508 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2007–0406; FRL–9247–9] 

Approval and Promulgation of 

Implementation Plans; Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Idaho State 

Implementation Plan (SIP) that were 

submitted to EPA by the State of Idaho 

on April 16, 2007. This SIP submittal 

includes new and revised rules which 

provide the Idaho Department of 

Environmental Quality (IDEQ) the 

regulatory authority to address regional 

haze and to implement Best Available 

Retrofit Technology (BART) 

requirements. The rule revisions were 

submitted in accordance with the 

requirements of section 110 and part D 

of the Clean Air Act (hereinafter the Act 

or CAA). EPA is also taking action on 

several other visibility-related rule 

revisions included in the submittal 

which are not specifically related to 

regional haze or BART requirements. 

One revision related to open burning is 

not being addressed in this action 

because it was superseded by a 

subsequent SIP revision on May 28, 

2008, which was approved in a separate 

rulemaking on August 1, 2008. Other 

revisions related to permitting are not 

being addressed in this action because 

they were superseded by subsequent SIP 

revisions on May 12, 2008, and June 8, 

2009, which were approved in a 

separate rulemaking on November 26, 

2010. 

DATES: Comments must be received on 

or before February 4, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2007–0406, by any of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: R10- 

Public_Comments@epa.gov. 

• Mail: Steve Body, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. Attention: Steve 

Body, 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–2007– 

0406. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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, 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 EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, 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 http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure 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 http:// 

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: 

Steve Body at telephone number: (206) 

553–0782, e-mail address: 

body.steve@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

EPA. Information is organized as 

follows: 

Table of Contents 

I. Purpose of Proposed Action 

II. Background for Proposed Action 

III. Idaho SIP Revisions and EPA’s Proposed 

Action 

A. New and Revised Definitions 

B. Regional Haze (including BART) 

Provisions 

C. Other Visibility-Related Provisions 

IV. Scope of Proposed Action 

V. Statutory and Executive Order Reviews 

I. Purpose of Proposed Action 

The purpose of this action is to 

propose approval of revisions to Idaho’s 

SIP that were submitted to EPA by the 

State of Idaho IDEQ on April 16, 2007. 

The SIP submittals revise and amend 

IDEQ’s Rules for the Control of Air 

Pollution in Idaho (IDAPA 58.01.01) 

currently in the Federally approved 

Idaho SIP (Code of Federal Regulations 

part 52, subpart N). This action will 

update the Federally approved SIP to 

reflect changes to IDAPA 58.01.01 that 

were made by IDEQ and reviewed and 

deemed approvable into the SIP. The 

proposed SIP revisions are explained in 

more detail below along with our 

evaluation of how these rules comply 

with the requirements for SIPs and the 

basis for our action. 

II. Background for Proposed Action 

Title I of the CAA, as amended by 

Congress in 1990, specifies the general 

requirements for states to submit SIPs to 

meet requirements of the Act and EPA’s 

actions regarding approval of those SIPs. 

With this action we propose to approve 

the SIP submittal related to regional 

haze, and specifically, BART. We are 

taking no action on some of the 

provisions of the April 16, 2007, 

submittal because they were superseded 

in a May 28, 2008, submittal which was 

subsequently approved in a separate 

rulemaking on August 1, 2008. 73 FR 

44915. We are also proposing to take no 

action in this rulemaking on other SIP 

revisions related to permitting because 

they were superseded by a May 12, 

2008, submittal which was subsequently 

approved in a separate rulemaking on 

November 26, 2010. 75 FR 72719. 

III. Idaho SIP Revisions and EPA’s 

Proposed Action 

A. New and Revised Definitions 

Idaho has made numerous revisions 

to its definition sections (Section 006 

General Definitions and Section 007 

Definitions for the Purposes of Sections 

200 through 228 and 400 through 461). 

New definitions have been added for the 

new regional haze provisions, some 


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Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Proposed Rules 509 

1 ‘‘Indian country’’ is defined under 18 U.S.C. 

1151 as: (1) All land within the limits of any Indian 

reservation under the jurisdiction of the United 

States Government, notwithstanding the issuance of 

any patent, and including rights-of-way running 

through the reservation, (2) all dependent Indian 

communities within the borders of the United 

States, whether within the original or subsequently 

acquired territory thereof, and whether within or 

without the limits of a State, and (3) all Indian 

Continued 

existing definitions related to visibility 

permitting have been revised for use in 

the regional haze provisions and 

relocated from Section 007 to Section 

006, and numerous editorial changes 

have been made to conform to 

renumbered definitions and correct 

internal cross-references. Specifically: 

New Definitions 

Idaho has added several new 

definitions for the purposes of the new 

regional haze rules, specifically: Section 

006.14 Bart-Eligible Source; Section 

006.16 Best Available Retrofit 

Technology (BART); Section 006.28 

Deciview; Section 006.43 Federally 

Enforceable; Section 006.59 Least 

Impaired Days; Section 006.65 Most 

Impaired Days; Section 006.67 Natural 

Conditions; Section 006.91 Regional 

Haze; and Section 006.125 Visibility in 

Any Mandatory Class I Area. These new 

definitions are consistent with the EPA 

definitions in 40 CFR 51.301. EPA 

proposes to approve these new 

definitions. 

Existing Definitions With Revisions 

The following currently-approved 

definitions have been revised, 

renumbered, and/or relocated to make 

them consistent with the new regional 

haze provisions: Section 006.04 Adverse 

Impact on Visibility (moved from 007.01 

to 006.04 and clarified how it relates to 

integral vistas under 40 CFR 51.307); 

Section 006.41 Federal Class I Area 

(removed cross reference to Section 

580); Section 006.42 Federal Land 

Manager (revised to make applicable 

only to Class I areas); Section 006.57 

Integral Vista (moved from 007.07 to 

006.57 and removed reference to 40 CFR 

51.304(a)); Section 006.61 Mandatory 

Class I Federal Area (moved from 007.08 

to 006.61 and replaced reference to 42 

U.S.C. 7472(a) with a reference to 40 

CFR 81.400 to 437); Section 006.81 

Potential to Emit/Potential Emissions 

(removed language regarding capacity 

factor); and Section 006.124 Visibility 

Impairment (moved from 007.17 to 

006.124 and added light extinction to 

the parenthetical list of examples of 

impairment). 

Since Idaho has now adopted EPA’s 

Prevention of Significant Deterioration 

(PSD) rules by reference in Section 205, 

including the definitions at 40 CFR 

52.21(b), these definitions are no longer 

needed for the purposes of Sections 200 

through 228. The revised definitions are 

consistent with the EPA definitions in 

40 CFR 51.301. EPA proposes to 

approve these revised definitions. 

Renumbered Definitions and Definitions 

With Cross-Reference Changes Only 

The following currently-approved 

definitions have been renumbered and/ 

or relocated without change or with 

changes only to internal crossreferences: Section 006.62 Member of 

the Public (cross-reference correction); 

Section 006.63 Modification (crossreference correction); Section 006.92 

Regulated Air Pollutant (cross-reference 

correction); Section 006.99 Secondary 

Emissions (moved from 007.13 to 006.99 

unchanged); Section 006.101 Significant 

(cross-reference correction); and Section 

007.02 Baseline Actual Emissions 

(renumbered from 007.03 to 007.02 and 

cross-references in paragraphs a.iv and 

d corrected). 

EPA proposes to approve the editorial 

changes to these existing approved 

definitions. 

B. Regional Haze (including BART) 

Provisions 

Idaho has adopted new sections 665 

through 668 which provide the State 

with the authority to address regional 

haze in accordance with the 

requirements of the Act and EPA’s 

regulations at 40 CFR 51.300 through 

308. These include: Section 666 

Reasonable Progress Goals, which is 

consistent with 40 CFR 51.308(d)(1); 

Section 667 Long-Term Strategy for 

Regional Haze, which is consistent with 

40 CFR 51.308(d)(3); and Section 668 

BART Requirement for Regional Haze, 

which is consistent with 40 CFR 

51.308(e). EPA proposes to approve 

these new rules as providing authority 

for Idaho to adopt a regional haze plan. 

EPA is proposing action on the Idaho 

regional haze plan in a separate 

rulemaking. 

In addition, Idaho has incorporated 

several Federal rules addressing 

visibility and Regional Haze at 

58.01.01.107.03(a)(ii), and (c) 

Incorporation by Reference, specifically: 

40 CFR part 51, subpart P, 40 CFR part 

51, Appendix Y, and 40 CFR 51.301, 

51.304(a), 51.307, and 51.308. This 

provision has been superseded by a 

more recent submittal (June 8, 2009) 

which was approved by EPA in a 

separate rulemaking on November 26, 

2010. 75 FR 72719. 

C. Other Visibility-Related Provisions 

Section 204 Permit Requirements for 

New Major Facilities or Major 

Modifications in Nonattainment Areas: 

Idaho has revised subsection 02, 

Additional Requirements, paragraph d. 

Effect on Visibility which is a 

requirement of a permit applicant for a 

permit to satisfactorily demonstrate to 

the IDEQ the effect on visibility of any 

Federal Class I area or integral vista is 

consistent with making reasonable 

progress toward the national visibility 

goal in 40 CFR 51.300(a). This provision 

has been superseded by a more recent 

submittal (May 12, 2008) which was 

approved by EPA in a separate 

rulemaking on November 26, 2010. 75 

FR 72719. 

Section 205 Permit Requirements for 

New Major Facilities or Major 

Modifications in Attainment or 

Unclassifiable Areas: Idaho has revised 

subsection 02, Effects on Visibility. 

Effect on Visibility which is a 

requirement of a permit applicant for a 

permit to satisfactorily demonstrate to 

the IDEQ the effect on visibility of any 

Federal Class I area or integral vista is 

consistent with making reasonable 

progress toward the national visibility 

goal in 40 CFR 51.300(a). This provision 

has been superseded by a more recent 

submittal (May 12, 2008) which was 

approved by EPA in a separate 

rulemaking on November 26, 2010. 75 

FR 72719. 

58.01.01.600 Rules for Control of 

Open Burning: This revision adds 

language to indicate that the purpose of 

the open burning rules includes 

reducing the visibility impairment in 

mandatory Class I Federal Areas in 

accordance with the regional haze longterm strategy. This provision has been 

superseded by a subsequent revision 

and was addressed in a separate action. 

See 73 FR 44915 (August 1, 2008). 

58.01.01.651 General Rules [for 

Control of Fugitive Dust]: This revision 

adds language requiring that proximity 

to a Class I area be considered when 

determining when reasonable 

precautions must be taken to prevent 

particulate matter from becoming 

airborne. We propose to approve this 

requirement as a SIP-strengthening rule 

change. This revision will allow Idaho 

to further control sources of fugitive 

dust when those sources impact air 

quality, including visibility, in Class I 

areas. 

IV. Scope of Proposed Action 

Idaho has not demonstrated authority 

to implement and enforce IDAPA 

chapter 58 within ‘‘Indian Country’’ as 

defined in 18 U.S.C. 1151.1 Therefore, 


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510 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Proposed Rules 

allotments, the Indian titles to which have not been 

extinguished, including rights-of-way running 

through the same. Under this definition, EPA treats 

as reservations trust lands validly set aside for the 

use of a Tribe even if the trust lands have not been 

formally designated as a reservation. In Idaho, 

Indian country includes, but is not limited to, the 

Coeur d’Alene Reservation, the Duck Valley 

Reservation, the Reservation of the Kootenai Tribe, 

the Fort Hall Indian Reservation, and the Nez Perce 

Reservation as described in the 1863 Nez Perce 

Treaty. 

EPA proposes that this SIP approval not 

extend to ‘‘Indian Country’’ in Idaho. See 

CAA sections 110(a)(2)(A) (SIP shall 

include enforceable emission limits), 

110(a)(2)(E)(i) (State must have adequate 

authority under State law to carry out 

SIP), and 172(c)(6) (nonattainment SIPs 

shall include enforceable emission 

limits). This is consistent with EPA’s 

previous approval of Idaho’s SIP 

revisions, in which EPA specifically 

disapproved the program for sources 

within Indian Reservations in Idaho 

because the State had not shown it had 

authority to regulate such sources. See 

40 CFR 52.683(b). It is also consistent 

with EPA’s approval of Idaho’s title V 

air operating permits program. See 61 

FR 64622, 64623 (December 6, 1996) 

(interim approval does not extend to 

Indian Country); 66 FR 50574, 50575 

(October 4, 2001) (full approval does not 

extend to Indian Country). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act 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 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: 

• 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: December 22, 2010. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2010–33281 Filed 1–4–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1994–0001; FRL–9246–9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the AT&SF Albuquerque 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) proposes to 

delete, from the National Priority List 

(NPL), 40 CFR part 300, appendix B, 62 

acres of the AT&SF Albuquerque 

Superfund Site (Site). The Site is 

located in Albuquerque, Bernalillo 

County, New Mexico. After this 

deletion, this 62 acres will no longer be 

part of the Site and only the 27 acres 

making up the southern half of the Site 

will remain a listed Superfund Site (see 

the Environmental Protection Easement 

and Declaration of Restrictive Covenants 

in the docket). The only contaminated 

medium that was identified on the 

northern 62 acres of the Site was soil. 

This soil was remediated so that the 

concentration levels of hazardous 

substances that remain are consistent 

with future industrial or commercial 

use. This notice of intent for partial 

deletion is being published by EPA with 

the concurrence of the State of New 

Mexico, through the New Mexico 

Environment Department (NMED), 

because EPA has determined that all 

appropriate response actions for this 

parcel under CERCLA, other than 

operation, maintenance, and five-year 

reviews, have been completed. 

However, this partial deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments must be received by 

February 4, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1994–0001, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

on-line instructions for submitting 

comments. 

• E-mail: coltrain.katrina@epa.gov. 

• Fax: 214–665–6660, Attention: 

Katrina Higgins-Coltrain. 

• Mail: Katrina Higgins-Coltrain, 

Remedial Project Manager, U.S. EPA 

Region 6 (6SF–RL), 1445 Ross Avenue, 

Dallas, TX 75202–2733. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1994– 

0001. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 


srobinson on DSKHWCL6B1PROD with PROPOSALS