Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules 2359 

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 Clean Air Act; 

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 17, 2012. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2013–00429 Filed 1–10–13; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0640; FRL–9769–7] 

Approval and Promulgation of State 

Implementation Plans: Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve revisions to Idaho’s State 

Implementation Plan (SIP) submitted by 

the Director of the Idaho Department of 

Environmental Quality (IDEQ) on July 

13, 2011, for approval into the Idaho 

SIP. The submitted revisions relate to 

Idaho’s open burning and crop residue 

disposal requirements and establish a 

streamlined permitting process for spot 

burns, baled agricultural residue burns, 

and propane flaming. The submitted 

revisions also make minor changes to 

the existing crop residue disposal rules 

to update cross references and clarify 

certain administrative information. This 

action is being taken under the Clean 

Air Act (the Act or CAA). 

DATES: Written comments must be 

received on or before February 11, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2011–0640, by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Mail: Donna Deneen, EPA, Office of 

Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Suite 900, Seattle, 

Washington 98101. 

C. Hand Delivery: EPA, Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Seattle, Washington 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. 

D. Email: R10- 

Public_Comments@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2011– 

0640. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Office of Air, Waste and 

Toxics, EPA Region 10, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen, (206) 553–6706, or by 

email at deneen.donna@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Summary of Rule Changes 

III. Evaluation of Rule Changes 

IV. Proposed Action 

V. Scope of Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Background 

Idaho’s federally-approved rules at 

Idaho Administrative Procedures Act 

(IDAPA) 58.01.01.617 through 623 

contain the open burning requirements 

for crop residue disposal in Idaho. 

These rules were approved by the EPA 

on August 1, 2008, (73 FR 44915) and 

were submitted to the EPA as a result of 

the Ninth Circuit Court of Appeals 

decision in Safe Air for Everyone v. 

USEPA, 475 F.3d 1096, amended 488 

F.3d 1088 (9th Cir 2007). More 

information regarding the Ninth Circuit 

Court of Appeals decision and the 

federally-approved requirements for 

crop residue disposal can be found in 

the EPA’s proposed and final actions on 

the state’s 2008 SIP submittal. 73 FR 

23155 (April 29, 2008) and 73 FR 44915 

(August 1, 2008). 

Idaho’s federally-approved crop 

residue disposal rules at IDAPA 

58.01.01.617 currently provide that the 

open burning of crop residue on fields 

where the crops were grown is an 

allowable form of open burning if 

conducted in accordance with the 

provisions at IDAPA 58.01.01.618 

through 623. The provisions at IDAPA 

58.01.01.618 through 623 are described 


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2360 Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules 

1The current one-hour action criteria under 

IDAPA 58.01.01.556 is an average of 80 mg/m3 for 

PM2.5 and an average of 385 mg/m3 for PM10. 

2 Idaho’s negotiated rulemaking process is an 

informal process open to the public and intended 

to improve the substance of proposed rules by 

drawing upon shared information, expertise and 

technical abilities possessed by the affected 

persons; to arrive at a consensus on the content of 

the rule; to expedite formal rule-making; and to 

lessen the likelihood that affected persons will 

resist enforcement or challenge the rules in court. 

See Section 67–5220, Idaho Code and IDAPA 

04.11.01.810 through 819. 

in the EPA’s proposed action at 73 FR 

23159 (April 29, 2008). In brief, these 

rules require that a person desiring to 

burn crop residue must register at least 

thirty days in advance of the date of the 

proposed burn, pay a fee at least seven 

days prior to the burn, contact the IDEQ 

for initial approval at least 12 hours 

prior to the burn, obtain final approval 

from the IDEQ the morning of the burn, 

and submit a post-burn report to the 

IDEQ. In addition, all persons intending 

to dispose of crop residue through 

burning must abide by all of the general 

provisions in IDAPA 58.01.01.622 

(covering such items as training 

requirements, reporting requirements, 

and certain limitations on burning). 

The criteria for the IDEQ to approve 

a request to burn are described in 

IDAPA 58.01.01.621. Importantly, 

before approving a permittee’s request 

to burn, the IDEQ must determine that 

ambient air quality levels do not exceed 

seventy-five percent of the level of any 

National Ambient Air Quality Standards 

(NAAQS) on any day and are not 

projected to exceed such level over the 

next 24 hours. In addition, the IDEQ 

must determine that ambient air quality 

levels have not reached, and are not 

forecasted to reach and persist at, eighty 

percent of the one-hour action criteria 

for particulate matter under IDAPA 

58.01.01.556.1 Thus, the IDEQ will not 

approve a burn if these levels are 

expected to be exceeded as a result of 

the burn. In determining whether to 

approve the burn, the IDEQ must also 

consider the expected emissions from 

the proposed burn, the proximity of the 

proposed burn to other burns, the 

moisture content of the fuels, the 

acreage, crop type and other fuel 

characteristics, existing and expected 

meteorological conditions, the 

proximity of the proposed burn to 

institutions with sensitive populations, 

public roadways, and airports, and other 

relevant factors. IDAPA 58.01.01.621.01. 

The IDEQ must also notify the public as 

provided in IDAPA 58.01.01.623. 

The IDEQ’s SIP revision submitted on 

July 13, 2011, contains changes to the 

federally-approved crop residue 

disposal rules at IDAPA 58.01.01.617 

through 623. More specifically, the July 

13, 2011, SIP submittal revises IDAPA 

58.01.01.617, 618, 620, 622, and 623, 

and adds a new section at IDAPA 

58.01.01.624. These revisions were 

submitted by the IDEQ after determining 

that the administrative requirements 

under the existing rules for certain types 

of small burns (spot burns, broken bale 

burns and propane flaming) were 

unnecessarily burdensome. According 

to the July 13, 2011, SIP submittal, these 

revisions were made to streamline the 

administrative requirements for these 

types of small fuel loading and small 

acreage burns. 

In the July 13, 2011, submittal, the 

IDEQ described the process for making 

the rule changes and noted that the 

changes were drafted in conjunction 

with a negotiating committee made up 

of persons having an interest in the 

development of this rule.2 Participants 

included growers desiring to burn crop 

residue, members of the regulated 

community who may be subject to 

Idaho’s air quality rules, special interest 

groups, the Idaho State Department of 

Agriculture, tribes, public officials, and 

members of the public who have an 

interest in the regulation of air 

emissions. The IDEQ also explained that 

a change to the statute was necessary 

relating to the fee requirement for 

propane flaming. The resulting 

temporary rule was adopted by the 

IDEQ Board of Environmental Quality 

on April 25, 2011 and became effective 

on July 1, 2011. 

II. Summary of Rule Changes 

The rule changes in the July 13, 2011, 

submittal include new IDAPA 

58.01.01.624, which relates to spot 

burns, baled agricultural residue burns 

and propane flaming, and revisions to 

IDAPA 58.01.01.617 through 623, which 

clarify existing disposal of crop residue 

provisions and update references to new 

IDAPA 58.01.01.624. The EPA prepared 

a Technical Support Document (TSD) 

with detailed description of the specific 

provisions in the SIP submittal. The 

TSD is available for review as part of the 

docket for this action. 

Spot Burns and Baled Agricultural 

Residue Burns 

The new provisions for spot burns 

and baled agricultural residue burns in 

IDAPA 58.01.01.624 streamline the 

procedure and provide for the issuance 

of an annual permit to cover spot burns 

and baled agricultural residue burns 

proposed by an applicant for a given 

calendar year. Under the prior rule, a 

separate approval was required for each 

and every individual spot or bale burn. 

The new rule still regulates these types 

of burns but simplifies the 

administrative process. Specifically, 

under the new rule, to apply for an 

annual permit to conduct spot burning 

and baled agricultural residue burning, 

the applicant must provide registration 

information identifying the proposed 

burn areas and submit a fee. The permit 

issued by the IDEQ is valid for the 

calendar year in which it is issued, 

covers the proposed burn areas 

provided in the applicant’s registration 

information, and is good for a 

cumulative total of no more than one 

acre per day and no more than ten acres 

per year. The person intending to burn 

must meet all applicable permit 

provisions, including provisions 

relating to preventing travel hazards, 

protecting sensitive populations, and 

recordkeeping. Under IDAPA 

58.01.01.624.04.c, spot burns and baled 

agricultural residue burns may not be 

conducted except on IDEQ-designated 

burn days, which for these types of 

burns may include weekends and 

holidays. 

Propane Flaming 

The new provisions for propane 

flaming in IDAPA 58.01.01.624 provide 

that a person intending to conduct 

propane flaming is deemed to have a 

permit if the definition of propane 

flaming is met and the person complies 

with all applicable provisions. Under 

the prior rule, a separate approval was 

required for each and every burn using 

propane flaming. The new rule still 

regulates propane flaming but simplifies 

the administrative process by deeming 

persons conducting propane flaming to 

have a permit by rule if they comply 

with applicable provisions in IDAPA 

624.04 and 624.05. The applicable 

provisions include general crop residue 

disposal provisions and provisions 

relating to preventing travel hazards, 

protecting sensitive populations, and 

recordkeeping. Under IDAPA 

58.01.01.624.04.c, propane flaming may 

not be conducted except on IDEQdesignated burn days, which for 

propane flaming may include weekends 

and holidays. 

Revisions to IDAPA 58.01.01.117 

Through 623 

The revisions to IDAPA 58.01.01.117 

through 623 consist of minor changes 

that update cross references to new 

IDAPA 58.01.01.624 and clarify certain 

administrative provisions. 

III. Evaluation of Rule Changes 

The crop residue disposal provisions 

in the federally-approved SIP for Idaho 

may be revised provided the State meets 


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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules 2361 

3 ‘‘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. 

the requirements of CAA section 110. 

To address section 110, the EPA 

reviewed each changed provision in the 

crop residue disposal rules in its July 

13, 2011, submittal to determine 

whether or not the changes would 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of this Act. As 

further discussed in the TSD, the 

changes to existing IDAPA 58.01.01.117 

to 623 consisted of minor changes, such 

as updated cross references and 

clarifying administrative information 

(e.g, specifying the Web site address and 

toll free number). Because of the nature 

of these revisions, these changes do not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress, or any other 

applicable requirement of this Act. 

The new provisions at IDAPA 

58.01.01.624 that simplify the 

administrative process for spot burns, 

baled agricultural residue burns, and 

propane flaming also do not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of this Act. Spot burning, 

baled agricultural residue burning, and 

propane flaming are already allowed 

under the existing federally-approved 

crop residue disposal rule and burning 

continues to be allowed only on IDEQdesignated burn days. Moreover, the 

permittee is still subject to the 

applicable general provisions for the 

burning of crop residue. See the TSD for 

more information about our review and 

analysis of the July 13, 2011, SIP 

submittal. 

Based on the EPA’s review and 

evaluation of the July 13, 2011, SIP 

submittal, the burn determination 

provisions in IDAPA 58.01.01.621, and 

the IDEQ’s analysis of its rule changes 

in the July 13, 2011, SIP submittal, the 

EPA concludes that Idaho’s SIP revision 

submitted on July 13, 2011, meets the 

requirements of Clean Air Act section 

110. 

IV. Proposed Action 

Consistent with the discussion above 

and based on our review and analysis of 

revised IDAPA 58.01.01.617, 618, 620, 

622, and 623 and new section IDAPA 

58.01.01.624, the EPA proposes 

approval of the revisions in Idaho’s July 

13, 2011, SIP submittal. 

V. 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. 1151.3 Therefore, 

the 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 the EPA’s previous 

approval of Idaho’s PSD program, in 

which the 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 the 

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). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• 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 Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 3, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2013–00428 Filed 1–10–13; 8:45 am] 

BILLING CODE 6560–50–P 


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