[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Rules and Regulations]
[Pages 63324-63326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24333]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ID-02-003; FRL-7825-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Idaho; Correcting Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

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SUMMARY: This action corrects the incorporation by reference provisions 
in the approval of the Idaho PM<INF>10</INF> State Implementation Plan 
(SIP) maintenance plan for the Ada County/Boise, Idaho area published 
on October 27, 2003.

DATES: This action is effective November 1, 2004.

ADDRESSES: Copies of the supporting documentation used in developing 
this action and the action being corrected are available for inspection 
during normal business hours at the following locations: U.S. 
Environmental Protection Agency, Region 10, Office of Air, Waste and 
Toxics (AWT-107), 1200 Sixth Avenue, Seattle, Washington 98101; Idaho 
Operations Office, 1435 North Orchard Street, Boise, Idaho 83706.

FOR FURTHER INFORMATION CONTACT: Colleen Huck at (206) 553-1770 or 
Donna Deneen at (206) 553-6706 or at the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: On October 27, 2003, (68 FR 61106), EPA 
approved an Idaho SIP maintenance plan which addressed the attainment 
and maintenance of the National Ambient Air Quality Standard (NAAQS) 
for PM<INF>10</INF> in the Ada County/Boise, Idaho area. 
PM<INF>10</INF> air pollution is suspended particulate matter with a 
diameter less than or equal to a nominal ten micrometers.
    In approving the Ada County/Boise, Idaho PM<INF>10</INF> 
maintenance plan, EPA incorporated by reference specific permit 
conditions limiting particulate matter emissions for a number of 
facilities in the Ada County/Boise Idaho area (68 FR 61110). In doing 
so, EPA inadvertently incorporated by reference permit conditions 
relating to the installation of a beet cleaning system, a transformer 
evaporator, and mill heaters in the State of Idaho Air Pollution 
Operating Permit for the Amalgamated Sugar Company LLC, Permit No. 027-
00010, issued September 30, 2002.
    Idaho subsequently provided information to EPA indicating that the 
installation of the beet cleaning system,

[[Page 63325]]

transformer evaporator, and mill heaters are preliminary steps required 
for installation and operation of a steam dryer system and, based on 
its analysis, should have no impact on actual or potential 
PM<INF>10</INF> emissions rates. Based on the State's information, EPA 
has determined that the permit conditions addressing the installations 
were unnecessarily incorporated by reference for the Ada County/Boise, 
Idaho PM<INF>10</INF> maintenance plan. This action corrects the 
incorporation by reference of these conditions. Specifically, this 
action removes permit conditions 13.5, 13.5.2, 13.5.3, 13.6, 13.6.1, 
and 13.6.2 and provisions 13.5 and 13.6 in Table 13.1 from the list of 
permit conditions that are incorporated by reference. The incorporation 
by reference of the deadline for the installation and operation of the 
steam dryer system, which will result in a reduction of the rate of 
pollutants emitted by the facility, has not changed.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because EPA is merely correcting a 
previous rulemaking action that had been subject to notice and comment 
procedures. Thus, notice and public procedure are unnecessary. EPA 
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
    Moreover, since today's action does not create any new regulatory 
requirements, EPA finds that good cause exists to provide for an 
immediate effective date pursuant to 5 U.S.C. 553(d)(3).

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) or to sections 202 and 205 of the Unfunded Mandates Reform Act 
of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA.
    This corrective action also does not have tribal implications 
because it will not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    This corrective action does not involve technical standards; thus, 
the requirements of section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This 
action does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act (CRA), 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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefor, and established an effective date of November 1, 
2004. 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 action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 3, 2005. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: September 27, 2004.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority 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 revising paragraph (c)(38)(i)(A)(12) to 
read as follows:


Sec.  52.670  Identification of Plan.

* * * * *
    (a) * * *
    (38) * * *
    (i) * * *
    (A) * * *
    (12) State of Idaho Air Pollution Operating Permit for The 
Amalgamated Sugar Company LLC, Permit No. 027-00010, issued September 
30, 2002, the following conditions: 2 (heading only), (2.7, Table 2.2 
as it applies to PM<INF>10</INF>), 2.10, 2.10.1, 2.10.2, 2.11, 2.11.1, 
2.11.2, 2.11.3, 2.11.4, 2.11.5, 2.12, 2.12.1, 2.12.2, 2.12.3, 2.13, 
2.13.1, 2.13.2, 2.13.3, 2.14, 2.14.1, 2.14.2, 2.16, 3 (heading only), 
(3.3, Table 3.2 as it applies to PM<INF>10</INF>), 3.5, 3.7, 3.8, 
3.8.1, 3.8.2, 3.8.3, 3.8.4, 3.8.5, 3.8.6, 3.8.7, 3.8.8, 3.9, 4 (heading 
only), (4.3, Table 4.1 as it applies to PM<INF>10</INF>), 4.5, 4.6, 
4.7,

[[Page 63326]]

5 (heading only), (5.3, Table 5.3 as it applies to PM<INF>10</INF>), 
5.5, 5.9, 5.9.1, 5.9.2, 5.9.3, 5.9.4, 5.9.5, 5.9.6, 5.9.7, 5.9.8, 
5.9.9, 5.10, 5.11, 6 (heading only), 6.3, Table 6.1, 6.5, 6.6, 6.7, 
6.7.1, 6.7.2, 6.8, 7 (heading only), (7.3, Table 7.1 as it applies to 
PM<INF>10</INF>), 7.5, 7.7, 7.7.1, 7.7.2, 7.8, 8 (heading only), 8.3, 
Table 8.1, 8.5, 8.7, 8.7.1, 8.7.2, 8.8, 9 (heading only), 9.3, Table 
9.1, 9.5, 9.7, 9.7.1, 9.7.2, 9.8, 10 (heading only), 10.3, Table 10.1, 
10.6, 10.8, 10.8.1, 10.8.2, 10.9, 11 (heading only), 11.3, Table 11.2, 
11.6, 11.8, 11.8.1, 11.8.2, 11.9, 12 (heading only), 12.3, Table 12.1, 
12.5, 12.7, 12.7.1, 12.7.2, 12.8, 13 (heading only), 13.1 (except as it 
applies to conditions 13.3, 13.3.1, 13.3.2, 13.5, 13.5.1, 13.5.2, 
13.5.3, 13.6, 13.6.1, 13.6.2 and 13.9), Table 13.1 (except conditions 
13.3, 13.5 and 13.6), (13.2, Table 13.2 as it applies to 
PM<INF>10</INF>), 13.2.1, 13.4, 13.4.1, 13.4.2, 13.4.3, 13.7, 13.7.1, 
13.7.2, 13.8, 13.8.1, 13.8.2, 13.8.3, 13.10, and 13.11.

[FR Doc. 04-24333 Filed 10-29-04; 8:45 am]
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