[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Rules and Regulations]
[Pages 9664-9666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02744]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0597; FRL-10005-17-Region 10]


Air Plan Approval; ID: Idaho Portion of the Logan UT-ID 2006 24-
Hour PM2.5 Nonattainment Area; Moderate Plan Elements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Idaho State Implementation Plan 
(SIP) submitted on July 31, 2018. The submission includes Reasonable 
Further Progress and Quantitative Milestone attainment plan elements, 
along with updated Motor Vehicle Emissions Budgets, for the Idaho 
portion of the Logan, Utah-Idaho fine particulate matter 
(PM2.5) nonattainment area (Logan UT-ID area). The EPA's 
prior conditional approval for these elements will be removed and these 
elements are now fully approved.

DATES: The final rule is effective March 23, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2018-0597, at https://www.regulations.gov. 
All documents in the docket are listed on the https://www.regulations.gov website. 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, (206) 553-0340, 
[email protected].

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

Table of Contents

I. Background

[[Page 9665]]

II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On December 14, 2012 and December 24, 2014, the Idaho Department of 
Environmental Quality (IDEQ) submitted attainment plan elements 
designed to attain the 2006 24-hour PM2.5 National Ambient 
Air Quality Standards (NAAQS) in the Idaho portion of the Logan UT-ID 
area. On January 4, 2017, the EPA approved Idaho's control measures as 
meeting Reasonably Available Control Measures/Technology (RACM/RACT), 
disapproved the attainment plan submission for contingency measures, 
and deferred action on the attainment demonstration, Reasonable Further 
Progress (RFP), Quantitative Milestone (QM), and Motor Vehicle 
Emissions Budgets (MVEB) requirements (82 FR 729). Following our 
January 4, 2017, action, in an April 25, 2017 letter, Idaho committed 
to further address the RFP, QM, and MVEB requirements by August 1, 
2018. Because Idaho committed to address these requirements within one 
year, in specific ways that the EPA considered appropriate, the EPA 
conditionally approved the RFP, QM, and MVEB elements of the Idaho 
attainment plan on August 8, 2017 (82 FR 37025). In that same action, 
we also finalized approval of the Idaho attainment demonstration and 
the 2014 MVEBs as early progress budgets. Based on quality-assured, 
quality-controlled data for the period 2015-2017 showing that the area 
attained the 2006 24-hour PM2.5 NAAQS, on October 19, 2018, 
the EPA finalized a determination of attainment by the attainment date 
and clean data determination for the Logan UT-ID area (83 FR 52983).
    On July 31, 2018, Idaho submitted a SIP revision to further address 
the RFP, QM, and MVEB elements that the EPA conditionally approved on 
August 8, 2017 (Cache SIP Amendment or submission). The submission can 
be found in the docket for this action. On October 15, 2019, the EPA 
proposed to approve the RFP and QM elements and revised MVEBs in this 
submission as meeting the requirements of the CAA and the EPA's 
implementing regulations (84 FR 55100). Please see our proposed 
rulemaking for further explanation and the basis for our finding. The 
public comment period for this proposal ended on November 14, 2019. No 
comments were submitted.

II. Final Action

    The EPA is approving the RFP and QM elements and revised MVEBs in 
the Cache SIP Amendment. In taking this final action, the EPA's prior 
conditional approval is removed, and these elements are now fully 
approved.

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 April 20, 2020. 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: January 28, 2020.
Chris Hladick,
Regional Administrator, Region 10.

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

[[Page 9666]]

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, amend the table in paragraph (e), under the heading 
``Chapter VIII--Nonattainment Area Plans,'' by removing the two entries 
entitled ``Fine Particulate Matter Attainment Plan'' and adding an 
entry at the end of the table entitled ``Cache Valley Fine Particulate 
Matter Attainment Plan'' to read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

                   EPA-Approved Idaho Non-Regulatory Provisions and Quasi-Regulatory Measures
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                                  Applicable
                                geographic or                                     EPA approval
    Name of SIP  provision      nonattainment        State submittal date             date           Comments
                                     area
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                                                  * * * * * * *
Cache Valley Fine Particulate  Franklin         12/19/2012, 12/24/2014, 7/31/   1/4/2017, 82 FR
 Matter Attainment Plan.        County, Logan    2018.                           729; 8/8/2017,
                                UT-ID PM2.5                                      82 FR 37025; 2/
                                Nonattainment                                    20/2020,
                                Area.                                            [Insert
                                                                                 Federal
                                                                                 Register
                                                                                 citation].
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[FR Doc. 2020-02744 Filed 2-19-20; 8:45 am]
 BILLING CODE 6560-50-P