[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18426-18428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0719, FRL-10254-02-R10]


Air Plan Approval; ID; Incorporation by Reference Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Idaho State Implementation Plan (SIP) submitted on May 
4, 2022. The submission updates the incorporation by reference of the 
national ambient air quality standards and related planning and 
monitoring requirements into the Idaho air quality rules as of July 1, 
2021. Idaho undertakes such updates regularly to ensure the state air 
quality rules and the federally enforceable Idaho SIP remain consistent 
with EPA air quality regulations over time.

DATES: This final rule is effective April 28, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2022-0719. 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., 
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 will be 
publicly available only in hard copy form. Publicly available docket 
materials are available at https://www.regulations.gov, or please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Kristin Hall (15-H13), EPA Region 10, 
1200 Sixth Avenue (Suite 155), Seattle, WA 98101, (206) 553-6357, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' is used, it refers to the EPA.

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    On May 4, 2022, Idaho submitted updates to the SIP to incorporate 
the national ambient air quality standards and other Federal 
regulations by reference as of July 1, 2021. The SIP revision, state 
effective March 24, 2022, includes specific air quality regulations 
codified in the Idaho Rules for the Control of Air Pollution (IDAPA 
58.01.01). On December 19, 2022, the EPA proposed to approve the 
submitted SIP revision (87 FR 77544). The reasons for our proposed 
approval are included in the proposal and will not be restated here. 
The public comment period closed on January 18, 2023. We received no 
public comments. Therefore, we are finalizing the action as proposed.

II. Final Action

    The EPA is approving and incorporating by reference revisions to 
the Idaho SIP submitted on May 4, 2022. Upon the effective date of this 
action, the Idaho SIP will include IDAPA 58.01.01.107 Incorporation by 
Reference, subsection 03, paragraphs a through e, state effective March 
24, 2022. This provision incorporates the national ambient air quality 
standards and related planning and monitoring requirements as of July 
1, 2021.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, we are finalizing the incorporation by reference of Idaho 
regulatory provisions described in section II of this preamble and set 
forth below in the amendments to 40 CFR part 52. The EPA has made, and 
will continue to make, these materials 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). Therefore, these 
materials have been approved by the EPA for inclusion in the SIP, have 
been incorporated by reference by the EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the Clean Air Act 
as of the effective date of the final rule of the EPA's approval, and 
will be

[[Page 18427]]

incorporated by reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. 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);
     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); and
     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.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submittal; the Clean Air Act and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. The EPA did not perform an EJ analysis and did not 
consider EJ in this action. Due to the nature of this action, it is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of Executive Order 12898 of achieving environmental justice 
for people of color, low-income populations, and Indigenous peoples.
    In addition, 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 May 30, 2023. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 22, 2023.
Casey Sixkiller,
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, amend the table in paragraph (c) by revising entry 
``107'' to read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

[[Page 18428]]



                                   EPA Approved Idaho Regulations and Statutes
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                                                        State
      State citation            Title/subject      effective date     EPA approval date         Explanations
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      Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
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107......................  Incorporation by             3/24/2022  3/29/2023, [INSERT      Except Section
                            Reference.                              FEDERAL REGISTER        107.03.f through
                                                                    CITATION].              107.03.p.
 
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[FR Doc. 2023-06357 Filed 3-28-23; 8:45 am]
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