[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16131-16133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05847]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0950, FRL-9395-01-R10]


Air Plan Approval; ID, Incorporation by Reference Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
an update to the Idaho State Implementation Plan (SIP) submitted on 
October 12, 2021. The submission updates the incorporation by reference 
of the national ambient air quality standards (NAAQS) and other Federal 
provisions into the Idaho SIP as of July 1, 2020. Idaho undertakes 
regular updates to ensure State air rules and the SIP remain consistent 
with Federal air program requirements.

DATES: Comments must be received on or before April 21, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0950, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be

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edited or removed from https://www.regulations.gov. The EPA may publish 
any comment received to its public docket. Do not electronically submit 
any information you consider to be Confidential Business Information 
(CBI) or other information the disclosure of which is restricted by 
statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357 or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the use of ``we'' 
and ``us'' is intended to refer to the EPA.

Table of Contents

I. Background
II. Evaluation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Section 110 of the Clean Air Act specifies the general requirements 
for states to submit SIPs to attain and maintain the NAAQS and the 
EPA's actions on such submissions. To efficiently adopt and implement 
the NAAQS and related requirements, Idaho incorporates certain Federal 
regulations by reference into the Idaho air rules (IDAPA 58.01.01) at 
IDAPA 58.01.01.107.03 Incorporation by Reference. Idaho then submits 
some of those provisions to the EPA for approval and codification into 
the Code of Federal Regulations (CFR) at 40 CFR part 52, subpart N 
(Idaho SIP). When Federal regulations are revised, Idaho updates the 
date by which the regulations are incorporated by reference and submits 
the updates to the EPA for approval.

II. Evaluation

    The current Idaho SIP incorporates the following regulations by 
reference, as of July 1, 2019, at IDAPA 58.01.01.107.03, paragraphs a 
through e:
     National Primary and Secondary Ambient Air Quality 
Standards, 40 CFR part 50;
     Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, 40 CFR part 51, with the exception of certain 
visibility-related provisions;
     Approval and Promulgation of Implementation Plans, 40 CFR 
part 52, subparts A and N, and appendices D and E;
     Ambient Air Monitoring Reference and Equivalent Methods, 
40 CFR part 53; and
     Ambient Air Quality Surveillance, 40 CFR part 58.
    On October 12, 2021, Idaho submitted updates to the SIP to 
incorporate these regulations by reference as of July 1, 2020. Between 
July 1, 2019 and July 1, 2020, most of these incorporated Federal 
regulations did not change. However, the EPA did revise 40 CFR part 52 
subpart N to approve three Idaho SIP revisions. See 84 FR 45918, 
September 3, 2019; 84 FR 67189, December 9, 2019; and 85 FR 9664, 
February 20, 2020. In addition, the EPA revised 40 CFR part 58 to delay 
the implement of revised photochemical assessment monitoring systems. 
See 85 FR 834, January 8, 2020.
    After reviewing the submitted updates, we have made the preliminary 
determination that the updates are consistent with Clean Air Act 
requirements.

III. Proposed Action

    The EPA proposes to approve and incorporate by reference the 
updates to the Idaho SIP submitted on October 12, 2021. Upon final 
approval, the Idaho SIP will include IDAPA 58.01.01.107.03, paragraphs 
a through e, State effective June 17, 2021, which, as discussed in 
section II of this preamble, incorporate by reference the specified 
Federal regulations as of July 1, 2020.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the provisions described in section III of this preamble. The 
EPA has made, and will continue to make, these documents generally 
available through https://www.regulations.gov and at the EPA Region 10 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

V. 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 proposed 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 proposed 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.);
     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 the 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).
    In addition, this proposed rulemaking would not apply on any Indian 
reservation land or in any other area in

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Idaho where the EPA or an Indian tribe has demonstrated that a tribe 
has jurisdiction. In those areas of Indian country, the proposed rule 
would not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

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

    Dated: March 15, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022-05847 Filed 3-21-22; 8:45 am]
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