[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40662-40664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0715, FRL-9913-28-Region-10]


Approval and Promulgation of Implementation Plans; Idaho: 
Infrastructure Requirements for the 1997 and 2006 Fine Particulate 
Matter and 2008 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Clean Air Act (CAA) requires that each state, after a new 
or revised National Ambient Air Quality Standard (NAAQS) is 
promulgated, review their State Implementation Plan (SIP) to ensure 
that it meets the infrastructure requirements necessary to implement 
the new or revised standard. The Environmental Protection Agency (EPA) 
finds that the Idaho SIP meets the infrastructure requirements of the 
CAA for the NAAQS promulgated for fine particulate matter 
(PM2.5) on July 18, 1997 and October 17, 2006, and for ozone 
on March 12, 2008. The EPA also finds that the Idaho SIP meets the 
interstate transport requirements of the CAA related to prevention of 
significant deterioration and visibility for the 2006 PM2.5 
and 2008 ozone NAAQS.

DATES: This final rule is effective on August 13, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2011-0715. 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 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. 
Information is organized as follows:

Table of Contents

I. Background
II. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On September 15, 2008, June 28, 2010, and August 10, 2011, Idaho 
made submissions to the EPA demonstrating that the Idaho SIP meets the 
infrastructure requirements of the CAA for the 1997 PM2.5, 
2006 PM2.5, and 2008 ozone NAAQS. On March 26, 2014, we 
proposed action on these submissions (79 FR 16711). On April 15, 2014, 
we made a correction to our proposal because we supplied an incorrect 
docket number in our proposed action (79 FR 21179). However, any 
commenter wishing to submit comments did not need to resubmit them, 
because we routed the comments to the correct docket.
    An explanation of the CAA requirements and implementing regulations 
that are met by these SIP submissions, a detailed explanation of the 
submissions, and the EPA's reasons for the proposed action were 
provided in the notice of proposed rulemaking on March 26, 2014, and 
will not be restated here (79 FR 16711). The public comment period for 
our proposed action ended on April 25, 2014, and we received one 
comment.

II. Response to Comment

    Comment: We received the following anonymous comment through the 
www.regulations.gov Web site: ``When

[[Page 40663]]

the EPA can stop all the toxic emissions from the multitudes of 
volcanos on the earth, then and only then will I give up my wood 
stove!! You people need to stop telling us how to live. My taxes pay 
your wages and I think your organization needs to be dismantled!''
    Response: Under section 110 of the CAA, states are responsible for 
developing provisions to address air pollution for incorporation into 
the SIP. The EPA's role is to evaluate these state choices to determine 
if the revisions meet the requirements of the CAA. Furthermore, under 
section 116 of the CAA, states have authority to adopt or enforce 
standards or requirements for the control or abatement of air pollution 
(except as specifically limited by the CAA). The EPA must approve state 
submissions so long as they meet the minimum requirements established 
by the CAA. Union Electric Co. v. EPA, 427 U.S. 246 (1976). To the 
extent that the commenter wants to influence these state choices, the 
comments are best submitted during the state public comment period, 
rather than as part of the EPA's approval or disapproval process. We 
have determined that the provisions selected by Idaho for inclusion in 
its SIP meet the CAA infrastructure requirements for the 1997 and 2006 
fine particulate matter and 2008 ozone standards. We provided a copy of 
the comment to Idaho Department of Environmental Quality for 
consideration during future state rulemaking, but we are otherwise 
taking no further action on the comment.

III. Final Action

    The EPA finds that the Idaho SIP meets the following CAA section 
110(a)(2) infrastructure elements for the 1997 PM2.5, 2006 
PM2.5, and 2008 ozone NAAQS: (A), (B), (C), (D)(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M). We also find that the Idaho SIP 
meets the requirements of CAA section 110(a)(2)(D)(i)(II) as it applies 
to prevention of significant deterioration and visibility for the 2006 
PM2.5 and 2008 ozone NAAQS. This action is being taken under 
section 110 of the CAA.

IV. 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 September 12, 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)).

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

List of Subjects in 40 CFR Part 52

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

    Dated: June 16, 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. In Sec.  52.670, the table in paragraph (e) is amended by adding 
three entries at the end of the table for ``Section 110(a)(2) 
Infrastructure Requirements for the 1997 PM2.5 NAAQS,'' 
``Section 110(a)(2) Infrastructure Requirements for the 2006 
PM2.5 NAAQS,'' and ``Section 110(a)(2) Infrastructure 
Requirements for the 2008 Ozone NAAQS.''
    The additions read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

[[Page 40664]]



                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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                                      Applicable
     Name of SIP  provision       geographic or  non-   State submittal    EPA approval date       Comments
                                    attainment area          date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure  State-wide........  9/15/2008; 6/28/    7/14/2014 [Insert   This action
 Requirements for the 1997 PM2.5                       2010.               page number where   addresses the
 NAAQS.                                                                    the document        following CAA
                                                                           begins].            elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
Section 110(a)(2) Infrastructure  State-wide........  6/28/2010; 8/10/    7/14/2014 [Insert   This action
 Requirements for the 2006 PM2.5                       2011.               page number where   addresses the
 NAAQS.                                                                    the document        following CAA
                                                                           begins].            elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(i)(II),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
Section 110(a)(2) Infrastructure  State-wide........  6/28/2010.........  7/14/2014 [Insert   This action
 Requirements for the 2008 Ozone                                           page number where   addresses the
 NAAQS.                                                                    the document        following CAA
                                                                           begins].            elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(i)(II),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
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[FR Doc. 2014-16299 Filed 7-11-14; 8:45 am]
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