Air Plan Approval; ID; Update to Materials Incorporated by Reference

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R10-OAR-2024-0449; FRL-12269-01-R10]</DEPDOC> <SUBJECT>Air Plan Approval; ID; Update to Materials Incorporated by Reference</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule; administrative change. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Idaho State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Idaho and approved by the EPA. In this final rule, the EPA is also notifying the public of corrections and clarifying changes in the Code of Federal Regulations (CFR) tables that identify the materials incorporated by reference into the Idaho SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This action is effective November 18, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The SIP materials for which incorporation by reference into 40 CFR part 52 is finalized through this action are available for inspection at the following locations: Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101; and <E T="03">www.regulations.gov.</E> To view the materials at the Region 10 Office, the EPA requests that you email the contact listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Kristin Hall, EPA Region 10, 1200 Sixth Avenue—Suite 155, Seattle, WA 98101, at (206) 553-6357, or <E T="03">hall.kristin@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to the EPA. Once these control measures and strategies are approved by the EPA, and after notice and comment, they are incorporated into the federally approved SIP and are identified in title 40 of part 52, “Approval and Promulgation of Implementation Plans,” of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by the EPA is not reproduced in its entirety in 40 CFR part 52 but is “incorporated by reference.” This means that the EPA has approved a given state regulation or specified changes to the given regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows the EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP. The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, the EPA from time to time must take action on proposed revisions containing new or revised state regulations. A submission from a state can revise one or more rules in their entirety, or portions of rules. The state indicates the changes in the submission (such as by using redline/strikethrough text) and the EPA then takes action on the requested changes. The EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on <E T="03">www.regulations.gov.</E> On May 22, 1997 (62 FR 27968), the EPA revised the procedures for incorporating by reference, into the Code of Federal Regulations, materials approved by the EPA into each SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing the EPA approval of revisions to a SIP, and streamlined the mechanisms for the EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for the EPA to maintain “SIP Compilations” that contain the federally approved regulations and source-specific permits submitted by each state agency. The EPA generally updates these SIP Compilations every few years. Under the revised procedures, the EPA must periodically publish an informational document in the rules section of the <E T="04">Federal Register</E> notifying the public that updates have been made to a SIP Compilation for a particular state. The EPA began applying the 1997 revised procedures to the Idaho SIP on January 25, 2005 (70 FR 3479). The EPA subsequently published updates to the IBR materials for Idaho on December 28, 2012 (77 FR 76417), April 1, 2015 (80 FR 17333), and July 24, 2020 (85 FR 44741). <HD SOURCE="HD2">A. Approved and Incorporated by Reference Regulatory Materials</HD> Since the last IBR update, the EPA approved and incorporated by reference regulatory materials into the Idaho SIP at 40 CFR 52.670(c) as described in the following paragraphs of this preamble. 1. Action on November 19, 2020 (85 FR 73632): • IDAPA 58.01.01.006 (general air quality definitions), except section 006.49, 006.50, 006.51, 006.66, 006.67, 006.68.b, 006.116, and 006.118 (State effective 4/11/2019); • IDAPA 58.01.01.107 (incorporation by reference of Federal standards), except section 107.03.f through 107.03.p (State effective 3/30/2020); • IDAPA 58.01.01.221 (exemptions from permit to construct requirements for certain pollutants) (State effective 4/11/2019); • IDAPA 58.01.01.222 (exemptions from permit to construct for certain sources) (State effective 4/11/2019); and • IDAPA 58.01.01.404 (procedure for issuing permits) (State effective 4/11/2019). 2. Action on May 24, 2022 (87 FR 31429): • IDAPA 58.01.01.107 (incorporation by reference of Federal standards), except section 107.03.f through 107.03.p (State effective 6/17/2021). 3. Action on March 29, 2023 (88 FR 18426): • IDAPA 58.01.01.107 (incorporation by reference of Federal standards), except section 107.03.f through 107.03.p (State effective 3/24/2022). 4. Action on May 26, 2023 (88 FR 34091): • Idaho Code section 39-107(1)(a) (board composition rules) (State effective 7/1/2022). <HD SOURCE="HD2">B. Regulatory Materials Removed From Incorporation by Reference</HD> Since the last IBR update, the EPA also removed the following regulatory materials from the Idaho SIP at 40 CFR 52.670(c). 1. Action on November 19, 2020 (85 FR 73632): • IDAPA 58.01.01.845 (rules for control of sulfur oxide emissions from sulfuric acid plants) (State effective 5/1/1994); • IDAPA 58.01.01.846 (emission limits) (State effective 4/5/2000); • IDAPA 58.01.01.847 (monitoring and testing requirements) (State effective 5/1/1994); and • IDAPA 58.01.01.848 (compliance schedules) (State effective 4/5/2000). 2. Action on June 15, 2023 (88 FR 39177): • Ada County Ordinance (motor vehicle emissions control ordinance) (county approval date 6/15/1999); • City of Boise Ordinance (motor vehicle emissions control ordinance) (city approval date 7/20/1999); • City of Eagle Ordinance (motor vehicle emissions control ordinance) (city approval date 4/27/1999); • City of Garden City Ordinance (motor vehicle emission control ordinance) (most recently amended 8/13/1996); and • City of Meridian Ordinance (motor vehicle emissions control ordinance) (city approval date 6/1/1999). <HD SOURCE="HD1">II. EPA Action</HD> In this action, the EPA is providing notification of an update to the materials incorporated by reference into the Idaho SIP as of September 1, 2024, and identified in 40 CFR 52.670(c) and (d). This update includes SIP materials submitted by Idaho and approved by the EPA since the last IBR update. <E T="03">See</E> 85 FR 44741 (July 24, 2020). In addition, The EPA is providing notification of the following corrections and clarifying changes to 40 CFR 52.670(c), (d), and (e): <HD SOURCE="HD2">A. Changes Applicable to Paragraph (c)</HD> 1. Revising the introductory text of paragraph (c), “EPA approved regulations,” to read “EPA approved laws and regulations”; 2. Replacing the original table entitled “EPA Approved Idaho Regulations and Statutes” with three new tables entitled “Table 1 to Paragraph (c)—State Regulations”, “Table 2 to Paragraph (c)—State Statutes”, and “Table 3 to Paragraph (c)—City and County Codes and Ordinances”; 3. Sorting the entries from the original table into the three new tables; 4. Revising the undesignated heading “Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho” to read “Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01)”; 5. Adding back entries 121 and 122 that were removed in error in the action on November 19, 2020 (85 FR 73632); and 6. Correcting entries 221 and 222 that should have been revised in the action on November 19, 2020 (85 FR 73632). <HD SOURCE="HD2">B. Changes Applicable to Paragraph (d)</HD> 1. Revising the introductory text of paragraph (d), “EPA approved State Source-specific requirements,” to read “EPA approved source-specific requirements”; and 2. Renam ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 77k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━