Air Plan Approval; ID; Revisions to Air Quality Regulations

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R10-OAR-2023-0583, FRL-11575-03-R10]</DEPDOC> <SUBJECT>Air Plan Approval; ID; Revisions to Air Quality Regulations</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is approving revisions to the Idaho State Implementation Plan (SIP) submitted on May 8, 2023, and May 13, 2024. The revisions update the adoption by reference of specific Federal standards and reference methods and streamline the Idaho air quality regulations by repealing outdated provisions, striking duplicative terms, and simplifying rule language. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This final rule is effective January 6, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2023-0583. All documents in the docket are listed on the <E T="03">https://www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at <E T="03">https://www.regulations.gov,</E> or please contact the person listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section for additional availability information. <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> Throughout this document, wherever “we” or “our” is used, it means the EPA. <HD SOURCE="HD1">I. Background</HD> On June 24, 2024, the EPA proposed to approve revisions to the Idaho SIP to update the adoption by reference of specific Federal standards and reference methods and streamline the Idaho air quality regulations by repealing outdated provisions, striking duplicative terms, and simplifying rule language (89 FR 52415). The reasons for our proposed action are included in the proposal and will not be restated here. The public comment period closed on July 24, 2024. We received two comments from members of the public. The full text of the comments may be found in the docket for this action. We have summarized the comments in the following section II. of this preamble. <HD SOURCE="HD1">II. Comments</HD> The first commenter conveyed overall support for our proposed action. The EPA acknowledges the commenter's support. The second commenter expressed concern about air emissions from cannabis plants and stated there is a need to study volatile organic compound emissions from the plants and how such emissions may contribute to ozone formation. This comment is outside the scope of this action. The revisions to Idaho's SIP do not relate to cannabis production in general or VOC emissions from cannabis production in particular. Rather, the revisions to Idaho's SIP update the adoption by reference of specific Federal standards and reference methods and streamline the Idaho air quality regulations by repealing outdated provisions, striking duplicative terms, and simplifying rule language. In addition, the commenter did not indicate that EPA approval of the SIP submissions is inconsistent with the Clean Air Act. Therefore, for the reasons stated in this preamble and our proposed action on June 24, 2024, we are finalizing our action as proposed (89 FR 52415). <HD SOURCE="HD1">III. Final Action</HD> The EPA is approving, and incorporating by reference into 40 CFR 52.670(c), the air quality regulatory revisions submitted by Idaho on May 8, 2023 and May 13, 2024, as detailed in this section. <HD SOURCE="HD2">A. IDAPA Provisions for Approval and Incorporation by Reference</HD> Upon the effective date of this final action, the Idaho SIP will incorporate the following sections of the Idaho Rules for the Control of Air Pollution (IDAPA 58.01.01), State effective March 28, 2023, unless otherwise specified: • IDAPA 58.01.01.001 Title and scope (describing the title and general scope); • IDAPA 58.01.01.005 Definitions (referencing the terms defined in State statute and Federal regulations to be used in the Idaho air quality regulations); • IDAPA 58.01.01.006 General definitions (defining centralized terms used in the Idaho air quality regulations), except 006.23, 006.24, 006.25, 006.30, 006.31.b, 006.49, 006.50, 006.51; • IDAPA 58.01.01.007 Definitions for the purposes of sections 200 through 228 and 400 through 461 (defining centralized terms used in the major and minor source permitting programs); • IDAPA 58.01.01.107 Incorporations by reference (listing the codes, rules and standards incorporated by reference into the Idaho air quality regulations), except 107.06 through 107.16, State effective July 1, 2024; • IDAPA 58.01.01.108 Obligation to comply (requiring that receiving a permit or certificate of registration does not relieve the owner or operation of the obligation to comply with all applicable regulations); • IDAPA 58.01.01.121 Compliance requirements by department (detailing actions to ensure compliance with the air quality rules); • IDAPA 58.01.01.122 Information orders by the department (establishing how information may be obtained in implementing the air quality rules); • IDAPA 58.01.01.123 Certification of documents (requiring documents submitted to be certified as true, accurate and complete); • IDAPA 58.01.01.125 False statements (prohibiting false statements, representation, or certification); • IDAPA 58.01.01.126 Tampering (prohibiting interference with monitoring device, method, rule or order); • IDAPA 58.01.01.130 Startup, shutdown, scheduled maintenance, safety measures, upset and breakdown (defining startup, shutdown, upset and scheduled maintenance), State effective July 1, 2024; • IDAPA 58.01.01.131 Excess emissions (establishing enforcement discretion criteria in the event of excess emissions); • IDAPA 58.01.01.132 Correction of condition (requiring appropriate action to correct conditions causing an excess emissions event); • IDAPA 58.01.01.133 Startup, shutdown and scheduled maintenance requirements (prescribing notifications, recordkeeping, reporting and other actions related to modes of operation); • IDAPA 58.01.01.134 Upset, breakdown and safety requirements (identifying safety requirements and measures to minimize excess emissions during upsets); • IDAPA 58.01.01.135 Excess emissions reports (detailing required data to be reported about excess emissions events); • IDAPA 58.01.01.136 Excess emissions records (requiring records retention related to excess emissions); • IDAPA 58.01.01.155 Circumvention (prohibiting the concealment of emissions); • IDAPA 58.01.01.157 Test methods and procedures (establishing procedures for source test methods); • IDAPA 58.01.01.164 Polychlorinated biphenyls (PCBs) (prohibiting the burning or selling of PCBs); • IDAPA 58.01.01.175 Procedures and requirements for permits establishing a facility emissions cap (setting uniform procedures for a source to seek a facility emissions cap); • IDAPA 58.01.01.176 Facility emissions cap, except provisions relating to hazardous air pollutants (establishing applicability and definitions for facility emissions cap requirements); • IDAPA 58.01.01.178 Standard contents of permits establishing a facility emissions cap (listing the required contents of a permit establishing a facility emissions cap); • IDAPA 58.01.01.179 Procedures for issuing permits establishing a facility emissions cap (identifying the procedures to be followed in issuing a facility emissions cap); • IDAPA 58.01.01.180 Revisions to permits establishing a facility emissions cap (requiring changes to permit terms and conditions under certain circumstances); • IDAPA 58.01.01.181 Notice and record-keeping of estimates of ambient concentrations (prescribing the process to make allowable changes to a facility emissions cap); • IDAPA 58.01.01.200 Procedures and requirements for permits to construct (establishing uniform procedures for issuing permits to construct); • IDAPA 58.01.01.201 Permit to construct required (requiring owners and operators of certain facilities to obtain permits to construct unless otherwise covered by a general permit or permit by rule); • IDAPA 58.01.01.202 Application procedures (requiring a certified application using approved forms when applying for a permit to construct); • IDAPA 58.01.01.203 Permit requirements for new and modified stationary sources, except 203.03 (stating that no permit will be issued unless a source complies with applicable emission limits and does not cause or contribute to a violation of an ambient air quality standard); • IDAPA 58.01.01.204 Permit requirements for new major facilities or major modifications in nonattainment areas (requiring LAER and offsets for new major facilities and major modifications in nonattainment areas); • IDAPA 58.01.01.205 Permit requirements for new major facilities or major modifications in attainment or unclassifiable areas (requiring new major facilities and major modifications meet certain requirements to construct in attainment areas); • IDAPA 58.01.01.206 Optional offsets for permits to construct (offering the option to offset emissions using credits); • IDAPA 58.01.01.208 Demonstration of net air quality benefit (establishing how to demonstrate net air quality benefit for emissions trades); • IDAPA 58.01.01.209 Procedure for issuing permits (laying out ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 55k characters. 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