[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Rules and Regulations]
[Pages 33697-33699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14988]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2017-0571; FRL-9996-57-Region 10]


Approval and Promulgation of State Implementation Plans; Idaho; 
Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to

[[Page 33698]]

the Idaho Regional Haze State Implementation Plan (SIP) submitted by 
the State on June 28, 2016. Idaho submitted its Regional Haze Progress 
Report (``progress report'' or ``report'') and a negative declaration 
stating that further revision of the existing regional haze SIP is not 
needed at this time. Idaho submitted both the progress report and the 
negative declaration in the form of implementation plan revisions as 
required by Federal regulations. The progress report addresses the 
Federal Regional Haze Rule requirements under the Clean Air Act to 
submit a report describing progress in achieving reasonable progress 
goals established for regional haze and a determination of the adequacy 
of the State's existing plan addressing regional haze.

DATES: This action is effective on August 14, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2017-0571. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure 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 through https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: John Chi (206) 553-1185, 
[email protected], EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, 
Washington 98101.

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

I. Background Information

    On April 5, 2019, the EPA proposed to approve Idaho's Regional Haze 
Progress Report (84 FR 13582). An explanation of the Clean Air Act 
requirements, a detailed analysis of the submittal, 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 May 6, 2019. We received no comments on our 
proposed rulemaking. We note that, in the preamble of our proposed 
rulemaking, we made two typographical errors. In our summary of Idaho's 
submittal, we labeled ``Selway-Bitterroot Wilderness'' as ``Hells 
Canyon Wilderness'' by mistake in two places (84 FR 13582, at page 
13582, column 3; and page 13583, column 1). These errors in our 
description of Idaho's submittal are minor and do not impact the 
approvability of Idaho's Regional Haze Progress Report. We also 
provided Idaho's full submittal in the docket for the action. 
Therefore, we are finalizing our action as proposed.

II. Final Action

    The EPA is approving the Idaho Regional Haze Progress Report, 
submitted on June 28, 2016, as meeting the applicable requirements of 
the Clean Air Act and the Federal Regional Haze Rule, as set forth in 
40 CFR 51.308(g). The EPA has determined that the existing regional 
haze SIP is adequate to meet the State's visibility goals and requires 
no substantive revision at this time, as set forth in 40 CFR 51.308(h). 
We have also determined that Idaho fulfilled the requirements in 40 CFR 
51.308(i) regarding State coordination with Federal Land Managers.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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);
     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 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 September 13, 2019. 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

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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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Visibility, Volatile organic compounds.

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

    Dated: June 27, 2019.
Chris Hladick,
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 
entry at the end of the table for ``Regional Haze 5-Year Progress 
Report'' 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 geographic       State
     Name of SIP provision       or nonattainment area  submittal date   EPA approval date        Comments
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                                                  * * * * * * *
Regional Haze 5-Year Progress    State-wide...........       6/28/2016  7/15/2019, [Insert
 Report.                                                                 Federal Register
                                                                         citation].
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[FR Doc. 2019-14988 Filed 7-12-19; 8:45 am]
 BILLING CODE 6560-50-P