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

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R10-OAR-2025-0009; FRL-12550-01-R10]</DEPDOC> <SUBJECT>Air Plan Approval; Idaho; 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 regulatory materials that are incorporated by reference into the Idaho State Implementation Plan (SIP). The EPA is also notifying the public of corrections and clarifying changes in the Code of Federal Regulations tables that identify the regulatory 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 and the EPA Region 10 Office. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This action is effective June 27, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The Idaho SIP materials incorporated by reference into 40 CFR part 52 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 Region 10 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, including such elements as air pollution control regulations, source-specific permit requirements, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. Each State must formally adopt air pollution control measures and strategies and submit the associated regulatory materials to the EPA for approval into the SIP. Upon EPA approval, regulatory materials are incorporated into the federally approved SIP 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 a State regulation approved by the EPA is not reproduced in its entirety in 40 CFR part 52, rather, it is “incorporated by reference (IBR).” This means that the EPA has approved a given State regulation, or changes to that regulation, based on a specific effective date. The public is referred to the location of the full text version of the regulation. 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. Each SIP is a living document revised as necessary by a State to address Clean Air Act requirements and the unique air pollution problems in the State. Therefore, the EPA must routinely take action on SIP revisions that include new or revised State regulatory materials. A State may revise one or more regulations in their entirety, or portions of regulations. The State indicates the submitted changes by using redline/strikethrough text, for example, and the EPA takes action on the changes. The EPA establishes a docket for each action using a unique Docket Identification Number and places the submitted regulations and other materials supporting the action in the docket. Dockets are available for viewing on <E T="03">www.regulations.gov.</E> On May 22, 1997 (62 FR 27968), the EPA, in coordination with the Office of the Federal Register, revised the procedures used to incorporate State regulatory materials by reference into the CFR for each SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanism for announcing EPA approval of revisions to a SIP, and consolidated the process for EPA updates to the IBR materials in 40 CFR part 52. The revised IBR procedures called for the EPA to maintain “SIP Compilations” with the full text of the federally approved State regulatory materials. The EPA generally updates each SIP Compilation every few years, or more frequently when large amounts of regulatory materials have been incorporated by reference. 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 specific SIP Compilation. The EPA began applying the revised IBR procedures to the Idaho SIP on January 25, 2005 (70 FR 3479) and subsequently published updates to the IBR materials in the Idaho SIP on December 28, 2012 (77 FR 76417), April 1, 2015 (80 FR 17333), July 24, 2020 (85 FR 44741), and November 18, 2024 (89 FR 90592). <HD SOURCE="HD2">A. Approved and Incorporated by Reference Regulatory Materials</HD> Since the last update of IBR materials in the Idaho SIP at 40 CFR 52.670(c), the EPA has approved and incorporated by reference specific revised sections of the Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01) as described in the following paragraphs of this preamble. 1. Action on December 5, 2024 (89 FR 96554) (listed provisions are 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 and 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), State effective July 1, 2014, except 107.06 through 107.16, which are not incorporated into the SIP; • 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 ( ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 87k characters. 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