[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Rules and Regulations]
[Pages 57132-57133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25930]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0856; FRL-9971-33-Region 10]


Air Plan Approval; ID; 2012 PM2.5 Standard Infrastructure 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Whenever a new or revised National Ambient Air Quality 
Standard (NAAQS) is promulgated, each state must submit a plan for the 
implementation, maintenance and enforcement of such standard--commonly 
referred to as infrastructure requirements. The Environmental 
Protection Agency (EPA) finds that the Idaho State Implementation Plan 
(SIP) meets the infrastructure requirements for the 2012 fine 
particulate matter (PM2.5) NAAQS.

DATES: This final rule is effective January 3, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2015-0856. All documents in the docket are 
listed on the https://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 https://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: Matthew Jentgen, 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) 553-0340; 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 December 23, 2015, Idaho submitted a certification that the 
Idaho SIP meets the infrastructure requirements of Clean Air Act (CAA) 
sections 110(a)(1) and (2) for the 2012 PM2.5 NAAQS. On 
September 12, 2017, the EPA proposed to approve the submission as 
meeting certain infrastructure requirements (82 FR 42772). Please see 
our proposed rulemaking for further explanation and the basis for our 
finding. The public comment period for this proposal ended on October 
12, 2017. We received comments in support of this action and the Idaho 
Department of Environmental Quality.

II. Final Action

    The EPA finds that the Idaho SIP meets the following CAA section 
110(a)(2) infrastructure elements for the 2012 PM2.5 NAAQS: 
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M). This action is being taken under section 110 of the CAA.

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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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).
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 2, 2018. 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

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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: November 15, 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:
0
a. Revising the entry entitled ``Idaho State Board SIP Revision; 
Executive Order 2013-06; dated June 26, 2013''.
0
b. Adding an entry at the end of the table for ``Section 110(a)(2) 
Infrastructure Requirements--2012 PM2.5 NAAQS''.
    The revision and addition 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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                                                  * * * * * * *
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                                     Chapter VIII--Nonattainment Area Plans
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                                                  * * * * * * *
Idaho State Board SIP Revision;  State-wide........       9/16/2013  10/24/2013, 78 FR   To satisfy the
 Executive Order 2013-06; dated                                       63394.              requirements of CAA
 June 26, 2013.                                                                           section 128(a)(1) and
                                                                                          CAA section
                                                                                          110(a)(2)(E)(ii) for
                                                                                          all criteria
                                                                                          pollutants. Renewed on
                                                                                          December 14, 2016,
                                                                                          expiring December 14,
                                                                                          2020, unless renewed
                                                                                          by subsequent
                                                                                          Executive Order. See
                                                                                          Executive Order 2016-
                                                                                          07.
 
                                                  * * * * * * *
Section 110(a)(2)                State-wide........      12/23/2015  12/4/2017, [insert  Approves SIP for
 Infrastructure Requirements--                                        Federal Register    purposes of CAA
 2012 PM2.5 NAAQS.                                                    citation].          sections 110(a)(2)(A),
                                                                                          (B), (C), (D)(i)(II),
                                                                                          (D)(ii), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M) for the
                                                                                          2012 PM2.5 NAAQS.
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[FR Doc. 2017-25930 Filed 12-1-17; 8:45 am]
 BILLING CODE 6560-50-P