[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Rules and Regulations]
[Pages 63315-63317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24966]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R10-OAR-2020-0305; FRL-8878-02-R10]
Air Plan Approval; ID; West Silver Valley Redesignation to
Attainment for the 2012 Annual PM2.5 Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is redesignating the
West Silver Valley, Idaho nonattainment area to attainment for the 2012
annual fine particulate matter (PM2.5) National Ambient Air
Quality Standard (NAAQS). EPA is also approving a maintenance plan for
the area that demonstrates continued attainment of the 2012
PM2.5 NAAQS through the year 2031, which Idaho submitted
along with the redesignation request for inclusion into the Idaho State
Implementation Plan (SIP). Additionally, EPA is approving the 2031
motor vehicle emissions budgets included in Idaho's maintenance plan
for PM2.5, nitrogen oxides and volatile organic compounds.
EPA is taking this action pursuant to the Clean Air Act (CAA or the
Act).
DATES: This action is effective on December 16, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2020-0305. 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: Claudia Vaupel, (206) 553-6121,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to EPA.
I. Background
On June 2, 2020, Idaho submitted a request for EPA to redesignate
the West Silver Valley area to attainment for the 2012 annual
PM2.5 NAAQS under section 107(d)(3)(E) of the CAA. On
September 15, 2021, EPA proposed to approve Idaho's SIP revision (86 FR
51318). An explanation of the CAA requirements, a detailed analysis of
the submittal, and the EPA's reasons for approval were provided in the
notice of proposed rulemaking. The public comment period for this
proposed rulemaking closed on October 15, 2021. EPA received no
comments during the public comment period.
II. Final Action
EPA is redesignating the West Silver Valley 2012 annual
PM2.5 nonattainment area and is approving the associated
maintenance plan and motor vehicle emission budgets for the area. The
designation status of the West Silver Valley under 40 CFR part 81 will
be revised to attainment upon the effective date of this final action.
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, 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.);
[[Page 63316]]
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 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 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. 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 JANUARY 18, 2022. 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
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.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: November 4, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR parts 52 and 81
are 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 ``West Silver Valley PM2.5
Nonattainment Area Redesignation Request and Maintenance Plan'' to read
as follows:
Sec. 52.670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of SIP provision or nonattainment submittal EPA approval date Comments
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
West Silver Valley PM2.5 West Silver Valley, 6/2/2020 11/16/2021, [INSERT ..................
Maintenance Plan. ID. FEDERAL REGISTER
CITATION].
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.313 amend in the table entitled ``Idaho--2012 Annual PM
2.5 NAAQS'' by revising the entry for ``Shoshone County
(part)'' to read as follows:
Sec. 81.313 Idaho.
* * * * *
Idaho--2012 Annual PM2.5 NAAQS
[Primary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area \1\ -----------------------------------------------------------------------------
Date \2\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
West Silver Valley, ID:
[[Page 63317]]
Shoshone County (part)........ 11/16/2021 Attainment...........
That portion of Shoshone
County, which is
described as follows:
T50N, R02E, Sections 14,
15, 22-27, 29-36; T49N,
R01E, Sections 2, 11-14,
23-26, 35, 36 and
Sections 10,15, 22, 27,
34 east of Kootenai
County boundary; T49N,
R02E, Sections 1-36;
T49N, R03E, Sections 7,
13-36; T49N, R04E,
Sections 19, 30, 31;
T48N, R01E, Sections 1,
2, 11-14, 22-27, 34-36
and Sections 3, 10, 15
east of Kootenai County
boundary; T48N, R02E,
Sections 1-36; T48N,
R03E, Sections 2-10, 16-
20, 30, 31; T48N, R03E,
Section 1, NWNW, SWNW,
NWSW, SWSW; T48N, R03E,
Section 11, NW\1/4\, NE\1/
4\, NWSW, NESW, NWSE,
NESE; T48N, R03E, Section
12, NWNW, SWNW, NWSW;
T47N, R01E, Sections 1-3,
10-15, 22-27; T47N, R02E,
Sections 1-23, 28-30;
T47N, R03E, Sections 5-8,
17, and 18.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.
* * * * *
[FR Doc. 2021-24966 Filed 11-15-21; 8:45 am]
BILLING CODE 6560-50-P