30626 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 

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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

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

Dated: June 26, 2018. 

David Gray, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2018–14067 Filed 6–28–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0214, FRL–9980– 

19—Region 10] 

Air Plan Approval; ID, Incorporations 

by Reference Updates and Rule 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve state 

implementation plan (SIP) revisions 

submitted by the Idaho Department of 

Environmental Quality (IDEQ) on March 

20, 2018 and April 12, 2018. The 

submitted revisions update 

incorporation by reference (IBR) of 

Federal regulations in the Idaho’s rules. 

The revisions also remove an interim 

regulation that expired in 2003. 

DATES: Comments must be received on 

or before July 30, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2018–0214, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not 

electronically submit any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Randall Ruddick at (206) 553–1999, or 

ruddick.randall@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

intended to refer to EPA. 

Table of Contents 

I. Background 

II. EPA Evaluation of Idaho’s SIP Revisions 

A. 2016 Federal Rule IBR Update 

B. 2017 Federal Rule IBR Update 

C. Removal of Expired Rule 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Orders Review 

I. Background 

Section 110 of the Clean Air Act 

(CAA) specifies the general 

requirements for states to submit SIPs to 

attain and maintain the National 

Ambient Air Quality Standards 

(NAAQS) and the EPA’s actions 

regarding approval of those SIPs. Idaho 

incorporates by reference (IBR) various 

portions of Federal regulations codified 

in the Code of Federal Regulations 

(CFR) into the Rules for the Control of 

Air Pollution in Idaho (IDAPA 

58.01.01). Idaho then submits parts of 

IDAPA 58.01.01 to the EPA for approval 

into the Federally-approved Idaho SIP 

(generally those provisions that relate to 

the criteria pollutants regulated under 

section 110 of the CAA for which the 

EPA has promulgated NAAQS or other 

specific requirements of section 110). 

To ensure that its rules remain 

consistent with the EPA requirements, 

Idaho generally updates the IBR 

citations in IDAPA 58.01.01 on an 

annual basis and submits a SIP revision 

to reflect any changes made to the 

Federal regulations during that year. 

Idaho’s current SIP includes the 

approved incorporation by reference of 

specific Federal regulations, revised as 

of July 1, 2015, at IDAPA 58.01.01.107 

‘‘Incorporation by Reference.’’ On 

March 20, 2018, the State of Idaho 

submitted SIP revisions to the EPA to 

account for more recent Federal 

regulatory changes adopted by Idaho. 

Additionally, on April 12, 2018, Idaho 

submitted a separate SIP revision to 

remove an expired interim 

transportation conformity provision. 

Transportation conformity is required 

under section 176(c) of the CAA to 

ensure Federally supported highway, 

transit projects, and other activities are 

consistent with (‘‘conform to’’) the 

purpose of the SIP. 

II. EPA Evaluation of Idaho’s SIP 

Revisions 

Idaho submitted several state dockets 

(rulemakings) for approval to the EPA. 

We note that the dockets also include 

revisions to Idaho’s regulations relating 

to its Title V operating permits, 

hazardous air pollutants (referred to as 

‘‘toxic air pollutants’’ in Idaho 

regulations), and other air requirements 

that do not implement section 110 of the 

CAA. Idaho submitted these regulations 

for informational purposes only, in 

order to provide a complete record of 

each docket. In the cover letter to the 

March 20, 2018, submittal, Idaho 

specifically stated that the identified 

provisions (IDAPA 58.01.01.107.03.f-n) 

were not being submitted to update 

Idaho’s SIP. We provide our analysis of 

the revisions below. 

A. 2016 Federal Rule IBR Update 

Docket 58–0101–1603 ‘‘2016 Federal 

Rule IBR’’ revises IDAPA 

58.01.01.107.03 ‘‘Documents 

Incorporated by Reference’’ to update 

the citation dates for specific provisions 

incorporated by reference into the Idaho 

SIP as of July 1, 2016. Although Idaho 

requested approval of this docket, it has 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 30627 

1See 80 FR 65296 (October 26, 2015), for a 

detailed explanation of the calculation of the 3-year 

8-hour average; see also 40 CFR part 50, Appendix 

U. 2These levels are commonly referred to in parts 

per billion (ppb): 75ppb and 70ppb, respectively. 

been superseded by the annual IBR 

update for 2017, described below. 

Therefore, we are acting on only the 

most recently adopted and submitted 

version of Idaho’s regulations (namely, 

the 2017 Federal Rule IBR Update). 

Further action on this docket is not 

necessary because this version of 

Idaho’s regulations is no longer in effect. 

B. 2017 Federal Rule IBR Update 

Docket 58–0101–1702 ‘‘2017 Federal 

Rule IBR Update’’ revises IDAPA 

58.01.01.107 ‘‘Incorporations by 

Reference’’ to update the citation dates 

for specific provisions incorporated by 

reference in IDAPA 58.01.01.107.03 

‘‘Documents Incorporated by Reference’’ 

as of July 1, 2017. Subparagraph (a) of 

IDAPA 58.01.01.107.03 incorporates by 

reference the Requirements for 

Preparation, Adoption, and Submittal of 

Implementation Plans, 40 CFR part 51, 

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

2017. Importantly, Idaho’s update to the 

incorporation by reference of 40 CFR 

part 51 includes nonattainment new 

source review (NNSR) requirements at 

40 CFR 51.165. 

Idaho has two designated PM2.5

nonattainment areas: West Silver Valley 

2012 annual PM2.5 nonattainment area, 

and the Idaho portion of the Logan, 

Utah-Idaho 2006 24-hour PM2.5

nonattainment area. Idaho’s 

incorporation by reference of 40 CFR 

51.165 as of July 1, 2017, as referenced 

by IDAPA 58.01.01.204 Permit 

Requirements for New Major Facilities 

and Modifications in Nonattainment 

Areas, captures the EPA’s 2016 rule 

changes to 40 CFR 51.165 promulgated 

under subpart 4, part D, of the Clean Air 

Act. See Fine Particulate Matter 

National Ambient Air Quality 

Standards: State Implementation Plan 

Requirements; Final Rule (81 FR 58010, 

August 24, 2016). 

As a result, Idaho’s NNSR program 

now regulates the four precursors to 

PM2.5 that have been recognized by the 

EPA, namely, nitrogen oxides, sulfur 

dioxide, volatile organic compounds, 

and ammonia. Therefore, EPA is 

proposing to fully approve the Idaho SIP 

as meeting current Federal NNSR 

requirements for all pollutants, 

including PM2.5. 

Subparagraph (b) of IDAPA 

58.01.01.107.03 incorporates by 

reference the National Primary and 

Secondary Ambient Air Quality 

Standards, 40 CFR part 50. The current 

Idaho SIP approved version of 

subparagraph (b) includes NAAQS 

revised as of July 1, 2015. On October 

1, 2015, EPA signed a notice of final 

rulemaking revising the 8-hour primary 

and secondary ozone NAAQS (80 FR 

65292; October 26, 2015). While both 

standards retain the same general form 

and averaging time (annual fourthhighest daily maximum 8-hour average 

concentration, averaged over three 

years 1), the levels were lowered from 

0.075 parts per million (ppm) to 0.070 

ppm.2 Idaho’s 2017 Federal Rules IBR 

update changed the citation date in 

subparagraph (b) to July 1, 2017 and 

therefore reflects the current (October 

2015) Federal NAAQS for ozone. Other 

than ozone, EPA has not revised any 

other NAAQS since July 1, 2015. We 

therefore propose to approve Idaho’s 

revision to subparagraph (b) as 

consistent with Federal standards. 

Subparagraph (c) of IDAPA 

58.01.01.107.03 incorporates the 

Approval and Promulgation of 

Implementation Plans, 40 CFR part 52, 

subparts A and N, and appendices D 

and E. This includes the Federal 

Prevention of Significant Deterioration 

(PSD) permitting rules at 40 CFR 52.21 

and 52.22 as of July 15, 2017. The 

current Idaho SIP approved version of 

subparagraph (c) incorporates these 

Federal rules as effective July 1, 2015. 

Since July 1, 2015, EPA promulgated 

revisions to 40 CFR 52.21 and repealed 

52.22 in response to a court remand and 

vacatur. Specifically, on June 23, 2014, 

the United States Supreme Court, in 

Utility Air Regulatory Group (UARG) v. 

EPA, issued a decision addressing the 

application of PSD permitting to 

greenhouse gas (GHG) emissions. The 

Supreme Court said EPA may not treat 

GHGs as air pollutants for purposes of 

determining whether a source is a major 

source (or modification thereof) 

required to obtain a PSD permit. The 

Court also said EPA could continue to 

require that PSD permits, otherwise 

required based on emissions of 

pollutants other than GHGs, contain 

limits on GHG emissions based on the 

application of Best Available Control 

Technology (BACT). In response to the 

UARG decision, and the subsequent 

Amended Judgment issued by the D.C. 

Circuit (Amended Judgment), EPA 

revised the Federal PSD rules to allow 

for the rescission of PSD permits that 

are no longer required under these 

decisions, 80 FR 26183 (May 7, 2015), 

and to remove the regulatory provisions 

that were specifically vacated by the 

Amended Judgment, 80 FR 50199 

(August 19, 2015). In addition, EPA has 

proposed to revise provisions in the 

PSD permitting regulations applicable to 

GHGs to fully conform with UARG and 

the Amended Judgment, but those 

revisions have not been finalized. 81 FR 

68110 (Oct. 3, 2016). 

Idaho’s incorporation by reference of 

40 CFR 52.21 and 52.22 as of July 1, 

2015, included the May 7, 2015 

revisions to 40 CFR 52.21(w), providing 

a mechanism for Idaho to rescind PSD 

permits that are no longer required in 

light of UARG and the Amended 

Judgment, but did not include the 

August 19, 2015 revisions to the Federal 

PSD program removing the PSD 

provisions vacated by the Amended 

Judgment. Idaho’s March 20, 2018 SIP 

submittal updates the IBR citation date 

to July 1, 2017 and thereby encompasses 

the August 19, 2015 revisions to the 

Federal PSD program. The Idaho SIP 

will still contain some of the vacated 

GHG provisions (EPA has not finalized 

the actions proposed in 81 FR 68110), 

so EPA’s approval of the Idaho’s CFR 

incorporation by reference update to 

July 1, 2017 does not change the Idaho 

SIP with respect to the remaining 

vacated provisions. However, the 

remaining vacated portions of 40 CFR 

52.21 incorporated into the Idaho SIPapproved PSD program are no longer 

enforceable. 

EPA believes this portion of the Idaho 

SIP should be revised in light of the D.C. 

Circuit’s Amended Judgment, but EPA 

also notes that these provisions may not 

be implemented even prior to their 

removal from the Idaho SIP because the 

court decisions described above have 

determined these parts of EPA’s 

regulations are unlawful. Further, Idaho 

has advised EPA that it is not currently 

enforcing these provisions in light of the 

Supreme Court decision. See 82 FR 

22083, May 12, 2017. We are therefore 

proposing to approve subparagraph (c) 

with the understanding that the GHG 

provisions vacated by the court 

decisions cannot be implemented and 

are not being enforced by Idaho. 

Subparagraphs (d) and (e) of IDAPA 

58.01.01.107.03 incorporate by reference 

the following provisions revised as of 

July 1, 2017: (d) Ambient Air 

Monitoring Reference and Equivalent 

Methods, 40 CFR part 53; and (e) 

Ambient Air Quality Surveillance, 40 

CFR part 58. These provisions relate to 

the criteria pollutants regulated under 

section 110 of title I of the CAA or other 

specific requirements of section 110 and 

make the Idaho SIP consistent with 

Federal law. The EPA is proposing to 

approve the revisions to IDAPA 

58.01.01.107.03 (d) and (e). 


sradovich on DSK3GMQ082PROD with PROPOSALS
30628 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 

C. Removal of Expired Rule 

Idaho submitted Docket 58–0101– 

1602 that repealed IDAPA 58.01.01.582 

‘‘Interim Conformity Provisions for 

Northern Ada County Former 

Nonattainment Area for PM–10’’ 

(section 582) because it was outdated 

and no longer applicable. Section 582 

was promulgated in 2001 as a temporary 

measure that was necessary only until a 

required maintenance plan could be 

developed to address CAA 

transportation conformity requirements 

for the PM10 Ada County nonattainment 

area. Idaho has since developed and 

adopted the required maintenance plan 

and EPA approved the maintenance 

plan on October 27, 2003 (68 FR 61106), 

effective November 26, 2003. Idaho 

repealed the expired section 582 (state 

effective March 28, 2017) and submitted 

the revision to EPA. EPA is therefore 

proposing to remove section 582 from 

Idaho’s SIP as requested by Idaho in its 

April 12, 2018 SIP submittal. 

III. Proposed Action 

EPA is proposing to approve, and 

incorporate by reference where 

appropriate, in Idaho’s SIP all revisions 

to IDAPA 58.01.01.107 Incorporations 

by Reference, except .03.f through .p 

(state effective March 28, 2018) as 

requested by Idaho on March 20, 2018, 

and as described in Section II.B. above. 

EPA is also proposing, as requested by 

Idaho on April 12, 2018, to remove 

IDAPA 58.01.01.582 Interim Conformity 

Provisions for Northern Ada County 

Former Nonattainment Area for PM 10 

from the Idaho SIP because it expired in 

2003 and Idaho has repealed it as a 

matter of state law (state effective March 

29, 2017). See Section II.C. (above). 

We have made the preliminary 

determination that the submitted SIP 

revisions are consistent with section 110 

and part C of Title I of the CAA. 

IV. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final rule, regulatory text 

that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

the provisions described above in 

Section III. Also in this rule, EPA is 

proposing to remove, in a final EPA 

rule, regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to remove the 

incorporation by reference of IDAPA 

58.01.01.582 as described in Section III. 

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

V. Statutory and Executive Orders 

Review 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 

it does not involve technical standards; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The proposed SIP would not be 

approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the proposed rule does not 

have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: June 20, 2018. 

Michelle L. Pirzadeh, 

Regional Administrator, Region 10. 

[FR Doc. 2018–14096 Filed 6–28–18; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 51 

[WC Docket No. 18–155; FCC 18–68] 

Updating the Intercarrier 

Compensation Regime To Eliminate 

Access Arbitrage 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposed to adopt rules to 

curb the financial incentive to engage in 

access stimulation by giving accessstimulating LECs two choices for 

receiving calls. The access-stimulating 

LEC can choose either: To be financially 

responsible for the delivery of calls to 

its network, in which case intermediate 

access providers would charge the 

access-stimulating LEC for the delivery 

of calls; or to accept direct connections 

from long distance carriers seeking to 

terminate telephone calls to the LEC or 

from intermediate access providers of 

the long distance carriers’ choosing, 

which would allow the long distance 

carriers to bypass intermediate access 

providers chosen by the accessstimulating LEC. This document seeks 

comment on several alternatives, 

including requiring LECs engaged in 

access stimulation to immediately 

transition their terminating access 


sradovich on DSK3GMQ082PROD with PROPOSALS