[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Rules and Regulations]
[Pages 16201-16203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06352]



[[Page 16201]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0002: FRL-9908-38-Region-10]


Revision to the Idaho State Implementation Plan; Approval of Fine 
Particulate Matter Control Measures; Franklin County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On December 14, 2012, the Idaho Department of Environmental 
Quality (IDEQ) submitted a revision to the State Implementation Plan 
(SIP) to address Clean Air Act (CAA) requirements for the Idaho portion 
(hereafter referred to as ``Franklin County'') of the cross border 
Logan, Utah-Idaho fine particulate matter (PM2.5) 
nonattainment area (Logan UT-ID). The EPA is finalizing a limited 
approval of PM2.5 control measures contained in the December 
2012 submittal because incorporation of these measures strengthen the 
Idaho SIP and reduce sources of PM2.5 emissions in Franklin 
County that contribute to violations of the 2006 PM2.5 
standard in the Logan UT-ID nonattainment area. We will address the 
remainder of the December 2012 SIP submission revision in a separate 
action.

DATES: This final rule is effective on April 24, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2013-0002. 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 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553-0256, 
[email protected], or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is 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

    An explanation of the CAA requirements, a detailed explanation of 
the revision, and the EPA's reasons for the limited approval of the SIP 
submission were provided in the notice of proposed rulemaking published 
on December 26, 2013, and will not be restated here (78 FR 78315). The 
public comment period for this proposed rule ended on January 27, 2014. 
The EPA did not receive any comments on the proposal.

II. Final Action

    The EPA is approving and incorporating into the SIP the 
PM2.5 control measures submitted by IDEQ on December 14, 
2012, except for certain provisions related to penalties. Provisions 
describing state or local enforcement authority are not incorporated 
into the SIP to avoid potential conflict with the EPA's independent 
authorities. The specific penalty provisions excluded from the EPA's 
incorporation by reference are listed in the docket for this action and 
in the table located in 40 CFR 52.670(c).
    As described in the proposed rulemaking for this action, the EPA is 
not making a determination that these control measures satisfy 
Reasonably Available Control Measures (RACM) or any other statutory 
nonattainment area planning requirements under CAA title I, part D, 
subpart 4. However, the control measures adopted by IDEQ in the 
Franklin County portion of the Logan UT-ID nonattainment area provide 
important PM2.5 reductions that strengthen the existing 
Idaho SIP. Due to the cross-state nature of the Logan UT-ID 
nonattainment area, the EPA will act on the remainder of Idaho's 
December 2012 SIP submission in a separate action, following a complete 
review of the corresponding Utah SIP submission.

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 Act 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 application of those requirements would be inconsistent 
with the CAA; 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

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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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 27, 2014. 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: March, 10, 2014.
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. Section 52.670 is amended:
0
a. In paragraph (c) in the table entitled ``EPA-APPROVED IDAHO 
REGULATIONS AND STATUTES'' by adding seven new entries at the end of 
the section entitled ``City and County Ordinances.''
0
b. In paragraph (e) in the table entitled ``EPA-APPROVED IDAHO 
NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES'' by adding two 
new entries at the end of the table.
    The revisions read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                   EPA-Approved Idaho Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           City and County Ordinances
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
City of Clifton Ordinance No. 120  Ordinance No. 120..        08/11/12  3/25/14 [Insert      Except Section 9
                                                                         page number where    (Penalty).
                                                                         the document
                                                                         begins].
City of Dayton Ordinance 287.                             i>287.                               page number where    (Penalty).
                                                                         the document
                                                                         begins].
Franklin City Ordinance No. 2012-  Solid Fuel Heating         09/12/12  3/25/14 [Insert      Except Section 9
 9-12.                              Appliances.                          page number where    (Penalty).
                                                                         the document
                                                                         begins].
Franklin County Ordinance No.      Solid Fuel Heating         06/25/12  3/25/14 [Insert      Except Section 9
 2012-6-25.                         Appliances.                          page number where    (Penalty).
                                                                         the document
                                                                         begins].
City of Oxford Memorandum of       Solid Fuel Heating         10/22/12  3/25/14 [Insert      Except 2
 Understanding.                     Appliances.                          page number where    of the MOA and
                                                                         the document         Section 9 of
                                                                         begins].             Exhibit A.
City of Preston Ordinance No.      Ordinance No. 2012-        06/11/12  3/25/14 [Insert      Except Section 9
 2012-1.                            1.                                   page number where    (Penalty).
                                                                         the document
                                                                         begins].
City of Weston Ordinance No. 2012- Ordinance No. 2012-        08/01/12  3/25/14 [Insert      Except Section 9
 01.                                01.                                  page number where    (Penalty).
                                                                         the document
                                                                         begins].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

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                    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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                                                  * * * * * * *
Letter of Intent PM 2.5            Franklin County,           12/19/12  3/25/14 [Insert      Fine Particulate
 Reduction, Franklin County Road    Logan UT-ID PM2.5                    page number where    Matter Control
 Department to Department of        Nonattainment Area.                  the document         Measures; Franklin
 Environmental Quality (Voluntary                                        begins].             County.
 Measure).
Road Sanding Agreement, Idaho      Franklin County,           12/19/12  3/25/14 [Insert      Fine Particulate
 Transportation Department to       Logan UT-ID PM2.5                    page number where    Matter Control
 Idaho Department of                Nonattainment Area.                  the document         Measures; Franklin
 Environmental Quality (Voluntary                                        begins].             County.
 Measure).
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[FR Doc. 2014-06352 Filed 3-24-14; 8:45 am]
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