[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Rules and Regulations]
[Pages 63394-63396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24703]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0548, FRL-9901-76-Region 10]


Approval and Promulgation of Implementation Plans; Idaho: State 
Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action to approve a revision to the 
Idaho State Implementation Plan (SIP) submitted by the State of Idaho 
on September 16, 2013, for approval into the Idaho SIP for purposes of 
meeting the state board requirements of the Clean Air Act (CAA). The 
EPA is also approving the September 16, 2013, revision as meeting the 
corresponding state board infrastructure requirements of the CAA for 
the 1997 ozone National Ambient Air Quality Standards (NAAQS). On 
August 1, 2013, the EPA proposed to approve the July 16, 2013, draft of 
this revision submitted for parallel processing. Because the final SIP 
revision submitted by Idaho to the EPA on September 16, 2013 is 
consistent with the July 16, 2013, submittal, the Idaho SIP will, upon 
the effective date of this final approval, contain the required 
provisions regarding board composition and disclosure of potential 
conflicts of interest. The EPA is taking final action to approve this 
revision because it satisfies the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on November 25, 2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2013-0548. All documents in the 
docket are listed on the http://www.regulations.gov Web site. Although 
listed in the index, some information may not be publicly available, 
i.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 either electronically through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air, 
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington 
98101. The EPA requests that you contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, 
[email protected], or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On July 16, 2013, the State of Idaho submitted a SIP revision for 
purposes of meeting the state board requirements of CAA section 128 and 
the corresponding state board infrastructure SIP requirements for the 
1997 ozone NAAQS. Specifically, Idaho submitted Executive Order 2013-
06, dated June 26, 2013, and Idaho Code Sec. Sec.  59-701 through 705, 
Ethics in Government Act, and requested parallel processing on the 
submittal. Under the parallel processing procedure, a state submits a 
SIP revision to the EPA before final adoption by the state. The EPA 
reviews this proposed state action and prepares a notice of proposed 
rulemaking. The EPA publishes its notice of proposed rulemaking in the 
Federal Register and solicits public comment in approximately the same 
time frame during which the state is completing its rulemaking action.
    After submitting the draft July 16, 2013, revision to the EPA, 
Idaho provided a public comment period on the draft, and a public 
hearing. Idaho's comment period began July 12, 2013 and ended August 
13, 2013. The public hearing was held on August 13, 2013. No comments 
or testimony were received. In parallel, on August 1, 2013, the EPA 
proposed approval of the July 16, 2013, draft SIP revision (78 FR 
46549). An explanation of the CAA requirements and implementing 
regulations that are met by this SIP revision, a detailed explanation 
of the revision, and the EPA's reasons for approving it were provided 
in the notice of proposed rulemaking on August 1, 2013, and will not be 
restated here (78 FR 46549). The public comment period for the EPA's 
proposed approval ended on September 3, 2013 and we received no 
comments. Subsequently, Idaho submitted the final SIP revision to the 
EPA on September 16, 2013. Because the September 16, 2013, final SIP 
revision is consistent with the July 16,

[[Page 63395]]

2013, draft SIP revision and we received no comments on our proposal, 
we are finalizing our approval in this action.

II. Final Action

    The EPA is approving the September 16, 2013, SIP revision from the 
State of Idaho as meeting the state board requirements of the Clean Air 
Act.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
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 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 this action 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).

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 the EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 23, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements.

    Dated: September 24, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR Part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart N--Idaho


0
2. Amend the table in Sec.  52.670(e) entitled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures'' by adding the 
following entries to the end to read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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                                      Applicable
     Name of SIP provision           geographic or          State      EPA approval date         Comments
                                  nonattainment area   submittal date
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                                                  * * * * * * *
Idaho State Board SIP Revision;  Statewide...........       9/16/2013  10-24-13 [Insert   To satisfy the
 Executive Order 2013-06; dated                                         page number        requirements of CAA
 June 26, 2013.                                                         where the          section 128(a)(1) and
                                                                        document begins].  CAA section
                                                                                           110(a)(2)(E)(ii) for
                                                                                           all criteria
                                                                                           pollutants. Executive
                                                                                           Order 2013-06 expires
                                                                                           June 26, 2017, unless
                                                                                           renewed by subsequent
                                                                                           Executive Order.
Idaho State Board SIP Revision;  Statewide...........       9/16/2013  10-24-13 [Insert   To satisfy the
 Idaho Code Sec.  Sec.   59-701                                         page number        requirements of CAA
 through 705; Ethics in                                                 where the          section 128(a)(2) and
 Government Act.                                                        document begins].  CAA section
                                                                                           110(a)(2)(E)(ii) for
                                                                                           all criteria
                                                                                           pollutants.
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[FR Doc. 2013-24703 Filed 10-23-13; 8:45 am]
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