[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Proposed Rules]
[Pages 19030-19034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06461]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2023-0012, FRL-10612-01-R10]


Air Plan Approval; Idaho: Inspection and Maintenance Program 
Removal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
revisions to the Idaho State Implementation Plan (SIP) submitted by the 
State of Idaho (Idaho or the State) on December 29, 2022. The proposed 
revision, applicable in the Boise-Northern Ada County Carbon Monoxide 
area (Northern Ada County CO area) in Idaho, removes the Inspection and 
Maintenance (I/M) program, which was previously approved into the SIP 
for use as a control measure in the State's plan to address motor 
vehicle emissions in the nonattainment area. The SIP submission 
includes a demonstration that the requested revision will not interfere 
with attainment or maintenance of any national ambient air quality 
standard (NAAQS) or with any other applicable requirement of the Clean 
Air Act (CAA or Act). The EPA evaluated whether this SIP revision would 
interfere with the requirements of the CAA and is proposing to 
determine that Idaho's December 29, 2022, SIP revision is consistent 
with the applicable portions of the CAA.

DATES: Comments must be received on or before May 1, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2023-0012, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from 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: Claudia Vaupel, EPA Region 10 at (206) 
553-6121, or [email protected].

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

I. Background

    Each state has a SIP containing the control measures and strategies 
used to attain and maintain the NAAQS established by the EPA for the 
six criteria pollutants (carbon monoxide (CO); nitrogen dioxide 
(NO2); ozone (O3); sulfur dioxide 
(SO2); particulate matter, both (PM2.5) and 
(PM10); and lead (Pb)). The SIP contains such elements as 
air pollution control regulations, emission inventories, attainment 
demonstrations, and enforcement mechanisms. Section 110 of the CAA 
requires each state to periodically revise its SIP. As a result, the 
SIP is a living compilation of regulatory and non-regulatory elements 
that are updated to address Federal requirements and changing air 
quality issues in the state.
    Idaho has implemented a mandatory motor vehicle I/M program as part 
of the Northern Ada County CO area SIP since the 1980s. (See 50 FR 
23810, June 6, 1985). On March 3, 1978, the EPA designated the Northern 
Ada County CO area as nonattainment for the 1971 CO NAAQS (43 FR 8962). 
Under CAA section 107(d)(1)(C), the nonattainment designation for the 
Northern Ada County CO area was retained by operation of law following 
enactment of the Clean Air Act Amendments of 1990 (56 FR 56818, 
November 6, 1991).\1\
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    \1\ Under CAA section 107(d)(1)(C), any area that was designated 
nonattainment before enactment of the Clean Air Act Amendments of 
1990 was to retain the designation upon enactment by operation of 
law. The CO nonattainment areas that had not violated the CO 
standard in either year of the two-year period 1988-1989 were to be 
designated nonattainment with the classification ``not classified.'' 
Accordingly, on November 6, 1991, the Boise-Northern Ada County CO 
area was designated nonattainment for the CO NAAQS by the EPA with a 
classification of ``not-classified'' (56 FR 56818, November 6, 
1991).
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    On January 17, 2002, Idaho submitted a request to the EPA to 
redesignate the Northern Ada County CO area to attainment. In 
accordance with CAA section 175A(a), at the same time Idaho submitted 
the redesignation request, Idaho submitted a maintenance plan to 
maintain the CO NAAQS for 10 years after redesignation. The EPA 
redesignated the Northern Ada County CO area to attainment for the CO 
NAAQS on October 28, 2002, and approved Idaho's 10-year maintenance 
plan. (See 67 FR 65713). In accordance with CAA section 175A(b), Idaho 
submitted a second maintenance plan to maintain the CO NAAQS for 
another 10 years following the conclusion of the first 10-year 
maintenance period. On August 2, 2012, the EPA approved Idaho's 
maintenance plan to maintain the CO NAAQS for a second 10-year period 
in the Northern Ada County CO area (See 77 FR 45962). Accordingly, 
pursuant to CAA section 175A, the 20-year maintenance period for the 
Northern Ada County CO area ended on December 27, 2022. Although the 
CAA section 175A 20-year maintenance period has expired, all control 
measures in the maintenance plan remain in effect and must be complied 
with until the state submits, and the EPA approves, a SIP revision.\2\ 
However, the CAA section 175A(d) requirement for contingency measures 
to include all control measures contained in the SIP prior to 
redesignation does not preclude the removal of control measures once 
the second 10-year maintenance plan period has expired.\3\
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    \2\ See ``Transportation Conformity Guidance for Areas Reaching 
the End of the Maintenance Period,'' available at: https://nepis.epa.gov/Exe/ZyPDF.cgi/P100KPP0.PDF?Dockey=P100KPP0.PDF.
    \3\ See 84 FR 2109 at pg. 2111 (February 6, 2019).
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    Table 1 of this preamble lists the local ordinances that were 
approved into the Idaho SIP as part of the Northern Ada County CO area 
maintenance plans to implement the I/M program. In the December 29, 
2022, submission, Idaho requested that the EPA remove the ordinances in 
Table 1 of this preamble from the Idaho SIP.

[[Page 19031]]



  Table 1--Local I/M Ordinances That Idaho Requests Be Removed From the
                       Northern Ada County CO SIP
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                                                           Local agency
          Local agency               Ordinance title      approval date
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Air Quality Board..............  Motor Vehicle                  1/1/2010
                                  Emissions Control
                                  Ordinance.
Ada County.....................  The 1999 Motor Vehicle        6/15/1999
                                  Emissions Control
                                  Ordinance.
City of Boise..................  The 1999 Motor Vehicle        7/20/1999
                                  Emissions Control
                                  Ordinance.
City of Eagle..................  The 1999 Motor Vehicle        4/27/1999
                                  Emissions Control
                                  Ordinance.
City of Garden City............  The 1991 Vehicle              8/13/1996
                                  Emission Control
                                  Ordinance.
City of Meridian...............  The 1999 Motor Vehicle         6/1/1999
                                  Emissions Control
                                  Ordinance.
------------------------------------------------------------------------

    On December 29, 2022, Idaho submitted a SIP revision to the EPA 
that removes the I/M program from the Northern Ada County CO area SIP.

II. Requirements of CAA Section 110(l)

    CAA section 110(l) provides that ``. . . The Administrator shall 
not approve a revision of a plan if the revision would interfere with 
any applicable requirement concerning attainment and reasonable further 
progress (as defined in [CAA section 171]) or any other applicable 
requirement of [the CAA].'' 42 U.S.C. 7410(l). CAA section 110(l) 
applies to all requirements of the CAA and to all areas of the country, 
whether attainment, nonattainment, unclassifiable or maintenance for 
one or more of the six criteria pollutants. Before the EPA can conclude 
that the SIP revision is allowed under CAA section 110(l), the EPA must 
first conclude that the particular plan revision meets CAA 
requirements.\4\
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    \4\ Hall v. EPA, 273 F.3d 1146, 1160 (9th Cir. 2001).
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    The EPA interprets CAA section 110(l) as applying to all NAAQS that 
are in effect, including those for which SIP submissions have not been 
made, therefore the EPA considers the impact of the SIP revision on 
emissions and/or ambient concentrations of any pollutant. Additionally, 
in certain circumstances a state may demonstrate non-interference with 
CAA applicable requirements by substituting equivalent emissions 
reductions to compensate for any change to a plan to ensure actual 
emissions to the air are not increased and thus preserve status quo air 
quality.\5\
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    \5\ See Hall v. EPA, 273 F.2d at 1160 n. 11; 1161 n. 12 
(reasoning that the ``no relaxation'' test would clearly be 
appropriate in areas attaining the NAAQS).
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III. Evaluation of Submission

A. Monitoring Values and Event Data

    Idaho evaluated air quality design values in the Northern Ada 
County CO area for CO, NO2, O3, SO2, 
PM2.5 and PM10.6 7 8 The design values 
included in Idaho's submission were based on the latest available data 
when the SIP revision was developed and submitted.
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    \6\ For a review of the National Ambient Air Quality Standards, 
averaging time, and form, please visit https://www.epa.gov/criteria-air-pollutants/naaqs-table.
    \7\ A design value is a statistic that describes the air quality 
status of a given location relative to the level of the National 
Ambient Air Quality Standards (NAAQS). See https://www.epa.gov/air-
trends/air-quality-design-values#:~:text=Design%20Value%20Reports-
,What%20is%20a%20Design%20Value%3F,in%2040%20CFR%20Part%2050%20.
    \8\ See the EPA's September 14, 2022, approval of Idaho's Annual 
Monitoring Network Plan, included in the docket for this action.
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    Idaho operates two CO monitoring sites in the Northern Ada County 
CO area and provided CO design values from 2017 to 2021. As shown in 
Table 2 of this preamble, the 8-hour CO design values ranged from 0.7 
parts per million (ppm) to 4.1 ppm and were well below the 9 ppm 8-hour 
CO NAAQS.\9\ The 1-hour CO design values, shown in Table 3 of this 
preamble, were also well below the 35 ppm 1-hour CO NAAQS, ranging from 
1.0 ppm to 15.9 ppm during the same time period.
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    \9\ 40 CFR 50.8.

                                   Table 2--2017-2021 CO 1-Hour Design Values
                                                      [ppm]
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             Site name                 AQS ID     2016-2017    2017-2018    2018-2019    2019-2020    2020-2021
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Meridian St. Luke's...............    160010010          1.4          1.0          1.0         1.09          1.0
Boise Eastman.....................    160010014         15.9         15.9          4.6          2.5          2.5
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                                   Table 3--2017-2021 CO 8-Hour Design Values
                                                      [ppm]
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             Site name                 AQS ID     2016-2017    2017-2018    2018-2019    2019-2020    2020-2021
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Meridian St. Luke's...............    160010010          4.1          4.1          1.6          0.9          0.9
Boise Eastman.....................    160010014          0.9          0.7          1.6          1.5          1.5
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    In the second quarter of 2019, Idaho began reporting year-round 
monitoring data for NO2 for the Northern Ada County CO area 
(AQS ID 160010010). The 1-hour NO2 design value is the 3-
year average of the 98th percentile of the 1-hour daily maximum, and 
the NO2 NAAQS is 100 parts per billion (ppb).\10\ Because 
there is not complete NO2 monitoring data for the first 
quarter of 2019, we do not have a valid NO2 design value for 
the area. However, Idaho provided the 98th percentiles for 2019, for 
quarters 2 through 4 (40.8 ppb), and for all quarters of 2020 (43.1 
ppb) and 2021 (45.1 ppb). Based on this data, Idaho calculated the 3-
year average of 98th percentile of 43 ppb, which is below the 100 ppb 
NO2 NAAQS. The annual NO2 NAAQS is calculated as 
the annual mean. The annual NO2 mean for

[[Page 19032]]

the Northern Ada County CO area was 9.84 ppb in 2021 and 9.59 ppb in 
2020. These values are well below the 53 ppb annual NO2 
NAAQS.
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    \10\ 40 CFR 50.11.
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    Idaho provided design values for the two ozone monitoring sites in 
the Northern Ada County CO area. The 2019-2021 ozone design values were 
0.065 ppm (AQS ID 160010010) and 0.063 ppm (AQS ID 160010017). These 
design values are below the 2015 8-hour ozone NAAQS of 0.070 ppm.\11\
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    \11\ 40 CFR 50.19.
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    Idaho also provided the 2019-2021 1-hour SO2 design 
value for the Northern Ada County CO area. The 2 ppb design value (AQS 
ID 160010010) is well below the 75 ppb 1-hour SO2 NAAQS.
    Idaho operates two PM2.5 monitors in the Northern Ada 
County CO area. The 2019-2021 24-hour PM2.5 design value at 
the Meridian St. Luke's monitoring site is 30 micrograms per cubic 
meter ([mu]g/m\3\) (AQS ID 160010010). This is below the 35 [mu]g/m\3\ 
24-hour PM2.5 NAAQS. The 2019-2021 annual PM2.5 
design value at this site is 7.3 [mu]g/m\3\. This is also below the 
annual 12.0 [mu]g/m\3\ PM2.5 NAAQS.\12\
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    \12\ 40 CFR 50.18.
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    Idaho operates two PM10 monitors in the Northern Ada 
County CO area. The 2019-2021 24-hour PM10 design value at 
the Boise Fire Station #5 monitoring site is 0.0 (the number of 
expected exceedances). Because of incomplete data, Idaho does not have 
valid PM2.5 or PM10 2019-2021 design values for 
the Nampa Fire Station monitoring site (AQS ID 160270002).\13\
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    \13\ Because of incomplete data, Idaho does not have valid PM 
2019-2021 design values for the Nampa Fire Station monitoring site 
(AQS ID 160270002), however, Idaho calculated estimated design 
values at that location using the available data. The estimated 24-
hour PM2.5 design value is 35 [mu]g/m\3\, and the 
estimated annual PM2.5 design value is 8.9 [mu]g/m\3\. 
The estimated PM10 design value is 0.0.
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B. Vehicle Emission Trends in Idaho

    In the December 29, 2022, SIP submission seeking removal of the I/M 
program, Idaho provided an evaluation of projected changes in on-road 
mobile source emissions through 2040. Idaho's submission shows that 
vehicle miles traveled (VMT) are projected to increase through 2040. 
However, older cars continue to be replaced with newer, cleaner models 
that have more stringent emissions controls and higher fuel 
efficiencies. Idaho explained that this fleet turnover has led to the 
I/M program achieving fewer emissions reductions each year in the 
Northern Ada County CO area. Idaho used the EPA's MOVES3 \14\ model to 
assess emissions for years 2015, 2020, 2022, 2025, 2030, 2035, and 
2040. Idaho's analysis focused on carbon monoxide (CO), nitrogen oxides 
(NOX), volatile organic compounds (VOCs), and fine 
particulate matter (PM2.5) emissions.\15\
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    \14\ The EPA's MOtor Vehicle Emission Simulator (MOVES) is a 
state-of-the-science emission modeling system that estimates 
emissions for mobile sources at the national, county, and project 
level for criteria air pollutants, greenhouse gases, and air toxics. 
See https://www.epa.gov/moves/latest-version-motor-vehicle-emission-simulator-moves.
    \15\ NOX and VOCs are precursors to ozone. Ozone is a 
criteria pollutant that is formed in photochemical reactions in the 
atmosphere involving NOX and VOCs. Onroad vehicles are 
not a significant source of Pb or PM10 emissions. 
Therefore, removal of the I/M program is not expected to interfere 
with attainment or maintenance of the Pb or PM10 NAAQS.
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    Idaho analyzed projected on-road mobile source emissions for CO, 
NOX, and VOCs in the Northern Ada County CO area and 
determined that the area will continue to see emissions decrease 
through 2040, both with and without the I/M program in effect. These 
reductions are primarily expected from fleet turnover and 
implementation of more stringent Federal motor vehicle emission 
standards in newer vehicles. Based on Idaho's projections, through 
2040, the I/M program accounts for an 11%-12% reduction in total annual 
onroad CO emissions, 2%-3% reduction in total annual onroad NOx 
emissions, and a 5% reduction in total annual VOC emissions. Based on 
these projections, even without the I/M program in place, Ada County 
CO, NOx and VOC emissions will continue to decrease.
    Idaho also estimated long-term emission reductions. Idaho used 
MOVES modeling to project emissions to an outlying year of 2040. Table 
4 of this preamble shows seasonal projected percent reductions in total 
emissions in the Northern Ada County CO area without the I/M program in 
place from 2015 to 2040 and from 2022, the last year of the I/M 
program, to 2040. For total CO and NOX emissions, Idaho 
analyzed summer season (June through August), winter season (December 
through February), and ozone season (April through September) total 
emissions. For total VOC emissions, Idaho analyzed summer and ozone 
season emissions. For PM2.5, Idaho analyzed winter season 
emissions. Idaho selected the seasons for each pollutant according to 
when emissions from motor vehicles are expected to have the highest 
concentrations. Ozone season was selected for NOX and VOCs 
because they are precursors to ozone. In the winter, multiday air 
stagnation events are common in the area and result in elevated 
concentrations for all pollutants.

Table 4--Percent Reduction in Total Emissions by Selected Seasons in the Northern Ada County CO Area Without the
                               I/M Program From 2015 to 2040 and From 2022 to 2040
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                                                                                         2015-2040    2022-2040
                   Pollutant                                    Season                      (%)          (%)
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CO............................................  Summer................................           62           46
                                                Winter................................           53           40
                                                Ozone Season..........................           63           45
NOX...........................................  Summer................................           72           48
                                                Winter................................           69           47
                                                Ozone Season..........................           72           46
VOC...........................................  Summer................................           60           36
                                                Ozone Season..........................           59           34
PM2.5.........................................  Winter................................           45           17
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    Idaho attributes the long-term emissions reductions in the area, 
without the I/M program, to more stringent Federal motor vehicle 
emissions standards in newer vehicles and continuing fleet turnover. 
Idaho notes that on-road winter PM2.5 emissions increase 
slightly starting in 2040 when projected increases in

[[Page 19033]]

population growth, vehicle population, and VMT begin to outweigh the 
emissions benefits from stricter Federal motor vehicle emissions 
standards. Idaho also notes that the MOVES3 model does not calculate 
on-road PM2.5 emissions benefits from the I/M program.
    The EPA reviewed the on-road modeling performed by Idaho. The 
emission trends analysis shows that any changes in emissions associated 
with the removal of the I/M program are expected to be relatively minor 
compared to the emission reductions associated with the turnover of 
older, higher-emitting vehicles for newer, lower-emitting vehicles.
    In summary, emissions in the Northern Ada County CO area are 
projected to decrease even if the I/M program is discontinued. This 
continued projected decrease in emissions, despite projected increases 
in VMT, is expected due to fleet turnover and more stringent Federal 
vehicle standards.

C. Conclusion

    The Northern Ada County CO area is attaining the NAAQS with current 
on-road emission levels. On-road emissions will continue to decrease as 
older vehicles are replaced with newer, lower-emitting vehicles and 
these decreases are projected to continue despite population growth due 
to Federal motor vehicle emissions standards even if this SIP revision 
is approved.
    The emission trends analysis in the SIP revision, shows that on-
road emissions in the Northern Ada County CO area will generally 
continue to decrease even if the proposed SIP revision is approved. 
Based on our evaluation of the analysis submitted by the state of 
Idaho, the EPA concludes that the removal of the I/M program will not 
interfere with attainment or maintenance of the NAAQS.

IV. What action is the EPA proposing?

    The EPA is proposing to approve the Idaho SIP revision requesting 
to remove the Northern Ada County I/M program from the Idaho SIP. 
Specifically, the EPA is proposing to revise the Northern Ada County 
Air Quality Maintenance Area Second 10-year Carbon Monoxide Limited 
Maintenance Plan in 40 CFR 52.670(e) and remove the following local 
ordinances from incorporation by reference in 40 CFR 52.670(c):

------------------------------------------------------------------------
                                                               State
          State citation                Title/subject     effective date
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Ada County Ordinance..............  The 1999 Motor             6/15/1999
                                     Vehicle Emissions
                                     Control Ordinance.
City of Boise Ordinance...........  The 1999 Motor             7/20/1999
                                     Vehicle Emissions
                                     Control Ordinance.
City of Eagle Ordinance...........  The 1999 Motor             4/27/1999
                                     Vehicle Emissions
                                     Control Ordinance.
City of Garden City Ordinance.....  The 1991 Vehicle           8/13/1996
                                     Emission Control
                                     Ordinance.
City of Meridian Ordinance........  The 1999 Motor              6/1/1999
                                     Vehicle Emissions
                                     Control Ordinance.
------------------------------------------------------------------------

    The EPA believes that Idaho's demonstration that removal of the I/M 
program will not interfere with any applicable requirement concerning 
attainment and RFP, or any other applicable requirement of the CAA 
meets CAA section 110(l) requirements. The EPA is requesting comments 
on the proposed approval.

V. Incorporation by Reference

    In this document, the EPA is proposing to remove, in a final EPA 
rule, regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
remove the local ordinances identified in section IV of this preamble. 
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).

VI. Statutory and Executive Order Reviews

    Under the CAA, the EPA Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those already 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);
     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 CAA; 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, 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, this rule does 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and record keeping 
requirements, Sulfur oxides, Volatile organic compounds.

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


[[Page 19034]]


    Dated: March 23, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-06461 Filed 3-29-23; 8:45 am]
BILLING CODE 6560-50-P