[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37025-37027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16614]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0067; FRL-9965-67-Region 10]


Air Plan Approvals, Idaho: Logan Utah/Idaho PM2.5 Nonattainment 
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to Idaho's State Implementation Plan (SIP) submitted in 2012 
and 2014 to address Clean Air Act (CAA) requirements for the Idaho 
portion of the Logan, Utah-Idaho fine particulate matter 
(PM2.5) nonattainment area (Logan UT-ID area). Based on 
newly available air quality monitoring data, the EPA is approving 
Idaho's attainment demonstration and approving Idaho's 2014 Motor 
Vehicle Emissions Budgets (MVEBs) as early progress budgets. 
Additionally, the EPA is conditionally approving Reasonable Further 
Progress (RFP), Quantitative Milestones (QMs), and revised MVEBs for 
the Idaho portion of the nonattainment area, based on Idaho's 
commitment to adopt and submit updates to these attainment plan 
elements within one year of the effective date of this final action.

DATES: This final rule is effective September 7, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2015-0067. 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 and Waste, 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: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 
1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone number: (206) 
553-0256; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background Information
II. Final Action
III. Statutory and Executive Orders Review

I. Background Information

    On June 1, 2017, the EPA proposed to approve Idaho's attainment 
demonstration and 2014 MVEBs as early progress budgets (82 FR 25208). 
As part of the same action, the EPA also proposed to conditionally 
approve RFP, QMs, and revised MVEBs for the Idaho portion of the 
nonattainment area. An explanation of the CAA requirements, a detailed 
analysis of the submittals, and the EPA's reasons for proposing 
approval were provided in the notice of proposed rulemaking, and will 
not be restated here. The public comment period for the proposal ended 
July 3, 2017. We received no comments.

II. Final Action

    For the reasons set forth in the proposed rulemaking for this 
action, the EPA is approving the attainment demonstration in Idaho's 
2012 and 2014 revisions to the SIP (Idaho attainment plan) for the 
Idaho portion of the Logan UT-ID area. The EPA is also approving the 
2014 MVEBs as early progress budgets, in that they are consistent with 
making progress toward attainment of the 24-hour 2006 PM2.5 
National Ambient Air Quality Standards by December 31, 2015. Lastly, 
the EPA is conditionally approving RFP, QMs, and revised MVEBs in the 
Idaho attainment

[[Page 37026]]

plan, based on Idaho's April 25, 2017 commitment to adopt and submit 
updated plan elements to meet these requirements. Under a conditional 
approval, the State must adopt and submit the specific revisions it has 
committed to by a date certain but not later than one year of this 
final action.\1\ If the EPA fully approves the submittal of the 
revisions specified in the commitment letter, the conditional nature of 
the approval would be removed and the submittal would become fully 
approved. If the State does not submit these revisions by the date 
specified in the April 25, 2017 commitment letter, or if the EPA finds 
the State's revisions to be incomplete, or EPA disapproves the State's 
revisions, a conditional approval will convert to a disapproval. If any 
of these occur and the EPA's conditional approval converts to a 
disapproval, that will constitute a disapproval of a required plan 
element under part D of title I of the Act, which starts an 18-month 
clock for sanctions, see section 179(a)(2), and the two-year clock for 
a Federal Implementation Plan (FIP), see CAA section 110(c)(1)(B).
---------------------------------------------------------------------------

    \1\ In IDEQ's April 25, 2017 commitment letter, IDEQ committed 
to submit revisions by August 1, 2018.
---------------------------------------------------------------------------

III. Statutory and Executive Orders Review

    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 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 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).
    The SIP is not approved to apply on any Indian reservation land in 
Idaho and is also not approved to apply 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 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 10, 2017. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 24, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
    For the reasons set forth in the preamble, 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 an 
additional entry at the end of the table for ``Fine Particulate Matter 
Attainment Plan.''
    The addition reads as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

[[Page 37027]]



                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State       EPA approval date          Comments
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Fine Particulate Matter          Franklin County,    12/19/2012; 12/ 8/8/2017, [Insert   Approved: moderate area
 Attainment Plan.                 Logan UT-ID PM2.5         24/2014   Federal Register    attainment
                                  Nonattainment                       citation].          demonstration and 2014
                                  Area.                                                   reasonable further
                                                                                          progress motor vehicle
                                                                                          emissions budgets.
                                                                                          Conditional Approval:
                                                                                          reasonable further
                                                                                          progress, quantitative
                                                                                          milestone, motor
                                                                                          vehicle emission
                                                                                          budget requirements.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-16614 Filed 8-7-17; 8:45 am]
 BILLING CODE 6560-50-P