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[Federal Register: March 18, 2010 (Volume 75, Number 52)]
[Proposed Rules]               
[Page 13058-13066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr10-25]                         

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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.

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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

[[Page 13059]]

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
------------------------------------------------------------------------
                                                     Sections of IDAPA
     Date of submittal         Title (with IDEQ     58.01.01 revised or
                                 Docket No.)              amended
------------------------------------------------------------------------
05/22/2003 \1\............  Soil Vapor Extraction  58.01.01.210.
                             (58-0101-0102).
                            2001 IBR of Federal    58.01.01.008 and 107.
                             Regulations (58-0101-
                             0103).
                            Hospital/Medical/      58.01.01.861.
                             Infectious Waste
                             Incinerators (58-
                             0101-0103).

[[Page 13060]]


                            Permit Clarification   58.01.01.209, 213,
                             (58-0101-0202).        228, 313, 317, 395,
                                                    410, 511, 581, 700
                                                    and 710-724.
                            2002 IBR of Federal    58.01.01.008 and 107.
                             Regulations (58-0101-
                             0202).
                            Permitting Fees (58-   58.01.01.01.006, 007,
                             0101-0104).            200-202, 209, 224-
                                                    228, 400-402, 404,
                                                    407-410, 470, 800-
                                                    802.
                            Title V Operating      58.01.01.387-399.
                             Permit Fees (58-0101-
                             0203).
04/02/2004................  2003 IBR of Federal    58.01.01.008 and 107.
                             Regulations (58-0101-
                             0301).
07/13/2005................  New Source Review (58- 58.01.01.006, 200,
                             0101-0304).            202, 204, 205, 206,
                                                    209, 225 and 401.
                            Permit to Construct    58.01.01.220 and 222.
                             Exemptions (58-0101-
                             0401).
                            2004 IBR of Federal    58.01.01.008, 107,
                             Regulations (58-0101-  200, 204 and 205.
                             0402).
05/05/2006 \2\............  Regulated Air          58.01.01.006-008, 133-
                             Pollutants (58-0101-   135, 155, 213, 220,
                             0503).                 440-442, 460, 511-
                                                    513, 560-561, 575,
                                                    581, and 679.
                            2005 IBR of Federal    58.01.01.008, 107,
                             Regulations (58-0101-  200, 204 and 205.
                             0505).
                            Procedure for          58.01.01.006, 007,
                             Transfer of Permit     209, and 404.
                             to Construct and
                             Tier II permits (58-
                             0101-0506).
                            Permit to Construct    58.01.01.222.
                             Exemptions (58-0101-
                             0507).
04/16/2007................  2006 IBR of Federal    58.01.01.008, 107,
                             Regulations (58-0101-  200, 204, 205.
                             0602).
                            Mercury (58-0101-      58.01.01.199.
                             0603).
05/12/2008................  2007 IBR of Federal    58.01.01.008, 107,
                             Regulations (58-0101-  200, 204, 205.
                             0701).
06/08/2009 \1\............  Sulfur Content of      58.01.01.725.
                             Fuels (58-0101-0703).
                            2008 IBR of Federal    58.01.01.008 and 107.
                             Rules (58-0101-0802).
------------------------------------------------------------------------
\1\ The 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.
\2\ The 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

[[Page 13061]]

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\:

[[Page 13062]]

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.
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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.
    \2\ The 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.
    \3\ Note 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.
    \5\ The 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ NSR permits are referred to as ``permits to construct'' or 
``PTC''s in Idaho.
---------------------------------------------------------------------------

    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 fuel-burning 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 source-category 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 source-category 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

[[Page 13063]]

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 cross-referencing 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

[[Page 13064]]

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

[[Page 13065]]

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
          State citation                     Title/subject           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        4/11/2006
                                    Sections 200 through 225 and
                                    400 through 461.
107..............................  Incorporations by Reference.....        5/8/2009  Except Section 107.03(g)
                                                                                      through (n) and (p).
200..............................  Procedures and Requirements for         4/2/2008
                                    Permits to Construct.
133..............................  Start-up, Shutdown and Scheduled       4/11/2006
                                    Maintenance Requirements.
134..............................  Upset, Breakdown and Safety            4/11/2006
                                    Requirements.
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             4/2/2008
                                    Major Facilities or Major
                                    Modifications in Nonattainment
                                    Areas.
205..............................  Permit Requirements for New             4/2/2008
                                    Major Facilities or Major
                                    Modifications in Attainment or
                                    Unclassifiable Areas.
206..............................  Optional Offsets for Permits to         4/6/2005
                                    Construct.
209..............................  Procedures for Issuing Permits..       4/11/2006
213..............................  Pre-Permit Construction.........       4/11/2006
220..............................  General Exemption Criteria for         4/11/2006
                                    Permit to Construct Exemptions.
222..............................  Category II Exemptions..........       4/11/2006
400..............................  Procedures and Requirements for         7/1/2002
                                    Tier II Operating Permits.
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              4/11/2006
                                    Reduction Credits.
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         4/11/2006
                                    Classification.
581..............................  Prevention of Significant              4/11/2006
                                    Deterioration (PSD) Increments.
679..............................  Averaging Period................       4/11/2006
700..............................  Particulate Matter Process              5/3/2003  More recent state rule
                                    Weight Limitations.                               effective date.
725..............................  Rules for Sulfur Content of             5/8/2009
                                    Fuels.
----------------------------------------------------------------------------------------------------------------

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

[[Page 13066]]

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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
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