40 CFR 51.166(b)(2)(i). 

Docket 58–0101–1201 also revises the 

definition of ‘‘Significant’’ at IDAPA 

58.01.01.006 ‘‘General Definitions’’ to 

include PM2.5. Specifically, the revision 

defines a net emissions increase or the 

potential of a source to emit PM2.5 as 

‘‘significant’’ if the rate of emissions 

would equal or exceed 10 tons per year 

of direct PM2.5 emissions; or, with 

respect to specific precursors to PM2.5, 

40 tons per year of sulfur dioxide 

emissions, or 40 tons per year of 

nitrogen oxides emissions. The EPA is 

proposing to approve this revised 

definition because it is the same as the 

Federal definition of significant at 40 

CFR 51.166(b)(23)(i). 

Docket 58–0101–1201 also revises the 

definition of ‘‘Significant Contribution’’ 

in IDAPA 58.01.01.006 ‘‘General 

Definitions’’ to include an increase in 

ambient concentrations of PM2.5 which 

would exceed 0.3 micrograms per cubic 

meter, annual average, and 1.2 

micrograms per cubic meter, twentyfour hour average. The EPA is proposing 

to approve this revision because it 

adopts the Federal ‘‘significant impact 

levels’’ for PM2.5 as set forth in 40 CFR 

51.165(b)(2) and, as a definition, has a 

legal affect only as otherwise provided 

in regulations. As discussed in Section 

II.B.2 below, certain Federal regulations 

related to significant impact levels were 

recently vacated by a court. However, 40 

CFR 51.165(b)(2) was not vacated and 

remains in effect. Please see Section 

II.B.2 for a detailed discussion. 

It is important to note that since we 

most recently approved revisions to 

IDAPA 58.01.01.006 ‘‘General 

Definitions,’’ new definitions have been 

added at paragraphs (49), (50), (51), (66), 

(67), (114), and (116). As a result, the 

paragraphs in this section have been 

renumbered. We are not at this time 

acting on these new definitions because 

they were not part of the submittal, but 

we are proposing to approve the 

renumbering of the section to reflect the 

current paragraph numbers for 

‘‘Modification’’ (68), ‘‘Significant’’ (106), 

and ‘‘Significant Contribution’’ (107), 

and for all previously approved 

definitions in this section. 

The docket also makes minor changes 

to IDAPA 58.01.01.220 ‘‘General 

Exemption Criteria for Permit to 

Construct Exemptions’’ and IDAPA 

58.01.01.222 ‘‘Category II Exemptions’’ 

to clarify the applicability of these 

provisions. The revision to IDAPA 

58.01.01.220 is approvable because it 

makes clear that an exemption under 

IDAPA 58.01.01.220 may be used by 

Category I sources if they meet the 

criteria in both IDAPA 58.01.01.221 and 

223. Similarly, an exemption under 

IDAPA 58.01.01.220 may be used by 

Category II sources if they meet the 

criteria in both IDAPA 58.01.01.222 and 

223. The revision to IDAPA 

58.01.01.222 ‘‘Category II Exemptions’’ 

is approvable because it clarifies the 

additional criteria that a pilot plant in 

subparagraph (01)(e) must meet in order 

to satisfy the exemption criteria. 

Therefore, we are proposing to approve 

the submitted revisions to IDAPA 

58.01.01.220 and IDAPA 58.01.01.222. 

Finally, this docket revises IDAPA 

58.01.01.792 ‘‘Emissions Standards for 

Nonmetallic Mineral Processing Plants 

Subject to 40 CFR 60 Subpart OOO’’ and 

IDAPA 58.01.01.794 ‘‘Permit 

Requirements’’ as they relate to 

nonmetallic mineral processing plant. 

Idaho submitted a previous version of 

IDAPA 58.01.01.792 and 58.01.01.794 to 

the EPA as a SIP revision, but the EPA 

has not yet taken action on that SIP 

revision. See 75 FR 72719 (November 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules 1797 

1 73 FR 28321 (May 16, 2008). 

2Memorandum from Stephen D. Page, 

Implementation Guidance for the 2006 24-Hour 

Fine Particulate (PM2.5) National Ambient Air 

Quality Standards (Mar. 2, 2012). 

3Memorandum from Stephen D. Page, 

Withdrawal of Implementation Guidance for the 

2006 24-Hour Fine Particle (PM2.5) National 

Ambient Air Quality Standards (Jun. 6, 2013). 

26, 2010). The EPA intends to take 

action on both submitted revisions to 

IDAPA 58.01.01.792 and 58.01.01.794 in 

a separate rulemaking. 

4. 2012 Federal Rule IBR Update 

Docket 58–0101–1203 ‘‘2012 Federal 

Rule IBR Update’’ revises IDAPA 

58.01.01.107 ‘‘Incorporations by 

Reference’’ in several ways. First, the 

revision updates to July 1, 2012 the 

citation dates of specific provisions 

incorporated by reference in IDAPA 

58.01.01.107.03 ‘‘Documents 

Incorporated by Reference.’’ Second, the 

revision repeals certain provisions that 

are no longer necessary to incorporate 

by reference. Finally, the revision adds 

the incorporation by reference of 40 CFR 

part 70 (State Operating Programs) and 

renumbers the subparagraphs in the 

rule. 

Subparagraph (a) of IDAPA 

58.01.01.107.03 incorporates by 

reference the Requirements for 

Preparation, Adoption, and Submittal of 

Implementation Plans, 40 CFR part 51, 

with the exception of certain visibilityrelated provisions, revised as of July 1, 

2012. Idaho’s update to the 

incorporation by reference of 40 CFR 

part 51 includes nonattainment NSR 

requirements at 40 CFR 51.165. For the 

reasons discussed in Section II.B.1 

below, the EPA is proposing to grant 

limited approval, as SIP strengthening, 

to the portion of Idaho’s submittal that 

incorporates by reference updates to the 

Federal nonattainment NSR 

requirements at 40 CFR 51.165. 

Subparagraphs (b) through (e) and (o) 

as renumbered, incorporate by reference 

the following provisions revised as of 

July 1, 2012: (b) National Primary and 

Secondary Ambient Air Quality 

Standards, 40 CFR part 50; (c) Approval 

and Promulgation of Implementation 

Plans, 40 CFR part 52, including the 

Federal PSD permitting rules at 40 CFR 

52.21; (d) Ambient Air Monitoring 

Reference and Equivalent Methods, 40 

CFR part 53; (e) Ambient Air Quality 

Surveillance, 40 CFR part 58; and (o) 

Determining Conformity of Federal 

Actions to State or Federal 

Implementation Plans, 40 CFR part 93, 

Subpart A, Sections 93.100 through 

93.129, although certain subsections are 

specifically excluded from the State’s 

incorporation by reference. These 

provisions relate to the criteria 

pollutants regulated under section 110 

of title I of the CAA or other specific 

requirements of section 110 and, with 

the exceptions discussed in Section 

II.B.2 below, make the Idaho SIP 

consistent with Federal law. The EPA is 

proposing to approve the revisions to 

IDAPA 58.01.01.107.03 (b) through (e) 

and (o) as renumbered, with the 

following exceptions. We are proposing 

to disapprove Idaho’s incorporation by 

reference of two provisions of the 

Federal PSD permitting rules at 40 CFR 

52.21 revised by the 2010 PSD PM2.5

Implementation Rule (October 20, 2010, 

75 FR 64864). Provisions of this rule 

were recently vacated by a court, as 

discussed in Section II.B.2 below. We 

are also proposing to take no action on 

Idaho’s incorporation by reference of a 

provision of 40 CFR 52.21 revised by the 

Biogenic Carbon Dioxide (CO2) Deferral 

Rule that is currently the subject of a 

judicial challenge, as described in 

Section II.B.3 below (July 20, 2011, 76 

FR 43490). 

This docket also repealed 

subparagraphs (o), (p), and (q) (prior to 

renumbering) of IDAPA 58.01.01.107.03. 

Subparagraph (o) incorporated by 

reference the final rule for Primary 

National Ambient Air Quality Standards 

for Sulfur Dioxide, now codified at 40 

CFR part 50, 40 CFR part 53, and 40 

CFR part 58. Subparagraph (p) 

incorporated by reference the final rule 

for Prevention of Significant 

Deterioration and Title V Greenhouse 

Gas Tailoring Rule, now codified at 40 

CFR part 51, 40 CFR part 52, and 40 

CFR part 70. Subparagraph (q) 

incorporated by reference the 2010 PSD 

PM2.5 Implementation Rule, now 

codified at 40 CFR part 51 and 40 CFR 

part 52. Idaho’s annual IBR update has 

since captured the CFR changes made 

by these three Federal rules, and Idaho 

has therefore repealed these 

subparagraphs. We are proposing to 

approve the repeal of IDAPA 

58.01.01.107.03 subparagraphs (o), (p), 

and (q) (prior to renumbering). 

Subparagraphs (f) through (m) of 

IDAPA 58.01.01.107.03 as renumbered, 

incorporate by reference the following 

provisions as of July 1, 2012: (f) 

Standards of Performance for New 

Stationary Sources, 40 CFR part 60; (g) 

National Emission Standards for 

Hazardous Air Pollutants, 40 CFR part 

61; (h) National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories, 40 CFR part 63; (i) 

Compliance Assurance Monitoring, 40 

CFR part 64; (j) State Operating Permit 

Programs, 40 CFR part 70; (k) Permits, 

40 CFR part 72; (l) Sulfur Dioxide 

Allowance System, 40 CFR part 73; and 

(m) Protection of Stratospheric Ozone, 

40 CFR part 82. Consistent with past 

approvals of the Idaho SIP, we are 

proposing to not approve the portion of 

the May 9, 2013, submittal that revises 

IDAPA 58.01.01.107.03(f) through (m) as 

renumbered, because these provisions 

implement other CAA requirements that 

are not requirements of a SIP under 

section 110 of the CAA. 

B. Effect of Court Decisions Vacating 

and Remanding Certain Federal Rules 

1. PM2.5 Nonattainment NSR Provisions 

On January 4, 2013, the U.S. Court of 

Appeals in the District of Columbia, in 

Natural Resources Defense Council 

(NRDC) v. EPA, 706 F.3d 428 (DC Cir.), 

issued a decision that remanded the 

EPA’s 2007 and 2008 rules 

implementing the 1997 PM2.5 NAAQS. 

Relevant here, the EPA’s 2008 

implementation rule addressed by the 

Court decision, ‘‘Implementation of 

New Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)’’ (the 2008 NSR 

PM2.5 Rule),1 promulgated NSR 

requirements for implementation of 

PM2.5 in both nonattainment areas 

(nonattainment NSR) and attainment/

unclassifiable areas (PSD). The Court 

concluded that the EPA had improperly 

based the implementation rule for the 

1997 PM2.5 NAAQS solely upon the 

requirements of part D, subpart 1 of the 

CAA, and had failed to address the 

requirements of part D, subpart 4, which 

establishes additional provisions for 

particulate matter nonattainment areas. 

The Court ordered the EPA to 

‘‘repromulgate these rules pursuant to 

Subpart 4 consistent with this opinion.’’ 

Id. at 437. As a result of the Court’s 

decision, the EPA withdrew its 

guidance for implementing the 2006 

PM2.5 NAAQS2 because the guidance 

was based largely on the remanded rule 

promulgated to implement the 1997 

PM2.5 NAAQS.3 The EPA is currently 

engaged in rulemaking to address the 

remand from the Court. 

In the interim, however, states and the 

EPA still need to proceed with 

implementation of the PM2.5 NAAQS in 

a timely and effective fashion in order 

to meet statutory obligations under the 

CAA and to assure the protection of 

public health intended by those 

NAAQS. In light of the Court’s remand 

of the 2008 NSR PM2.5 Rule, the EPA is 

not prepared at this time to grant full 

approval to Idaho’s incorporation by 

reference into the Idaho SIP of the 

Federal nonattainment NSR 

requirements at 40 CFR 51.165, but 

instead proposes to grant limited 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

1798 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules 

4As discussed above, Idaho’s submittal also 

includes revisions to the Idaho SIP to update the 

incorporation by reference of the Federal PSD 

permitting rule at 40 CFR 52.21. Because the 

requirements of subpart 4 only pertain to 

nonattainment areas, the EPA does not consider the 

portions of the 2008 NSR PM2.5 Rule that address 

requirements for PM2.5 attainment and 

unclassifiable areas (including PSD permitting 

rules) to be affected by the court’s opinion in NRDC 

v. EPA. 

approval, as SIP strengthening, of this 

aspect of Idaho’s submittal. 

The EPA is in the process of 

evaluating the requirements of subpart 4 

as they pertain to nonattainment NSR. 

In particular, subpart 4 includes section 

189(e) of the CAA, which requires the 

control of major stationary sources of 

PM10 precursors (and hence under the 

Court decision, PM2.5 precursors) 

‘‘except where the Administrator 

determines that such sources do not 

contribute significantly to PM10 levels 

which exceed the standard in the area.’’ 

The evaluation of which precursors 

need to be controlled to achieve the 

standard in a particular area is typically 

conducted in the context of the State’s 

preparing and the EPA’s reviewing of an 

area’s attainment plan SIP. In this case, 

there is only one designated PM2.5

nonattainment area in Idaho, the portion 

of Franklin County which is part of the 

cross border Logan, Utah-Idaho 

nonattainment area for the 2006 24-hour 

PM2.5 NAAQS. Idaho submitted an 

attainment plan for this area in Idaho 

(referred to here as ‘‘Franklin County’’) 

on December 14, 2012. On December 26, 

2013, the EPA proposed limited 

approval of the road sanding and 

woodstove control measures in this plan 

(78 FR 78315). 

In light of the Court’s decision in 

NRDC v. EPA, and the need to evaluate 

Idaho’s submittal for Franklin County in 

conjunction with the SIP submittal for 

the Utah portion of the Logan UtahIdaho nonattainment area, the EPA is 

not proposing to make a determination 

regarding whether Idaho’s December 

2012 SIP submittal for Franklin County 

satisfies all of the statutory 

nonattainment planning requirements 

for the 2006 PM2.5 NAAQS. For similar 

reasons, and because the EPA is not 

evaluating in this action Idaho’s 

analysis as to which precursors need to 

be controlled in the Idaho portion of the 

Logan Utah-Idaho nonattainment area, 

the EPA cannot approve as fully 

complying with the CAA a 

nonattainment NSR SIP that may 

address only a subset of the scientific 

precursors recognized by the EPA. On 

the other hand, while we have not yet 

determined if Idaho’s submittal for 

Franklin County contains all of the 

elements necessary to satisfy the CAA 

requirements for PM2.5 nonattainment 

areas when evaluated under subpart 4, 

the revisions proposed in this action to 

40 CFR 51.165 (including without 

limitation the regulation of PM10 and 

PM2.5 condensable emissions) represent 

a strengthening of the currently 

approved Idaho SIP. Therefore, the EPA 

is proposing to grant limited approval of 

the nonattainment NSR provisions in 

Idaho’s 2012 IBR Update. 

Because the EPA has not yet proposed 

revisions to the nonattainment NSR 

permitting requirements in response to 

the remand, the EPA is not evaluating 

at this time whether Idaho’s submittal 

for Franklin County will require 

additional revisions to satisfy the 

subpart 4 requirements. Once the EPA 

repromulgates the Federal PM2.5

regulations with respect to 

nonattainment NSR permitting in 

response to the NRDC v. EPA remand, 

the EPA will consider whether a limited 

disapproval should also be finalized.4

2. PM2.5 PSD Provisions 

As discussed above in Section II.A.4, 

IDAPA 58.01.01.107.03(c) incorporates 

by reference the Federal PSD permitting 

rules at 40 CFR 52.21. The current Idaho 

SIP incorporates 40 CFR 52.21 by 

reference as of July 1, 2010. Docket 

Number 58–0101–1203 updates the 

incorporation by reference date of the 

PSD permitting rules to July 1, 2012, 

and thus includes revisions to 40 CFR 

52.21(i) (relating to the significant 

monitoring concentration (SMC)) and 40 

CFR 52.21(k) (relating to the significant 

impact level (SIL)) that added a SMC 

and SIL for PM2.5 as part of the 2010 

PSD PM2.5 Implementation Rule. 

On January 22, 2013, the U.S. Court 

of Appeals for the District of Columbia, 

in Sierra Club v. EPA, 703 F.3d 458 

(D.C. Cir. 2013), issued, with respect to 

the SMC, a judgment that, inter alia, 

vacated the provisions adding the PM2.5

SMC to the Federal regulations at 

51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c). In 

its decision, the Court held that the EPA 

did not have the authority to use SMCs 

to exempt permit applicants from the 

statutory requirement in section 

165(e)(2) of the CAA that ambient 

monitoring data for PM2.5 be included in 

all PSD permit applications. Thus, 

although the PM2.5 SMC was not a 

required element of a state’s PSD 

program, where a state PSD program 

contains such a provision and allows 

issuance of new permits without 

requiring ambient PM2.5 monitoring 

data, such application of the vacated 

SMC would be inconsistent with the 

Court’s opinion and the requirements of 

section 165(e)(2) of the CAA. 

At the EPA’s request, the decision 

also vacated and remanded to the EPA 

for further consideration the portions of 

the 2010 PSD PM2.5 Implementation 

Rule that revised 40 CFR 51.166 and 40 

CFR 52.21 related to SILs for PM2.5. The 

EPA requested this vacatur and remand 

of two of the three provisions in the 

EPA regulations that contain SILs for 

PM2.5 because the wording of these two 

SIL provisions (40 CFR 51.166(k)(2) and 

40 CFR 52.21(k)(2)) is inconsistent with 

the explanation of when and how SILs 

should be used by permitting authorities 

that we provided in the preamble to the 

Federal Register publication when we 

promulgated these provisions. The third 

SIL provision (40 CFR 51.165(b)(2)) was 

not vacated and remains in effect. We 

also note that the Court’s decision does 

not affect the PSD increments for PM2.5

promulgated as part of the 2010 PSD 

PM2.5 Implementation Rule. The EPA 

recently amended its regulations to 

remove the vacated PM2.5 SILs and SMC 

provisions from the PSD regulations 

(December 9, 2013, 78 FR 73698). The 

EPA will initiate a separate rulemaking 

in the future regarding the PM2.5 SILs 

that will address the Court’s remand. In 

the meantime, the EPA is advising states 

to begin preparations to remove the 

vacated provisions from state PSD 

regulations. 

In response to the vacatur of the EPA 

regulations as they relate to the PM2.5

SMC and the PM2.5 SILs, Idaho 

submitted a letter to the EPA, dated 

October 18, 2013, clarifying that it will 

not apply either the PM2.5 SMC 

provisions at 40 CFR 52.21(i)(5)(i)(c) or 

the PM2.5 SIL provisions at 40 CFR 

52.21(k)(2) in Idaho’s implementation of 

the PSD program. In addition, the 

October 18, 2013 letter states that Idaho 

intends to remove the vacated 

provisions to ensure consistency with 

Federal law as soon as practicable. 

Therefore, we are proposing to partially 

disapprove the Idaho submittal with 

respect to the incorporation by reference 

at IDAPA 58.01.01.107.03(c) of the 

vacated provisions of 40 CFR 52.21 

(namely, 40 CFR 52.21(i)(5)(i)(c) and 40 

CFR 52.21(k)(2)). 

3. PSD Deferral of Certain Emissions 

From Biogenic Sources 

In 2011, the EPA revised the 

definition of ‘‘subject to regulation’’ at 

40 CFR 52.21(b)(49)(ii)(a) to defer for 

three years (until July 21, 2014) PSD 

permitting requirements to CO2

emissions from bioenergy and other 

biogenic stationary sources (Deferral for 

CO2 Emissions from Bioenergy and 

Other Biogenic Sources under the 

Prevention of Significant Deterioration 

(PSD) and Title V Programs; Final Rule 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules 1799 

(July 20, 2011, 76 FR 43490) (Biogenic 

CO2 Deferral Rule). Idaho’s update to 

incorporate by reference the EPA’s PSD 

permitting rules as of July 1, 2012, 

includes this revision to 40 CFR 

52.21(b)(49)(ii)(a). On July 12, 2013, the 

U.S. Court of Appeals for the District of 

Columbia, in Center for Biological 

Diversity v. EPA, No. 11–1101 (D.C. Cir. 

July 12, 2013), vacated the Biogenic CO2

Deferral Rule. At this time, the Court 

has not issued the mandate in this case 

and the vacatur is therefore not in effect. 

In light of this situation, we are 

proposing to take no action on Idaho’s 

incorporation by reference of the 

revision to 40 CFR 52.21(b)(49)(ii)(a) at 

this time. 

The EPA is proposing to approve all 

other aspects of Idaho’s incorporation 

by reference of 40 CFR 52.21 as of July 

1, 2012 in IDAPA 58.01.01.107.03(c), 

other than those discussed in Sections 

II.B.2 and II.B.3 of this proposal. 

III. Proposed Action 

The EPA is proposing to partially 

approve the May 9, 2013, submittal from 

Idaho to update the incorporation by 

reference of Federal air quality 

regulations into the SIP and make minor 

edits and clarifications. Specifically, we 

are proposing to approve the revisions 

to IDAPA 58.01.01.107.03 

‘‘Incorporations by Reference,’’ except 

as noted below; IDAPA 58.01.01.006 

‘‘General Definitions;’’ IDAPA 

58.01.01.220 ‘‘General Exemption 

Criteria for Permit to Construct 

Exemptions;’’ and IDAPA 58.01.01.222 

‘‘Category II Exemption.’’ The EPA is 

proposing to grant limited approval, as 

SIP strengthening, to a portion of the 

submittal that incorporates by reference 

updates to the Federal nonattainment 

NSR requirements at 40 CFR 51.165 that 

have been recently remanded to the EPA 

by a court. 

We are proposing to partially 

disapprove the revision to IDAPA 

58.01.01.107.03(c) as it relates to the 

incorporation by reference of specific 

vacated provisions at 40 CFR 52.21 

(namely, 40 CFR 52.21(i)(5)(i)(c) and 40 

CFR 52.21(k)(2)). We are proposing to 

take no action on the revision to IDAPA 

58.01.01.107.03(c) as it relates to the 

incorporation by reference of the 

vacated revision to 40 CFR 

52.21(b)(49)(ii)(a). Upon final action, the 

Idaho SIP would incorporate by 

reference specific Federal regulations as 

of July 1, 2012. 

IV. Statutory and Executive Order 

Reviews 

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 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 the 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, 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 the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, and 

Reporting and recordkeeping 

requirements. 

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

Dated: December 30, 2013. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2014–00274 Filed 1–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–R06–OPPT–2013–0398; FRL–9905– 

14–Region 6] 

Lead-Based Paint Renovation, Repair 

and Painting, and Pre-Renovation 

Education Activities in Target Housing 

and Child Occupied Facilities; 

Oklahoma; Notice of Self-Certification 

Program Authorization, and Request 

for Public Comment on SelfCertification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Self-certification program 

authorization and request for comments. 

SUMMARY: This document announces 

that on March 25, 2013, the State of 

Oklahoma was deemed authorized 

under section 404(a) of the Toxic 

Substances Control Act (TSCA), to 

administer and enforce requirements for 

a renovation, repair and painting 

program (RRP) and a lead-based paint 

pre-renovation education program (PRE) 

in accordance with 406(b) of TSCA. 

This document also announces that EPA 

is seeking comment during a 45-day 

public comment period on the State of 

Oklahoma’s self-certification. This 

document also announces that the 

authorization of the Oklahoma 402(c)(3) 

and 406(b) programs, which was 

deemed authorized by regulation and 

statute on March 25, 2013, will continue 

without further notice unless EPA, 

based on its own review and/or 

comments received during the comment 

period, disapproves this Oklahoma 

program application. 

DATES: Comments identified by Docket 

Control Number EPA–R06–OPPT–2013– 

0398, must be received on or before 

February 24, 2014. 

ADDRESSES: Comments may be 

submitted by mail, electronically, or in 

person. Please follow the detailed 

instructions for each method as 

provided in Section I of this notice. 

SUPPLEMENTARY INFORMATION: To ensure 

proper receipt by EPA, it is important 

that you identify Docket Control 

Number EPA–R06–OPPT–2013–0398 in 

mstockstill on DSK4VPTVN1PROD with PROPOSALS