[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Rules and Regulations]
[Pages 34091-34093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11261]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0753, FRL-10190-02-R10]


Air Plan Approval; ID; State Board Composition

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 
August 9, 2022. The revision was submitted to meet the state board 
composition requirements of the Clean Air Act.

DATES: This final rule is effective June 26, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2022-0753. 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

[[Page 34092]]

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 means the EPA.

Table of Contents

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

I. Background

    On August 9, 2022, Idaho submitted a SIP revision to meet the state 
board composition requirements of Clean Air Act section 128(a)(1). On 
February 17, 2023, we proposed to approve the submitted SIP revision 
(88 FR 10256). The reasons for our proposed approval are included in 
the proposal and will not be restated here. The public comment period 
closed on March 20, 2023. We received one anonymous comment in support 
of our proposed action, therefore we are finalizing our action as 
proposed.

II. Final Action

    The EPA is approving and incorporating by reference a revision to 
the Idaho SIP submitted on August 9, 2022. Upon the effective date of 
this action, the Idaho SIP will include Idaho Code section 39-
107(1)(a), state effective July 1, 2022. This provision establishes the 
composition requirements for the Idaho Board of Environmental Quality.

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 the 
Idaho statutory provision described in section II of this preamble and 
set forth in the amendments to 40 CFR part 52 in this document. 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 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 July 25, 2023.

[[Page 34093]]

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: May 17, 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:
0
a. The table in paragraph (c) is amended by adding the entry ``Idaho 
Code section 39-107(1)(a)'' at the end of the table; and
0
b. The table in paragraph (e) is amended by removing entry ``Idaho 
State Board SIP Revision; Executive Order 2013-06; dated June 26, 
2013''.
    The addition reads as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                   EPA Approved Idaho Regulations and Statutes
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                                                               State
         State citation                 Title/subject        effective    EPA approval date      Explanations
                                                                date
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                                                  * * * * * * *
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                                                 State Statutes
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                                                  * * * * * * *
Idaho Code section 39-107(1)(a).  Board--Composition--Offi     7/1/2022  5/26/2023 [Insert    To satisfy the
                                   cers--Compensation--Pow                Federal Register     requirements of
                                   ers--Subpoena--Depositi                Citation].           CAA section
                                   ons--Review--Rules.                                         128(a)(1) and CAA
                                                                                               section
                                                                                               110(a)(2)(E)(ii)
                                                                                               for all criteria
                                                                                               pollutants.
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[FR Doc. 2023-11261 Filed 5-25-23; 8:45 am]
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