80 FR 78981 - Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport of Ozone
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 243 (December 18, 2015)
Federal Register Volume 80, Issue 243 (December 18, 2015)
| Page Range | 78981-78983 | |
| FR Document | 2015-31778 |
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)] [Rules and Regulations] [Pages 78981-78983] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31778] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2015-0258; FRL-9940-32-Region 10] Approval and Promulgation of Implementation Plans; Idaho: Interstate Transport of Ozone AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- [[Page 78982]] SUMMARY: The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. On June 28, 2010, the State of Idaho made a submittal to the Environmental Protection Agency (EPA) to address these requirements. The EPA is approving the submittal as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS) in any other state. DATES: This final rule is effective January 19, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2015-0258. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) 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 either electronically through http://www.regulations.gov or in hard copy at the Air Programs Unit, Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, [email protected], or the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Table of Contents I. Background Information II. Final Action III. Statutory and Executive Orders Review I. Background Information On October 30, 2015, the EPA proposed to approve Idaho's June 28, 2010 submittal as meeting the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS (80 FR 66862). An explanation of the CAA requirements, a detailed analysis of the submittal, and the EPA's reasons for approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for this proposed rule ended on November 30, 2015. The EPA received no comments on the proposal. II. Final Action The EPA is approving Idaho's June 28, 2010 submittal as meeting the CAA section 110(a)(2)(D)(i)(I) interstate transport requirements for the 2008 ozone NAAQS. III. Statutory and Executive Orders Review 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, 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 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 this action does not involve technical standards; 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, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action 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 February 16, 2016. 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, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements. Dated: December 8, 2015. Dennis J. McLerran, Regional Administrator, Region 10. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: [[Page 78983]] 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, the table in paragraph (e) is amended by adding the entry ``Interstate Transport Requirements for the 2008 Ozone NAAQS'' at the end of the table to read as follows: Sec. 52.670 Identification of plan. * * * * * (e) * * * EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- Applicable Name of SIP provision geographic or non- State EPA approval date Comments attainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Interstate Transport Requirements State-wide......... 6/28/2010 12/18/2015 [insert This action for the 2008 Ozone NAAQS. Federal Register addresses the citation]. following CAA elements: 110(a)(2)(D)(i)(I) . ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-31778 Filed 12-17-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations 78981
Coast Guard will not retaliate against individually or cumulatively have a (b) Effective period. 6:00 a.m. (HST)
small entities that question or complain significant effect on the human on December 18 2015, through 10:00
about this rule or any policy or action environment. It is categorically p.m. (HST) on January 3, 2016.
of the Coast Guard. excluded from further review under (c) Regulations. The general
paragraph 34(g) of Figure 2–1 of the regulations governing security zones
C. Collection of Information contained in § 165.33 of subpart D of
Commandant Instruction. An
This rule will not call for a new environmental analysis checklist this part apply to the security zone
collection of information under the supporting this determination and a created by this temporary regulations.
Paperwork Reduction Act of 1995 (44 Categorical Exclusion Determination are (1) All persons are required to comply
U.S.C. 3501–3520). available in the docket where indicated with the general regulations governing
under ADDRESSES. security zones found in this part.
D. Federalism and Indian Tribal (2) Entry into or remaining in this
Governments G. Protest Activities zone is prohibited unless authorized by
A rule has implications for federalism The Coast Guard respects the First the COTP.
under E.O. 13132, Federalism, if it has Amendment rights of protesters. (3) Persons desiring to transit the
a substantial direct effect on the States, Protesters are asked to contact the security zones identified in paragraph
on the relationship between the national person listed in the FOR FURTHER (a) of this section may contact the COTP
government and the States, or on the INFORMATION CONTACT section to at the Command Center telephone
distribution of power and coordinate protest activities so that your number (808) 842–2600 and (808) 842–
responsibilities among the various message can be received without 2601, fax (808) 842–2642 or on VHF
levels of government. We have analyzed jeopardizing the safety or security of channel 16 (156.8 Mhz) to seek
this rule under that Order and have people, places or vessels. permission to transit the zones. If
determined that it is consistent with the permission is granted, all persons and
fundamental federalism principles and List of Subjects in 33 CFR Part 165 vessels must comply with the
preemption requirements described in Harbors, Marine safety, Navigation instructions of the COTP or his
E.O. 13132. (water), Reporting and recordkeeping designated representative and proceed
Also, this rule does not have tribal requirements, Security measures, at the minimum speed necessary to
implications under E.O. 13175, Waterways. maintain a safe course while in the
Consultation and Coordination with For the reasons discussed in the zone.
Indian Tribal Governments, because it preamble, the Coast Guard amends 33 (4) The U.S. Coast Guard may be
does not have a substantial direct effect CFR part 165 as follows: assisted in the patrol and enforcement
on one or more Indian tribes, on the of the security zone by Federal, State,
relationship between the Federal PART 165—REGULATED NAVIGATION and local agencies.
Government and Indian tribes, or on the AREAS AND LIMITED ACCESS AREAS (d) Notice of enforcement. The COTP
distribution of power and will cause notice of the enforcement of
responsibilities between the Federal ■ 1. The authority citation for part 165 the security zone described in this
Government and Indian tribes. If you continues to read as follows: section to be made by verbal broadcasts
believe this rule has implications for Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and written notice to mariners and the
federalism or Indian tribes, please 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; general public.
contact the person listed in the FOR Department of Homeland Security Delegation (e) Definitions. As used in this
FURTHER INFORMATION CONTACT section No. 0170.1. section, designated representative
above. ■ 2. Add § 165.T14–1030 to read as means any Coast Guard commissioned,
follows: warrant, or petty officer who has been
E. Unfunded Mandates Reform Act authorized by the COTP to assist in
The Unfunded Mandates Reform Act § 165.T14–1030 Security Zone; Kailua Bay, enforcing the security zones described
of 1995 (2 U.S.C. 1531–1538) requires Oahu, HI. in paragraph (a) of this section.
Federal agencies to assess the effects of (a) Location. The security zone area is
Dated: November 30, 2015.
their discretionary regulatory actions. In located within the Captain of the Port
(COTP) Zone (See 33 CFR 3.70–10) and S.N. Gilreath,
particular, the Act addresses actions
covers all U.S. navigable waters in the Captain, U.S. Coast Guard, Captain of the
that may result in the expenditure by a Port, Honolulu.
State, local, or tribal government, in the Kailua Bay on the west side of a line
connecting Kapoho Point and [FR Doc. 2015–31885 Filed 12–15–15; 4:15 pm]
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or continuing at a bearing of 227° (true) to BILLING CODE 9110–04–P
more in any one year. Though this rule 21°25′11″ N., 157°44′39″ W.; as well as
will not result in such an expenditure, the nearby channel from its entrance
we do discuss the effects of this rule near Kapoho Point to a point along the ENVIRONMENTAL PROTECTION
elsewhere in this preamble. channel 150 yards to the south of the N. AGENCY
Kalaheo Avenue Road Bridge. This zone
F. Environment extends from the surface of the water to 40 CFR Part 52
We have analyzed this rule under the ocean floor. This zone will include [EPA–R10–OAR–2015–0258; FRL–9940–32–
Department of Homeland Security the navigable waters of the channel Region 10]
asabaliauskas on DSK5VPTVN1PROD with RULES
Management Directive 023–01 and beginning at a point 21°24′56″ N.,
Commandant Instruction M16475.lD, 157°44′58″ W., then extending to Approval and Promulgation of
which guide the Coast Guard in 21°25′27″ N., 157°44′21″ W. (Kapoho Implementation Plans; Idaho:
complying with the National Point) including all the waters to the Interstate Transport of Ozone
Environmental Policy Act of 1969 (42 west of a straight line to 21°25′11″ N., AGENCY: Environmental Protection
U.S.C. 4321–4370f), and have 157°44′39″ W., and extending back to Agency.
determined that this action is one of a the original point 21°24′56″ N.,
ACTION: Final rule.
category of actions that do not 157°44′58″ W.
VerDate Sep<11>2014 17:22 Dec 17, 2015 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\18DER1.SGM 18DER1](https://thefederalregister.org/doc/80_FR_79224/page/1.svg)
![Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations 78983
PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. the 2008 Ozone NAAQS’’ at the end of
PROMULGATION OF the table to read as follows:
Subpart N—Idaho
IMPLEMENTATION PLANS
§ 52.670 Identification of plan.
■ 2. In § 52.670, the table in paragraph
■ 1. The authority citation for part 52 * * * * *
(e) is amended by adding the entry
continues to read as follows: ‘‘Interstate Transport Requirements for (e) * * *
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable geographic or non- State submittal
Name of SIP provision EPA approval date Comments
attainment area date
* * * * * * *
Interstate Transport Require- State-wide .............................. 6/28/2010 12/18/2015 [insert Federal This action addresses the fol-
ments for the 2008 Ozone Register citation]. lowing CAA elements:
NAAQS. 110(a)(2)(D)(i)(I).
[FR Doc. 2015–31778 Filed 12–17–15; 8:45 am]
BILLING CODE 6560–50–P
asabaliauskas on DSK5VPTVN1PROD with RULES
VerDate Sep<11>2014 17:22 Dec 17, 2015 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 E:\FR\FM\18DER1.SGM 18DER1](https://thefederalregister.org/doc/80_FR_79224/page/3.svg)
Document Created: 2015-12-18 01:38:20
Document Modified: 2015-12-18 01:38:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective January 19, 2016. | |
| Contact | Kristin Hall at (206) 553-6357, | |
| FR Citation | 80 FR 78981 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR