[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Rules and Regulations]
[Pages 27017-27019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10452]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0855; FRL-9946-00-Region 10]


Approval and Promulgation of Implementation Plans; Idaho: 
Interstate Transport Requirements for the 2010 Nitrogen Dioxide 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a submittal by the Idaho Department of Environmental 
Quality (Idaho DEQ) demonstrating that the State Implementation Plan 
(SIP) meets certain interstate transport requirements of the Clean Air 
Act (CAA) for the National Ambient Air Quality Standards (NAAQS) 
promulgated for nitrogen dioxide (NO2) on January 22, 2010. 
Specifically, the Idaho DEQ reviewed monitoring and modeling data to 
show that sources within Idaho do not significantly contribute to 
nonattainment, or interfere with maintenance, of the NO2 
NAAQS in any other state.

DATES: This action is effective on June 6, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2015-0855. 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 is publicly 
available only in hard copy form. Publicly available docket materials 
are available at http://www.regulations.gov or at EPA Region 10, Office 
of Air, Waste and Toxics, 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: For information please contact John 
Chi at (206) 553-1185, or [email protected].

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

[[Page 27018]]

Table of Contents

I. Background
II. Response to Comment
III. Final Action
IV. Statutory and Executive Orders Review

I. Background

    In a notice of proposed rulemaking published on February 12, 2016 
(81 FR 7489), the EPA proposed to find that the Idaho SIP adequately 
addressed the interstate transport requirements of CAA section 
110(a)(2)(D)(i)(I) for the 2010 NO2 NAAQS. Please see our 
February 12, 2016, proposed rulemaking for further explanation and the 
basis for our finding. The public comment period for the proposed rule 
ended on March 14, 2016, and we received one comment.

II. Response to Comment

    Comment: The commenter stated that the implementation of this law 
is crucial in Idaho because of the pollution coming from farming 
communities and cities and suggested lowering the allowed 
NO2 standard because of the small population of people that 
live in Idaho, when compared to Utah. The commenter proposed that the 
amount of pollution produced by each person should be made a standard 
and that companies should be held accountable for the pollution they 
produce. Although the commenter supports approval, the commenter 
believes that the law should have stricter requirements.
    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. 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). 
In this case, the state's submission included provisions selected by 
Idaho for inclusion in its SIP to meet the CAA section 
110(a)(2)(D)(i)(I) interstate transport requirements for the 2010 
NO2 NAAQS. The commenter does not suggest that the state's 
submission does not meet the applicable requirements. We have 
determined that the state's submission met those requirements, and thus 
we are approving the SIP. 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) under section 116 of the 
CAA, so 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 in response to the 
comment.

III. Final Action

    The EPA finds that the Idaho SIP meets the interstate transport 
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2010 
NO2 NAAQS. This action is being taken under section 110 of 
the CAA.

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, 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 Clean Air Act. 
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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 Clean Air Act; 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and it will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 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 July 5, 2016. 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, Nitrogen dioxide, Reporting and 
recordkeeping requirements.

    Dated: April 25, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

[[Page 27019]]

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 an 
entry at the end of the table for ``Interstate Transport Requirements 
for the 2010 NO2 NAAQS'' 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 non-  State submittal   EPA Approval date         Comments
                                    attainment area          date
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                                                  * * * * * * *
Interstate Transport              State-wide.........      12/24/2015   5/5/2016 [Insert     This action
 Requirements for the 2010 NO2                                           Federal Register     addresses the
 NAAQS.                                                                  citation].           following CAA
                                                                                              elements:
                                                                                              110(a)(2)(D)(i)(I)
                                                                                              .
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[FR Doc. 2016-10452 Filed 5-4-16; 8:45 am]
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