[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39177-39179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12699]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2023-0195; FRL-10612-02-R10]


Air Plan Approval; Idaho; Inspection and Maintenance Program 
Removal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On March 30, 2023, the Environmental Protection Agency (EPA) 
proposed 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 SIP 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 
revision included a demonstration that the requested revision would 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). The EPA is taking final action to approve 
Idaho's December 29, 2022, submission.

DATES: This action is effective on July 17, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2023-0195. 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

[[Page 39178]]

INFORMATION CONTACT section for additional availability information.

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

    On December 29, 2022, Idaho submitted a SIP revision to remove the 
Inspection and Maintenance (I/M) program in the Northern Ada County 
Carbon Monoxide (CO) area. The submission included a demonstration that 
the requested revision would 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). 
Idaho's submission also requested that the EPA remove the ordinances in 
Table 1 of this preamble from the Idaho SIP.

        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 Emissions Control Ordinance.......        1/1/2010
Ada County....................................  The 1999 Motor Vehicle Emissions Control               6/15/1999
                                                 Ordinance.
City of Boise.................................  The 1999 Motor Vehicle Emissions Control               7/20/1999
                                                 Ordinance.
City of Eagle.................................  The 1999 Motor Vehicle Emissions Control               4/27/1999
                                                 Ordinance.
City of Garden City...........................  The 1991 Vehicle Emission Control Ordinance.....       8/13/1996
City of Meridian..............................  The 1999 Motor Vehicle Emissions Control                6/1/1999
                                                 Ordinance.
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    The EPA proposed to approve Idaho's SIP revision on March 30, 2023 
(88 FR 19030). Subsequently, on April 21, 2023, the EPA made a 
correction to the docket number in the proposed rule and extended the 
public comment period to May 22, 2023 (88 FR 24522). An explanation of 
the CAA requirements, a detailed analysis of the submission, and the 
EPA's reasons for approval were provided in the notice of proposed 
rulemaking. The EPA did not receive comments on the proposed rulemaking 
and is taking final action to approve Idaho's December 29, 2022, 
submission.

II. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. The EPA is removing the local 
ordinances identified in section I of this preamble from the Idaho 
State Implementation Plan, which is incorporated by reference under 1 
CFR part 51.

III. Statutory and Executive Order Reviews

    Under the CAA, the 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, 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 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 CAA.
    In addition, 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).
    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.''
    Idaho did not evaluate EJ considerations as part of its SIP 
submission; the CAA 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. 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.
    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

[[Page 39179]]

is not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 14, 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 record keeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: June 8, 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 removing entries ``Ada 
County Ordinance'', ``City of Boise Ordinance'', ``City of Eagle 
Ordinance'', ``City of Garden City Ordinance'' and ``City of Meridian 
Ordinance''; and
0
b. The table in paragraph (e) is amended by adding an entry for 
``Northern Ada County Carbon Monoxide Limited Maintenance Plan 
Revision'' at the end of the table.
    The addition reads as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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                                  Applicable
                                 geographic or      State       EPA approval
    Name of SIP provision        nonattainment    submittal         date                    Comments
                                     area            date
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                                                  * * * * * * *
Northern Ada County Carbon     Northern Ada       12/29/2022  6/15/2023,       Removal of I/M program.
 Monoxide Limited Maintenance   County.                        [INSERT
 Plan Revision.                                                Federal
                                                               Register
                                                               CITATION].
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[FR Doc. 2023-12699 Filed 6-14-23; 8:45 am]
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