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TABLE TO § 3.317—LONG-TERM HEALTH EFFECTS POTENTIALLY ASSOCIATED WITH INFECTIOUS DISEASES—Continued 

A 

B 

Disease 

• Fatigue, inattention, amnesia, and depression. 

• Guillain-Barre ́ syndrome. 

• Hepatic abnormalities, including granulomatous hepatitis. 

• Multifocal choroiditis. 

• Myelitis-radiculoneuritis. 

• Nummular keratitis. 

• Papilledema. 

• Optic neuritis. 

• Orchioepididymitis and infections of the genitourinary system. 

• Sensorineural hearing loss. 

• Spondylitis. 

• Uveitis. 

Campylobacter jejuni ................................................................................... • Guillain-Barre ́ syndrome if manifest within 2 months of the infection. 

• Reactive Arthritis if manifest within 3 months of the infection. 

• Uveitis if manifest within 1 month of the infection. 

Coxiella burnetii (Q fever) ........................................................................... • Chronic hepatitis. 

• Endocarditis. 

• Osteomyelitis. 

• post-Q-fever chronic fatigue syndrome. 

• Vascular infection. 

Malaria ......................................................................................................... • Demyelinating polyneuropathy. 

• Guillain-Barre ́ syndrome. 

• Hematologic manifestations (particularly anemia after falciparum 

malaria and splenic rupture after vivax malaria). 

• Immune-complex glomerulonephritis. 

• Neurologic disease, neuropsychiatric disease, or both. 

• Ophthalmologic manifestations, particularly retinal hemorrhage and 

scarring. 

• Plasmodium falciparum. 

• Plasmodium malariae. 

• Plasmodium ovale. 

• Plasmodium vivax. 

• Renal disease, especially nephrotic syndrome. 

Mycobacterium tuberculosis ........................................................................ • Active tuberculosis. 

• Long-term adverse health outcomes due to irreversible tissue damage from severe forms of pulmonary and extrapulmonary tuberculosis and active tuberculosis. 

Nontyphoid Salmonella ............................................................................... • Reactive Arthritis if manifest within 3 months of the infection. 

Shigella ........................................................................................................ • Hemolytic-uremic syndrome if manifest within 1 month of the infection. 

• Reactive Arthritis if manifest within 3 months of the infection. 

Visceral leishmaniasis ................................................................................. • Delayed presentation of the acute clinical syndrome. 

• Post-kala-azar dermal leishmaniasis if manifest within 2 years of 

the infection. 

• Reactivation of visceral leishmaniasis in the context of future 

immunosuppression. 

West Nile virus ............................................................................................ • Variable physical, functional, or cognitive disability. 

(e) Service. For purposes of this 

section: 

(1) The term Persian Gulf veteran 

means a veteran who served on active 

military, naval, or air service in the 

Southwest Asia theater of operations. 

(2) The Southwest Asia theater of 

operations refers to Iraq, Kuwait, Saudi 

Arabia, the neutral zone between Iraq 

and Saudi Arabia, Bahrain, Qatar, the 

United Arab Emirates, Oman, the Gulf 

of Aden, the Gulf of Oman, the Persian 

Gulf, the Arabian Sea, the Red Sea, and 

the airspace above these locations 

during the Persian Gulf War. 

Authority: 38 U.S.C. 1117, 1118. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on March 15, 2010. 

[FR Doc. 2010–5980 Filed 3–17–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2008–0482; FRL–9128–3] 

Approval and Promulgation of 

Implementation Plans; Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

numerous revisions to the Idaho State 

Implementation Plan (SIP) that were 

submitted to EPA by the State of Idaho 


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on May 22, 2003, April 2, 2004, July 13, 

2005, May 5, 2006, April 16, 2007, May 

12, 2008, and June 8, 2009. The 

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 

taking no action in this rulemaking on 

a number of submitted rule revisions 

that are unrelated to the purposes of the 

implementation plan. 

DATES: Comments must be received on 

or before April 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2008–0482, 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: Donna Deneen, 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: Donna 

Deneen, 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–2008– 

0482. 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: 

Donna Deneen at telephone number: 

(206) 553–6706, e-mail address: 

deneen.donna@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 

A. Annual Incorporation by Reference 

(IBR) of Federal Regulations 

B. New Source Review (NSR) Regulations 

C. Permit To Construct Exemptions 

D. Permitting Fees 

E. Soil Vapor Extraction 

F. Hospital/Medical/Infectious Waste 

Incinerators 

G. Permit Clarifications 

H. Title V Operating Permit Fees 

I. Regulated Air Pollutants 

J. Procedure for Transfer of Permits To 

Construct and Tier II Operating Permits 

K. Mercury 

L. Sulfur Content of Fuels 

IV. EPA’s Proposed Action 

A. Rules To Approve Into SIP 

B. Rules on Which No Action Is Taken 

C. 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 multiple revisions 

to Idaho’s SIP that were submitted to 

EPA by the State of Idaho Department 

of Environmental Quality (IDEQ) on 

May 22, 2003, April 2, 2004, July 13, 

2005, May 5, 2006, April 16, 2007, May 

12, 2008 and June 8, 2009. 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 

attain and/or maintain the National 

Ambient Air Quality Standards 

(NAAQS) and EPA’s actions regarding 

approval of those SIPs. With this action 

we are proposing approval of multiple 

SIP submittals and further background 

for each one is provided in the section 

below. We are taking no action on some 

of the provisions in some submittals 

because they are not related to the 

criteria pollutants regulated under title 

I of the Act or the requirements for SIPs 

under section 110 of the Act. 

III. Idaho SIP Revisions 

Table 1 includes a list of each SIP 

submittal including the submittal date, 

title and sections of IDAPA 58.01.01 

that are revised. The paragraphs that 

follow Table 1 include further 

information for each SIP submittal 

including a summary of the submittal 

with relevant background information 

and analysis to support our action. 

TABLE 1—IDEQ SIP SUBMITTALS ADDRESSED IN THIS ACTION

Date of submittal Title (with IDEQ Docket No.) Sections of IDAPA 58.01.01 revised or amended 

05/22/2003 1 ...... Soil Vapor Extraction (58–0101–0102) .................................... 58.01.01.210. 

2001 IBR of Federal Regulations (58–0101–0103) ................. 58.01.01.008 and 107. 

Hospital/Medical/Infectious Waste Incinerators (58–0101– 

0103).

58.01.01.861. 


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TABLE 1—IDEQ SIP SUBMITTALS ADDRESSED IN THIS ACTION—Continued 

Date of submittal Title (with IDEQ Docket No.) Sections of IDAPA 58.01.01 revised or amended 

Permit Clarification (58–0101–0202) ........................................ 58.01.01.209, 213, 228, 313, 317, 395, 410, 511, 581, 700 

and 710–724. 

2002 IBR of Federal Regulations (58–0101–0202) ................. 58.01.01.008 and 107. 

Permitting Fees (58–0101–0104) ............................................. 58.01.01.01.006, 007, 200–202, 209, 224–228, 400–402, 

404, 407–410, 470, 800–802. 

Title V Operating Permit Fees (58–0101–0203) ...................... 58.01.01.387–399. 

04/02/2004 ........ 2003 IBR of Federal Regulations (58–0101–0301) ................. 58.01.01.008 and 107. 

07/13/2005 ........ New Source Review (58–0101–0304) ..................................... 58.01.01.006, 200, 202, 204, 205, 206, 209, 225 and 401. 

Permit to Construct Exemptions (58–0101–0401) ................... 58.01.01.220 and 222. 

2004 IBR of Federal Regulations (58–0101–0402) ................. 58.01.01.008, 107, 200, 204 and 205. 

05/05/2006 2 ...... Regulated Air Pollutants (58–0101–0503) ............................... 58.01.01.006–008, 133–135, 155, 213, 220, 440–442, 460, 

511–513, 560–561, 575, 581, and 679. 

2005 IBR of Federal Regulations (58–0101–0505) ................. 58.01.01.008, 107, 200, 204 and 205. 

Procedure for Transfer of Permit to Construct and Tier II permits (58–0101–0506).58.01.01.006, 007, 209, and 404. 

Permit to Construct Exemptions (58–0101–0507) ................... 58.01.01.222. 

04/16/2007 ........ 2006 IBR of Federal Regulations (58–0101–0602) ................. 58.01.01.008, 107, 200, 204, 205. 

Mercury (58–0101–0603) ......................................................... 58.01.01.199. 

05/12/2008 ........ 2007 IBR of Federal Regulations (58–0101–0701) ................. 58.01.01.008, 107, 200, 204, 205. 

06/08/2009 1 ...... Sulfur Content of Fuels (58–0101–0703) ................................. 58.01.01.725. 

2008 IBR of Federal Rules (58–0101–0802) ........................... 58.01.01.008 and 107. 

1The May 22, 2003 and June 8k 2009 SIP submittals included IDEQ SIP revisions for the control of nonmetallic mineral processing plants 

(IDEQ Docket 58–0101–0002 and a portion of Docket 58–0101–0002), which will be acted on in a separate action. 2The May 6, 2006 submittal included IDEQ’s SIP revision for the facility emissions cap (IDEQ Docket 58–0101–0508) which will be acted on in 

a separate action. 

A. Annual Incorporation by Reference 

(IBR) of Federal Regulations 

IDAPA 58.01.01 incorporates by 

reference various portions of Federal 

regulations codified in the Code of 

Federal Regulations (CFR). However, 

when a Federal regulation originally 

incorporated by reference into IDAPA 

58.01.01 on a specific date is 

subsequently changed, IDAPA 58.01.01 

becomes out of date and, in some cases, 

inconsistent with the revised version of 

the Federal regulation. To avoid 

potential inconsistencies and keep 

IDAPA 58.01.01 up to date with changes 

in Federal regulations, IDEQ submits a 

revision to its SIP on an annual basis 

updating the IBR citations in IDAPA 

58.01.01 so they reflect any changes 

made to the Federal regulations during 

that year. 

Annual Incorporation of Federal 

Regulations by Reference SIPs for the 

years 2001 through 2008 were submitted 

to EPA on May 22, 2003, April 2, 2004, 

July 13, 2005, May 5, 2006, April 16, 

2007, May 12, 2008 and June 8, 2009, 

respectively. Because the most recent 

annual IBR submittals of May 12, 2008 

(including the 2007 Annual IBR) and 

June 8, 2009 (including the 2008 Annual 

IBR) supersede the Annual IBR updates 

for 2001 through 2006, they are the most 

recent and only versions of certain 

sections of IDAPA 58.01.01 that need to 

be incorporated into the SIP. The 2007 

Annual IBR changed the way Federal 

regulations are incorporated by 

reference into IDAPA 58.01.01.200, 204 

and 205. Specifically, rather than listing 

the IBR of Federal regulations in each of 

these three sections, IDAPA 

58.01.01.200, 204 and 205 now include 

language stating that the applicable 

Federal regulations are incorporated by 

reference into the rules at section 107. 

This revision simplifies future annual 

IBR updates by minimizing the sections 

of IDAPA 58.01.01 that need to be 

revised each year. The 2008 Annual IBR 

includes the most recent revisions to 

IDAPA 58.01.01.107 incorporating 

Federal regulations updated as of July 1, 

2008. 

The 2007 Annual IBR was subject to 

a public hearing on September 6, 2007, 

adopted by the Board of Environmental 

Quality on October 10, 2007, and 

became effective on April 2, 2008. The 

revisions to IDAPA 58.01.01.200, 204 

and 205 with the effective date of April 

2, 2008 are proposed for incorporation 

into the SIP. The 2008 Annual IBR was 

subject to a public hearing on 

September 9, 2008, adopted by the 

Board of Environmental Quality on 

October 9, 2008, and became effective 

on May 8, 2009. The revisions to IDAPA 

58.01.01.107 with an effective date of 

May 8, 2009 are proposed to be 

approved into the SIP with the 

exception of subsections 107.03 (g) 

through (n) and (p) which are not 

related to the criteria pollutants 

regulated under title I of the Act or the 

requirements for SIPs under section 110 

of the Act (see prior discussion in 67 FR 

52666). Similarly, the revisions to 

IDAPA 58.01.01.008 are not being acted 

on since they are related to Idaho’s 

Tier I Operating Permit Program 

required under title V of the Act and are 

not part of the SIP. 

B. New Source Review (NSR) 

Regulations 

Parts C and D of title I of the CAA, 

42 U.S.C. 7470–7515, set forth 

preconstruction review and permitting 

programs applicable to new and 

modified stationary sources of air 

pollutants regulated under the CAA, 

known as ‘‘major New Source Review’’ 

or ‘‘major NSR.’’ The major NSR 

programs of the CAA include a 

combination of air quality planning and 

air pollution control technology 

program requirements. States adopt 

major NSR programs as part of their SIP. 

Part C is the ‘‘Prevention of Significant 

Deterioration’’ or ‘‘PSD’’ program, which 

applies in areas that meet the NAAQS 

(i.e., ‘‘attainment’’ areas) as well as in 

areas for which there is insufficient 

information to determine whether the 

area meets the NAAQS (i.e., 

‘‘unclassifiable’’ areas). Part D is the 

‘‘Nonattainment New Source Review’’ or 

the ‘‘NNSR’’ program, which applies in 

areas that are not in attainment of the 

NAAQS (i.e., ‘‘nonattainment areas’’). 

EPA regulations implementing these 

programs are contained in 40 CFR 

51.165, 51.166, 52.21, 52.24, and part 

51, appendix S. 

On December 31, 2002, EPA 

published final rule changes to the PSD 

and NNSR programs (67 FR 80186) and 

on November 7, 2003, EPA published a 


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1 IDEQ annually submits updates to its IBR of 

Federal rules. Subsequent to the July 13, 2005 SIP 

revisions, annual IBR updates have occurred as 

outlined in section III.A, making Idaho’s rules 

consistent with the changes that have occurred in 

the Federal rules though July 2007. 

2The July 13, 2006 submittal also incorporated by 

reference 40 CFR 165(c) regarding Clean Unit Test 

for Emission Units that are Subject to LAER (Lowest 

Achievable Emissions Rate), 40 CFR 165(d) 

regarding Clean Unit Provisions for Emission Units 

that Achieve an Emission Limitation Comparable to 

LAER and 40 CFR 52.21(z)(1)–(3) and (5) regarding 

PCP Exclusion Procedural Requirements. However, 

on July 24, 2006, IDEQ amended the July 13, 2005 

SIP revision requesting that EPA not act on the 

clean unit and PCP provisions since these 

provisions were being removed from the State rule 

consistent with the vacature of these provisions 

from the Federal rule. 

3Note this IBR citation was incorrectly cited in 

the SIP revision submitted to EPA on July 13, 2005, 

and IDEQ has confirmed that that reference was 

intended to incorporate by reference 40 CFR 

51.165(a)(2)(ii)(A) through 51.165(a)(3)(ii)(J). 

Section 51.165(a)(2)(ii) includes sub-paragraphs (A) 

through (F) and state plans must also include the 

provisions in 165(a)(3)(i) and (ii) (A) through (J). On 

September 15, 2008, IDEQ submitted a letter to EPA 

stating that the reference in IDAPA 58.01.01.204 to 

40 CFR 51.165(a)(2)(ii)(A)–(J) in IDEQ’s original 

submittal was in error and had been 

administratively corrected to incorporate by 

reference 40 CFR 51.165(a)(2)(ii) through 

51.165(a)(3). 

4 IDEQ annually submits updates to its IBR of 

Federal rules. Subsequent to the July 13, 2005 SIP 

revisions, annual IBR updates have occurred as 

outlined in section III.A above making Idaho’s rules 

consistent with the changes that have occurred in 

the Federal rules through July 2007. 

5The July 13, 2006 submittal also incorporated by 

reference 40 CFR 52.21(x) Clean Unit Test for 

Emissions Units that are Subject to Best Available 

Control Technology (BACT) or LAER, 40 CFR 

52.21(y) Clean Unit Provisions for Emissions Units 

that Achieve an Emission Limitation Comparable to 

BACT and 40 CFR 52.21(z)(1)–(3) and (6) PCP 

Exclusion Procedural Requirements. However, on 

July 24, 2006 IDEQ amended the July 13, 2005 SIP 

revision by requesting that EPA not act on the clean 

unit and PCP provisions since these provisions 

were being removed from the State rule consistent 

with the vacature of these provisions from the 

Federal rule. 

notice of final action on the 

reconsideration of the December 31, 

2002 final rule changes (68 FR 63021). 

In the November 7, 2003 final action, 

EPA added the definition of 

‘‘replacement unit,’’ and clarified an 

issue regarding plantwide applicability 

limitations (PALs). The December 31, 

2002 and the November 7, 2003 final 

actions, are collectively referred to as 

the ‘‘2002 NSR Reform Rules.’’ 

The 2002 NSR Reform Rules made 

changes to five areas of the major NSR 

programs. In summary, the 2002 Rules: 

(1) Provide a new method for 

determining baseline actual emissions; 

(2) adopt an actual-to-projected-actual 

methodology for determining whether a 

major modification has occurred; (3) 

allow major stationary sources to 

comply with PALs to avoid having a 

significant emissions increase that 

triggers the requirements of the major 

NSR program; (4) provide a new 

applicability provision for emissions 

units that are designated clean units; 

and (5) exclude pollution control 

projects (PCPs) from the definition of 

‘‘physical change or change in the 

method of operation.’’ 

After the 2002 NSR Reform Rules 

were finalized and effective (March 3, 

2003), various petitioners challenged 

numerous aspects of the 2002 NSR 

Reform Rules, along with portions of 

EPA’s 1980 NSR Rules (45 FR 5276, 

August 7, 1980). On June 24, 2005, the 

DC Circuit Court issued a decision on 

the challenges to the 2002 NSR Reform 

Rules. See New York v. United States, 

413 F.3d 3 (DC Cir. 2005). In summary, 

the DC Circuit Court vacated portions of 

the 2002 NSR Reform Rules pertaining 

to clean units and PCPs, remanded a 

portion of the rules regarding 

recordkeeping (40 CFR 52.21(r)(6) and 

40 CFR 51.166(r)(6)), and either upheld 

or did not comment on the other 

provisions included as part of the 2002 

NSR Reform Rules. On June 13, 2007 (72 

FR 32526), EPA took final action to 

revise the 2002 NSR Reform Rules to 

remove from Federal law all provisions 

pertaining to clean units and the PCP 

exemption that were vacated by the DC 

Circuit Court. 

With regard to the remanded portions 

of the 2002 NSR Reform Rules related to 

recordkeeping, on December 21, 2007, 

EPA took final action to establish that a 

‘‘reasonable possibility’’ applies where 

source emissions equal or exceed 50 

percent of the CAA NSR significance 

levels for any pollutant (72 FR 72607). 

The ‘‘reasonable possibility’’ provision 

identifies for sources and reviewing 

authorities the circumstances under 

which a major stationary source 

undergoing a modification that does not 

trigger major NSR must keep records. 

The 2002 NSR Reform Rules require 

that State agencies adopt and submit 

revisions to their SIP permitting 

programs implementing the minimum 

program elements of the 2002 NSR 

Reform Rules no later than January 2, 

2006. On July 13, 2005, IDEQ submitted 

revisions to its NSR rules to incorporate 

EPA’s NSR reform provisions. 

Specifically, IDAPA 58.01.01.006, 200, 

202, 204, 205, 206, 209, 225 and 401 

were revised to incorporate EPA’s major 

NSR reform measures into the existing 

rules. The revisions were subject to a 

public hearing on June 8, 2004, adopted 

by the Board of Environmental Quality 

on October 20, 2004, and became 

effective in Idaho on April 6, 2005. 

Idaho developed these latest revisions 

by comparing the Federal major NSR 

regulations in 40 CFR parts 51 and 52 

to the existing State rules. The primary 

sections revised include IDAPA 

58.01.01.204 and 205. Rather than 

delineate the entire Federal major NSR 

rules, Idaho chose to incorporate by 

reference the appropriate NSR reform 

portions of the Federal program 

requirements maintaining the remainder 

of its previously approved NSR rules 

not affected by the NSR reform. As 

noted in section III.A above, IDEQ 

submits an annual update to its rules 

that IBR Federal regulations, thus 

keeping the State’s rules up to date with 

changes in the Federal rules. 

For a discussion of our approval of 

IDEQ’s NSR rules not changed by 

IDEQ’s NSR Reform SIP revision, see 

EPA’s January 16, 2003 approval of 

IDEQ’s NSR rules (68 FR 2217). A 

discussion of IDEQ’s July 13, 2005 SIP 

revisions to IDAPA 58.01.01.006, 200, 

202, 204, 205, 206, 209, 225 to meet the 

specific requirements of NSR reform 

measures follows. IDAPA 58.01.01.006 

General Definitions, was revised to 

remove definitions for Major Facility 

and Major Modification from the 

General Definitions and IDAPA 

58.01.01.200 Procedures and 

Requirements for Permits to Construct, 

was revised to specify that a Major 

Facility is a Major Stationary Source as 

defined in 40 CFR 52.21(b) and a Major 

Modification is a Major Modification as 

defined in 40 CFR 52.21(b). IDAPA 

58.01.01.202 Application Procedures, 

was revised to remove the exceptions 

for Major Facilities and Major 

Modifications consistent with the 

definitional changes in 58.01.01.200. 

IDAPA 58.01.01.204 Permit 

Requirements for New Major Facilities 

or Major Modifications in 

Nonattainment Areas, was revised to 

expressly state the intent of the rule is 

to incorporate the Federal 

nonattainment NSR rule requirements 

and includes a table of the sections of 

40 CFR 51.165 and 52.21, as revised 

through November 7, 2003 1 that are 

incorporated by reference including 2: 

40 CFR 51.165(a)(1) regarding 

definitions; 40 CFR 51.165(a)(2)(ii) 

through 51.165(a)(3) regarding 

applicability 3; 40 CFR 51.165(a)(6)(i)– 

(iv) regarding applicability; and 40 CFR 

52.21(aa) regarding Actual PALs, which 

meets the provisions of 51.165(f). 

IDAPA 58.01.01.205 Permit 

Requirements for New Major Facilities 

or Major Modifications in Attainment or 

Unclassifiable Areas, was revised to 

expressly state that the intent of the rule 

is to incorporate the Federal PSD rule 

requirements and includes a table of the 

sections of 40 CFR 52.21, as revised 

through November 7, 2003 4 that are 

incorporated by reference including 5: 


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6NSR permits are referred to as ‘‘permits to 

construct’’ or ‘‘PTC’’s in Idaho. 

40 CFR 52.21(a)(2) Applicability 

Procedures; 40 CFR 52.21(b) Definitions; 

40 CFR 52.21(i) Exemptions; 40 CFR 

52.21(j) Control Technology Review; 40 

CFR 52.21(k) Source Impact Analysis; 

40 CFR 52.21(r) Source Obligation; 40 

CFR 52.21(v) Innovative Control 

Technology; 40 CFR 52.21(w) Permit 

Rescission; and 40 CFR 52.21(aa) 

Actuals PALs. IDAPA 58.01.01.205.02 

specifies, where appropriate, those 

section of incorporated 40 CFR 52.21 

where the use of the word 

‘‘Administrator’’ means the 

‘‘Department’’ and IDAPA 

58.01.01.205.03 specifies existing 

requirements for non-major sources that 

are exempted or excluded from 40 CFR 

52.21. IDAPA 58.01.01.206 Optional 

Offsets for Permits to Construct, was 

revised to change cross-references to 

subsections for consistency with the 

above changes. IDAPA 58.01.01.209 

Procedures for Issuing Permits, was 

revised to remove the exceptions for 

Major Facilities and Major 

Modifications consistent with the 

definitional changes in IDAPA 

58.01.01.200. IDAPA 58.01.01.225 

Permit to Construct Processing Fee, was 

revised for consistency with definitional 

changes in IDAPA 58.01.01.205. And 

IDAPA 58.01.01.401 Tier II Operating 

Permit, was revised for consistency with 

changes to IDAPA 58.01.01.204. 

Idaho’s major NSR SIP submission 

meets the EPA NSR reform requirements 

for SIP-approved NSR programs in 40 

CFR 51.165 and 166 and 40 CFR 52.21. 

The revised rules address baseline 

actual emissions, actual-to-projected 

actual applicability tests, PALs, and 

other currently applicable provisions of 

EPA’s 2002 NSR Reform Rules. In fact, 

the majority of the Federal NSR Reform 

provisions in 40 CFR 51.165 and 52.21 

are incorporated by reference directly 

into Idaho regulations and, as noted in 

section III.A above, IDEQ annually 

updates its IBR of Federal rules to keep 

the State’s rules consistent with changes 

to the Federal NSR rules and the most 

recent IBR update revision includes 

citations to Federal NSR regulations 

revised as of July 1, 2007 with a State 

effective date of April 2, 2008. 

C. Permit To Construct Exemptions 

EPA last approved revisions to 

Idaho’s Permit to Construct 6

Exemptions on January 16, 2003 (68 FR 

2217) and we provided a detailed 

discussion of our analysis in the August 

13, 2002 Proposed Rule (67 FR 52666). 

In brief, when we approved IDEQ’s 

minor NSR exemption provisions in 

IDAPA 58.01.01.220 through 222, we 

noted that we based our approval on our 

determination that the emission levels 

and source categories specified in the 

rules are appropriately exempted from 

minor NSR. While IDAPA 

58.01.01.220.01.a.iii included additional 

provisions that required modeling the 

impact of a source’s uncontrolled 

potential to emit to be exempt from 

minor NSR permitting in Idaho, we 

specifically noted that our approval was 

not based on the requirement for 

modeling since such modeling is part of 

the permitting process itself and, 

therefore, not typically included as 

criteria a source must meet to qualify for 

an exemption from the permitting 

process. Our August 13, 2002 Proposed 

Rule (67 FR 52666) and January 16, 

2003 Final Rule (68 FR 2217) also noted 

that the ‘‘director’s discretion’’ 

provisions in IDAPA 58.01.01.222.03 

and 222.01.f do not meet the 

requirements of section 110 of the CAA 

and, therefore, we did not approve these 

provision into the SIP. 

In response to our actions in the prior 

rulemaking (67 FR 52666 and 68 FR 

2217) discussed above, IDEQ removed 

the modeling requirements from IDAPA 

58.01.01.220 and the ‘‘director’s 

discretion’’ provisions from IDAPA 

58.01.01.222 and submitted two 

separate SIP revisions to its Permit to 

Construct Exemption Rules IDAPA 

58.01.01.220 and 222 for approval into 

the SIP on July 13, 2005 and May 5, 

2006. The July 13, 2005 revisions were 

subject to a public hearing on October 

4, 2004, adopted by the Board of 

Environmental Quality on November 18, 

2004, and became effective on April 6, 

2005. The May 5, 2006 revisions were 

subject to a public hearing on October 

11, 2005, adopted by the Board of 

Environmental Quality on November 17, 

2005, and became effective on April 11, 

2006. 

The July 13, 2005 and May 5, 2006 

SIP submittals revised IDAPA 

58.01.01.220 to strike-out the modeling 

provisions included in IDAPA 

58.01.01.220.01.a.iii and revised 

58.01.01.222 to strike out the ‘‘director’s 

discretion’’ provisions in IDAPA 

58.01.01.222.01.f and 222.03. IDEQ’s 

May 5, 2006 SIP also revised 

58.01.01.222.1.d to change the criteria 

for internal combustion engines 

operating for emergency purposes from 

operating for less than 200 hours to 

operating less than 500 hours and 

revised IDAPA 58.01.01.222.2.c to add 

biogas as an allowable fuel for fuelburning equipment with capacity less 

than 50 million BTU per hour used for 

indirect heating and heating or 

reheating furnaces, providing that the 

hydrogen sulfide concentration is below 

200 parts per million by volume. In 

addition, three new paragraphs were 

added to exempt additional sources. 

IDAPA 58.01.01.222.2.i exempts 

multiple chamber crematories providing 

they use natural gas exclusively, have a 

maximum average charge capacity of 

200 pounds of remains per hour and 

minimum secondary combustion 

chamber temperature of 1500 degrees 

Fahrenheit; IDAPA 58.01.01.222.2.j 

exempts petroleum environmental 

remediation source by vapor extraction 

providing the operation life is less than 

five years and the short term adjustment 

factor for air toxics (IDAPA 

58.01.01.210.15) is not used if source is 

within 500 feet of a sensitive receptor; 

and IDAPA 58.01.01.222.2.k exempts 

dry cleaning facilities providing they are 

not major under, but are subject to, 40 

CFR part 63 subpart M. 

IDEQ’s July 13, 2005 and May 5, 2006 

rule revisions address the ‘‘directors 

discretion’’ and modeling issues 

previously raised by EPA (67 FR 52666, 

68 FR 2217) and are proposed to be 

approved into the SIP. IDEQ’s May 5, 

2006 revisions expanding the Permit to 

Construct Exemptions for certain 

sources are also proposed to be 

approved into the SIP. 

It is important to note that in order for 

any source to qualify for a sourcecategory exemption under IDAPA 

58.01.01.222, it must first satisfy the 

criteria set forth in IDAPA 58.01.01.220 

which includes the general exemption 

criteria for permits to construct, further 

limiting the scope of IDEQ’s sourcecategory exemptions. IDAPA 

58.01.01.220.01.a requires that the 

maximum capacity of a source to emit 

an air pollutant under its physical and 

operational design without 

consideration of limitations on emission 

such as air pollution control equipment, 

restrictions on hours of operation and 

restrictions on the type and amount of 

material combusted, stored or processed 

would not equal or exceed one hundred 

(100) tons per year of any regulated air 

pollutant and would not cause an 

increase in the emissions of a major 

facility that equals or exceeds the 

significant emissions rates. In addition, 

IDEQ retains the legal authority 

pursuant to IDAPA 58.01.01.401.03 to 

require a source to obtain an air quality 

permit to ensure compliance with 

applicable rules, including the NAAQS. 

D. Permitting Fees 

On May 22, 2003 IDEQ, submitted 

revisions to IDAPA 58.01.01.224 

through 228, 407 through 410, 470 and 

800 through 802 revising its regulations 

pertaining to permit fees associated with 


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IDEQ’s Permit to Construct and Tier I 

and II Operating Permits programs. The 

revisions were subject to a public 

hearing on October 9, 2001, adopted by 

the Board of Environmental Quality on 

November 8, 2001, and became effective 

on July 1, 2002. While IDEQ submitted 

the permit fee rules to EPA, it 

specifically noted the revisions that 

establish or revise permitting fees were 

only included in the SIP submittal for 

informational purposes and that IDEQ 

did not intend that EPA include the fee 

related rules into the SIP. We are 

proposing to take no action on IDAPA 

58.01.01.224–228, 408–410 and 800–802 

which deal with the collection of 

various fees associated with IDEQ’s 

Permit to Construct and Tier I and II 

Operating Permits. The Tier I permits 

are not related to the criteria pollutants 

regulated under title I of the CAA or to 

the requirements for SIPs under section 

110 of the Act. While the fee provisions 

associated with Permits to Construct 

and Tier II permits are related to criteria 

pollutant programs under title I of the 

Act, IDEQ has requested that these 

provisions not be included in the SIP 

because of the frequency of revisions to 

the fee rules. 

IDEQ’s May 22, 2003 SIP submittal 

included minor editorial changes 

IDAPA 58.01.01.006, 007, 200–202, 209, 

400–402 and 404, that were made 

concurrent with the revisions to the fee 

rules. We reviewed the editorial changes 

to IDAPA 58.01.01.006, 007, 200–202, 

209, 400–402 and 404 and found them 

to be appropriate and we propose to 

approve them into the SIP to update the 

SIP which includes previously 

approved versions of these rules. In 

addition, the revision to IDAPA 

58.01.01.470 strikes the existing fee 

language making IDAPA 58.01.01.470 a 

reserved paragraph and we propose to 

approve this change in the SIP. 

E. Soil Vapor Extraction 

On May 22, 2003 IDEQ submitted 

revisions to IDAPA 58.01.01.210 to add 

paragraph 16.c, which allows IDEQ to 

waive the requirements of IDAPA 

58.01.01.513 for any environmental 

remediation source that functions to 

remediate or recover any release, spill, 

leak, discharge or disposal of any 

petroleum product. The revisions were 

subject to a public hearing on February 

6, 2001, adopted by the Board of 

Environmental Quality on October 18, 

2001, and became effective on March 

15, 2002. This portion of the May 22, 

2003 SIP submittal deals with IDEQ’s air 

toxic regulations and is not currently in 

the Idaho SIP. Because this regulation 

does not relate to the criteria pollutants 

regulated under title I of the CAA or to 

the requirements for SIPs under section 

110 of the Act, EPA is proposing to take 

no action on this provision. 

F. Hospital/Medical/Infectious Waste 

Incinerators 

On May 22, 2003 IDEQ submitted 

revisions to IDAPA 58.01.01.861, 

Standards of Performance of Hospital/ 

Medical/Infectious Waste Incinerators, 

to clarify that owners or operators of 

hospital/medical/infectious waste 

incinerators subject to IDAPA 

58.01.01.861 must comply with the 

provisions of section 39–128. The 

revisions were subject to a public 

hearing on August 8, 2001, adopted by 

the Board of Environmental Quality on 

October 18, 2001, and became effective 

on March 15, 2002. Although this 

portion of the May 22, 2003 SIP 

submittal rule is an important part of 

IDEQ’s overall air program, IDAPA 

58.01.01.861 is not currently in the 

Idaho SIP and is not related to 

requirements for SIPs under section 110 

of the Act. Therefore, EPA is not taking 

any action on these provisions. 

G. Permit Clarifications 

On May 22, 2003 IDEQ submitted its 

Permit Clarification SIP submittal 

including revisions to IDAPA 

58.01.01.209, 213, 228, 313, 317, 395, 

410, 511, 581, 700, and 710–724 to 

update and clarify the rules. The 

revisions were subject to a public 

hearing on October 8, 2002, adopted by 

the Board of Environmental Quality on 

November 13, 2002, and became 

effective on May 3, 2003. The revisions 

to IDAPA 58.01.01.209.01.c, 700.01 and 

710–724 reversed earlier revisions IDEQ 

made to these particulate matter process 

weight limitations in response to EPA’s 

determination that the earlier revisions 

were less stringent than those currently 

in the SIP. In effect, the revisions to 

IDAPA 58.01.01.209.01.c, 701.01 and 

710–724 change the regulatory language 

in these rules back to reflect the existing 

language in the SIP approved rules. To 

maintain consistency between the 

federally approved rules and State rules, 

specifically regarding the State rule 

effective dates, IDAPA 58.01.01.700 

with a State effective date of May 3, 

2003 is proposed to be approved into 

the SIP. The revisions to IDAPA 

58.01.01.313 and 317 revise the Tier I 

operating permit rules and the revisions 

to IDAPA 58.01.01.228, 395 and 410 

revise the timeframes, from 30 to 35 

days, for appealing fees associated with 

Permits to Construct and Tier I and II 

Operating Permits. We are proposing to 

take no action on IDAPA 58.01.01.313, 

317, 228, 395, and 410 as these rules 

deal with IDEQ’s Tier I operating permit 

program and the collection of various 

fees associated with IDEQ’s Permit to 

Construct and Tier I and II Operating 

Permits. As noted in III.D above, the 

Tier I permits are not related to the 

criteria pollutants regulated under title 

I of the CAA or to the requirements for 

SIPs under section 110 of the Act and, 

while the fee provisions associated with 

Permits to Construct and Tier II permits 

are related to criteria pollutant programs 

under title I of the Act, IDEQ has 

requested that these fee provisions not 

be included in the SIP because of the 

frequency of revisions to the fee rules. 

IDEQ’s May 22, 2003 Permit 

Clarification SIP submittal also included 

editorial revisions to IDAPA 

58.01.01.213 and 511 and 581 for 

clarification and to correct crossreferencing section numbers. We 

reviewed the editorial changes to 

IDAPA 58.01.01.213 and 511 and 581, 

found them to be appropriate and 

propose to approve these revisions with 

the State effective date of May 3, 2003 

into the SIP, thereby updating the SIP to 

reflect the revised State rules. 

H. Title V Operating Permit Fees 

On May 22, 2003, IDEQ submitted its 

title V Operating Permit Fees SIP 

including revisions to IDAPA 

58.01.01.387–399. The revisions were 

subject to a public hearing on October 

8, 2002, adopted by the Board of 

Environmental Quality on November 13, 

2002, and became effective on April 2, 

2003. In its submittal IDEQ clarified that 

it was submitting these rule revisions to 

EPA for informational purposes only 

and it did not intend to have the 

title V Operating Permit Fee rules 

incorporated into the SIP. We are 

proposing to take no action on IDAPA 

58.01.01.387–399 as these rules deal 

with IDEQ’s Tier I operating permit 

program and the collection of various 

fees associated with IDEQ’s Tier I 

Operating Permits. The IDEQ’s Tier I 

permit program is the operating permit 

program required under title V of the 

Act and is not part of the criteria 

pollutants regulated under title I of the 

CAA or the requirements for SIPs under 

section 110 of the Act. 

I. Regulated Air Pollutants 

On May 5, 2006 IDEQ submitted 

revisions to IDAPA 58.01.01.006–008, 

133–135, 155, 213, 220, 440–442, 460, 

511–513, 560–561, 575, 581, and 679 to 

incorporate a new definition for 

‘‘regulated air pollutant’’ to be consistent 

with Federal requirements with respect 

to the treatment of fugitive emissions in 

determining applicability for operating 

permits and permits to construct. The 

revisions were subject to a public 


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hearing on September 7, 2005, adopted 

by the Board of Environmental Quality 

on November 17, 2005, and became 

effective on April 11, 2006. A separate 

public hearing was held on December 5, 

2005, regarding changes to Idaho Code 

39–115 that were part of the SIP 

revision containing the regulatory 

changes to IDAPA 58.01.01. The specific 

regulatory changes that EPA is 

proposing to approve into the SIP are 

discussed below. 

IDAPA 58.01.01.006 was revised to 

modify the definition of ‘‘regulated air 

pollutant’’ to be consistent with Federal 

rules and to modify the definition of 

‘‘modification’’ by adding language 

stating that ‘‘fugitive emissions shall not 

be considered in determining whether a 

permit is required for a modification 

unless required by federal law.’’ The 

revisions make the treatment of fugitive 

emissions in determining major source 

and major modification thresholds 

consistent with Federal major NSR 

rules. On December 19, 2008, EPA 

promulgated its final rulemaking 

regarding its reconsideration of the 

inclusion of fugitive emissions in the 

NSR program (73 FR 77882). In this 

rulemaking, EPA made the treatment of 

fugitive emissions for determining major 

modifications consistent with the 

treatment of fugitive emissions for 

determining major source thresholds. In 

brief, this rulemaking requires that 

fugitive emissions be included in 

determining whether a physical change 

or change in operation results in a major 

modification only for sources in source 

categories designated through 

rulemaking pursuant to section 302(j) of 

the Act (i.e., ‘‘listed sources’’). The 

change to the treatment of fugitive 

emissions became effective in the 

Federal NSR program on January 20, 

2009 and became effective in the 

Federal PSD program on February 17, 

2009. However, on February 17, 2009, 

EPA received a petition from the 

Natural Resources Defense Council to 

reconsider and stay the December 19, 

2008, final fugitive emissions final rule. 

EPA granted the petition on April 24, 

2009 and published a Federal Register 

notice on September 30, 2009 

establishing a three-month 

administrative stay of the rule (74 FR 

50115). Because IDEQ’s program now 

treats fugitive emissions in the same 

manner as ‘‘required by federal law,’’ 

these changes are also effective in the 

IDEQ major NSR. 

It is important to note that in its final 

rulemaking on the reconsideration of 

fugitive emissions (73 FR 77882), EPA 

noted that a state has considerable 

latitude to customize its minor NSR 

program regarding the treatment of 

fugitive emissions and that state 

authorities should explicitly indicate 

how fugitive emissions are to be 

accounted for in all aspects of the state’s 

minor NSR (see page 77890). The 

definition of ‘‘major modification’’ used 

in IDEQ’s major NSR rules is distinctly 

different from the revised definition for 

modification in IDAPA 58.01.01.006 

which applies to IDEQ’s ‘‘minor’’ NSR 

rules. The statement in IDEQ’s 

definition of ‘‘regulated air pollutant’’ 

that ‘‘fugitive emissions shall not be 

considered in determining whether a 

permit is required for a modification 

unless required by federal law’’ therefore 

created a potential lack of clarity 

regarding the treatment of fugitive 

emissions in Idaho’s minor source 

program. EPA therefore requested that 

IDEQ clarify this issue. On September 

25, 2009 IDEQ, submitted additional 

information to EPA explicitly stating 

that fugitive emissions in IDEQ’s minor 

source program are treated the same 

way they are in its major NSR program, 

i.e., fugitive emissions at minor sources 

of listed source categories are included 

in determining the source’s potential to 

emit and whether there is a 

modification. In light of IDEQ’s 

clarification regarding the treatment of 

fugitive emissions in its minor NSR 

program, EPA proposes to approve the 

revisions to IDAPA 58.01.01.006 with 

the exception of subsection (b) of the 

definition of ‘‘modification’’ (codified as 

IDAPA 58.01.01.006.55.b in this 

submission, and subsequently 

renumbered). This subparagraph (b) in 

the definition of ‘‘modification pertains 

to the ‘‘state only’’ toxics air pollutant 

program and is not related to the criteria 

pollutants regulated under title I of the 

CAA or to the requirements for SIPs 

under section 110 of the Act. Therefore, 

EPA is not taking any action on this 

subparagraph. 

The May 5, 2006 SIP included 

additional editorial revisions to IDAPA 

58.01.01.006, 007, 133, 134, 135, 155, 

213, 220, 460, 511, 512, 513, 560, 561, 

575, 581, and 679 to make those 

sections consistent with the definitional 

changes to ‘‘modification’’ and 

‘‘regulated air pollutant.’’ EPA reviewed 

these changes and proposes to approve 

them. Similar editorial changes were 

also made to sections IDAPA 

58.01.01.008, 440 and 441; however, 

EPA is taking no action on IDAPA 

58.01.01.008, 440 and 441. The rationale 

is provided in detail in our previous 

action on Idaho’s SIP (67 FR 52666). 

J. Procedure for Transfer of Permits To 

Construct and Tier II Operating Permits 

On May 5, 2006 IDEQ submitted 

revisions to IDAPA 58.01.01.006, 007, 

209 and 404 modifying definitions for 

its major and minor source air quality 

permitting programs and submitted two 

new rule subsections allowing for the 

transfer of permits to construct and Tier 

II operating permits. The revisions were 

subject to a public hearing on 

September 7, 2005, adopted by the 

Board of Environmental Quality on 

October 12, 2005, and became effective 

on April 11, 2006. The specific 

regulatory changes that EPA is 

proposing to approve into the SIP are 

discussed below. 

The revisions to IDAPA 58.01.01.006 

change the definition of ‘‘modification’’ 

to refer to an ‘‘emissions increase’’ as 

defined in IDAPA 58.01.01.007. The 

revisions to IDAPA 58.01.01.007 

include new definitions for ‘‘baseline 

actual emissions,’’ ‘‘begin actual 

construction,’’ ‘‘emissions increase,’’ and 

‘‘projected actual emissions,’’ as well as 

editorial revisions to other definitions to 

maintain consistency with the new 

definitions. The revisions to IDAPA 

58.01.01.209 add a new section IDAPA 

58.01.01.209.06 titled, Transfer of 

Permits to Construct, which includes 

the requirements for transferring a 

permit to construct to a new owner or 

operator of the source. Similarly, the 

revisions to IDAPA 58.01.01.404 add a 

new section IDAPA 58.01.01.404.05 

titled, Transfer of Tier II Permits, which 

includes the requirements for 

transferring a Tier II permit to a new 

owner or operator of the source. The 

definition revisions in IDAPA 

58.01.01.006 and 007 are consistent 

with and, in many instances, identical 

to the definitions in 40 CFR 52.21(b) 

(definitions for Federal PSD program) 

and we are proposing to approve these 

revisions into Idaho’s SIP. The new 

procedures for the transfer of permits in 

IDAPA 58.01.01.209.6 and 

58.01.01.404.5 clarify existing practices 

and we propose to approve these 

revisions into the SIP as well. 

K. Mercury 

On April 16, 2007, IDEQ submitted a 

new section IDAPA 58.01.01.199 

requiring that no owner or operator 

shall construct or operate an electric 

generating unit, as defined in 40 CFR 

60.24, with a potential to emit mercury 

emissions. The rule was subject to a 

public hearing on November 3, 2006, 

adopted by the Board of Environmental 

Quality on November 16, 2006, and 

became effective on March 30, 2007. 

While this rule is an important part of 

IDEQ’s air program, IDAPA 58.01.01.199 

is not related to the criteria pollutants 

regulated under title I of the CAA or to 

the requirements for SIPs under section 


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110 of the Act and, therefore, EPA is not 

taking any action on this provision. 

L. Sulfur Content of Fuels 

On June 8, 2009 IDEQ submitted 

revisions to IDAPA 58.01.01.725 thru 

729 reorganizing and clarifying the 

existing rules for the sulfur content of 

fuels. The revisions were subject to a 

public hearing on June 10, 2008, 

adopted by the Board of Environmental 

Quality on October 9, 2008, and became 

effective on May 8, 2009. IDAPA 

58.01.01.725 thru 729 were combined 

into a single section 58.01.01.725 Rules 

for the Sulfur Content of Fuels. Section 

726 was revised to become paragraph 

725.01 while retaining all of the relevant 

definitions specific to sections 725 thru 

729. Sections 727, 728 and 729 were 

revised to become paragraphs 725.02. 

725.03, and 725.04, while retaining all 

of the relevant provisions for residual 

fuel oils, distillate fuel oils and coal, 

respectively. The revisions simplify the 

existing regulations and we propose to 

approve these revisions into the SIP. 

IV. EPA’s Proposed Action 

Consistent with the discussion above, 

EPA proposes to approve most of the 

submitted SIP provisions and to take no 

action on certain other provisions, as 

discussed below. This action will result 

in proposed changes to the Idaho SIP in 

40 CFR part 52, subpart N. 

A. Rules To Approve Into SIP 

EPA proposes to approve into the SIP 

at 40 CFR part 52, subpart N, the Idaho 

regulations listed in Table 2. It is 

important to note that in those instances 

where IDEQ submitted multiple 

revisions to a single section of IDAPA 

58.01.01, the most recent version of that 

section (based on state effective date) is 

proposed to be incorporated into the SIP 

since it supersedes all previous 

revisions. 

TABLE 2—IDAHO REGULATIONS FOR PROPOSED APPROVAL

State citation Title/subject State 

effective date Explanation 

58.01.01—Rules for the Control of Air Pollution in Idaho 

006 .................... General Definitions .................................................................................. 4/11/2006 Except Section 006.66(b) (re: state 

air toxics in definition of ‘‘modification’’). 

007 .................... Definitions for the Purposes of Sections 200 through 225 and 400 

through 461.

4/11/2006 

107 .................... Incorporations by Reference ................................................................... 5/8/2009 Except Section 107.03(g) through 

(n) and (p). 

200 .................... Procedures and Requirements for Permits to Construct ........................ 4/2/2008 

133 .................... Start-up, Shutdown and Scheduled Maintenance Requirements ........... 4/11/2006 

134 .................... Upset, Breakdown and Safety Requirements ......................................... 4/11/2006 

135 .................... Excess Emission Reports ........................................................................ 4/11/2006

155 .................... Circumvention .......................................................................................... 4/11/2006 

201 .................... Permit to Construct Required .................................................................. 7/1/2002 

202 .................... Application Procedures ............................................................................ 4/6/2005 

204 .................... Permit Requirements for New Major Facilities or Major Modifications in 

Nonattainment Areas.

4/2/2008 

205 .................... Permit Requirements for New Major Facilities or Major Modifications in 

Attainment or Unclassifiable Areas.

4/2/2008 

206 .................... Optional Offsets for Permits to Construct ............................................... 4/6/2005 

209 .................... Procedures for Issuing Permits ............................................................... 4/11/2006 

213 .................... Pre-Permit Construction .......................................................................... 4/11/2006 

220 .................... General Exemption Criteria for Permit to Construct Exemptions ........... 4/11/2006 

222 .................... Category II Exemptions ........................................................................... 4/11/2006 

400 .................... Procedures and Requirements for Tier II Operating Permits ................. 7/1/2002 

401 .................... Tier II Operating Permit ........................................................................... 4/6/2005 Except 401.01.a (bubbles) and 

401.04 (compliance date extension). 

402 .................... Application Procedures ............................................................................ 7/1/2002 

404 .................... Procedure for Issuing Permits ................................................................. 4/11/2006 

460 .................... Requirements for Emission Reduction Credits ....................................... 4/11/2006 

511 .................... Applicability .............................................................................................. 4/11/2006 

512 .................... Definitions ................................................................................................ 4/11/2006 

513 .................... Requirements .......................................................................................... 4/11/2006 

560 .................... Notification to Sources ............................................................................ 4/11/2006 

561 .................... General Rules .......................................................................................... 4/11/2006 

575 .................... Air Quality Standards and Area Classification ........................................ 4/11/2006 

581 .................... Prevention of Significant Deterioration (PSD) Increments ...................... 4/11/2006 

679 .................... Averaging Period ..................................................................................... 4/11/2006 

700 .................... Particulate Matter Process Weight Limitations ....................................... 5/3/2003 More recent state rule effective 

date. 

725 .................... Rules for Sulfur Content of Fuels ............................................................ 5/8/2009 

B. Rules on Which No Action Is Taken 

58.01.01.008, Definitions for Purposes of 

Section 300 through 386 

58.01.01.199, Electric Generating Unit 

Construction Prohibition 

58.01.01.210, Demonstration of 

Preconstruction Compliance with Toxic 

Standards 

58.01.01.225, Permit to Construct Processing 

Fee 

58.01.01.228, Appeals 

58.01.01.313, 317, 387–399, 395, Procedures 

and Requirements for Tier I Operating 

Permits 

58.01.01.410, Appeals 


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7 ‘‘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 

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. 

58.01.01.175–181, Procedures and 

Requirements for Permits Establishing a 

Facility Emissions Cap 

58.01.01.861, Standards of Performance of 

Hospital/Medical/Infectious Waste 

Incinerators 

C. 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. 1151.7 Therefore, 

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 PSD 

program, 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, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 3, 2010. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2010–5965 Filed 3–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260, 261, 262, 263, 264, 

265, 266, 268, and 270 

[EPA–RCRA–2008–0678; FRL–9127–8] 

RIN 2050–AG52 

Hazardous Waste Technical 

Corrections and Clarifications Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

proposing a number of technical 

changes that would correct or clarify 

several parts of the hazardous waste 

regulations that relate to hazardous 

waste identification, manifesting, the 

hazardous waste generator 

requirements, the standards for owners 

and operators of hazardous waste 

treatment, storage and disposal 

facilities, the standards for the 

management of specific types of 

hazardous waste and specific types of 

hazardous waste management facilities, 

the land disposal restrictions program 

and the hazardous waste permit 

program. 

DATES: Written comments must be 

received by May 3, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2008–0678, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov and 

oleary.jim@epa.gov. Attention Docket ID 

No. EPA–HQ–RCRA–2008–0678. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. 

• Mail: RCRA Docket (2822T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–RCRA–2008– 

0678. Please include a total of 2 copies. 

• Hand Delivery: EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. 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–RCRA–2008– 

0678. 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 


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