[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]



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 

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 

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, 
     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. 
    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:


1. The authority citation for part 52 continues to read as follows:

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

Subpart N--Idaho

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


3. The authority citation for part 81 continues to read as follows:

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

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
                                                 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]