82 FR 57132 - Air Plan Approval; ID; 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 231 (December 4, 2017)
Federal Register Volume 82, Issue 231 (December 4, 2017)
| Page Range | 57132-57133 | |
| FR Document | 2017-25930 |
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)] [Rules and Regulations] [Pages 57132-57133] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25930] [[Page 57132]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2015-0856; FRL-9971-33-Region 10] Air Plan Approval; ID; 2012 PM2.5 Standard Infrastructure Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Whenever a new or revised National Ambient Air Quality Standard (NAAQS) is promulgated, each state must submit a plan for the implementation, maintenance and enforcement of such standard--commonly referred to as infrastructure requirements. The Environmental Protection Agency (EPA) finds that the Idaho State Implementation Plan (SIP) meets the infrastructure requirements for the 2012 fine particulate matter (PM2.5 ) NAAQS. DATES: This final rule is effective January 3, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2015-0856. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., 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 is publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Matthew Jentgen, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone number: (206) 553-0340; email address: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Background Information II. Final Action III. Statutory and Executive Orders Review I. Background Information On December 23, 2015, Idaho submitted a certification that the Idaho SIP meets the infrastructure requirements of Clean Air Act (CAA) sections 110(a)(1) and (2) for the 2012 PM2.5 NAAQS. On September 12, 2017, the EPA proposed to approve the submission as meeting certain infrastructure requirements (82 FR 42772). Please see our proposed rulemaking for further explanation and the basis for our finding. The public comment period for this proposal ended on October 12, 2017. We received comments in support of this action and the Idaho Department of Environmental Quality. II. Final Action The EPA finds that the Idaho SIP meets the following CAA section 110(a)(2) infrastructure elements for the 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). This action is being taken under section 110 of the CAA. 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 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 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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). 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). 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 2, 2018. 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 [[Page 57133]] 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: November 15, 2017. Michelle L. Pirzadeh, Acting 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, the table in paragraph (e) is amended by: 0 a. Revising the entry entitled ``Idaho State Board SIP Revision; Executive Order 2013-06; dated June 26, 2013''. 0 b. Adding an entry at the end of the table for ``Section 110(a)(2) Infrastructure Requirements--2012 PM 2.5 NAAQS''. The revision and addition 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 State EPA approval date Comments nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter VIII--Nonattainment Area Plans ---------------------------------------------------------------------------------------------------------------- * * * * * * * Idaho State Board SIP Revision; State-wide........ 9/16/2013 10/24/2013, 78 FR To satisfy the Executive Order 2013-06; dated 63394. requirements of CAA June 26, 2013. section 128(a)(1) and CAA section 110(a)(2)(E)(ii) for all criteria pollutants. Renewed on December 14, 2016, expiring December 14, 2020, unless renewed by subsequent Executive Order. See Executive Order 2016- 07. * * * * * * * Section 110(a)(2) State-wide........ 12/23/2015 12/4/2017, [insert Approves SIP for Infrastructure Requirements-- Federal Register purposes of CAA 2012 PM2.5 NAAQS. citation]. sections 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 2012 PM2.5 NAAQS. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-25930 Filed 12-1-17; 8:45 am] BILLING CODE 6560-50-P
![57132 Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION I. Background Information • Does not have Federalism
AGENCY On December 23, 2015, Idaho implications as specified in Executive
submitted a certification that the Idaho Order 13132 (64 FR 43255, August 10,
40 CFR Part 52 1999);
SIP meets the infrastructure
• Is not an economically significant
[EPA–R10–OAR–2015–0856; FRL–9971–33– requirements of Clean Air Act (CAA)
regulatory action based on health or
Region 10] sections 110(a)(1) and (2) for the 2012
safety risks subject to Executive Order
PM2.5 NAAQS. On September 12, 2017,
Air Plan Approval; ID; 2012 PM2.5 13045 (62 FR 19885, April 23, 1997);
the EPA proposed to approve the • Is not a significant regulatory action
Standard Infrastructure Requirements submission as meeting certain subject to Executive Order 13211 (66 FR
AGENCY: Environmental Protection infrastructure requirements (82 FR 28355, May 22, 2001);
Agency (EPA). 42772). Please see our proposed • Is not subject to requirements of
rulemaking for further explanation and section 12(d) of the National
ACTION: Final rule.
the basis for our finding. The public Technology Transfer and Advancement
SUMMARY: Whenever a new or revised comment period for this proposal ended Act of 1995 (15 U.S.C. 272 note) because
National Ambient Air Quality Standard on October 12, 2017. We received application of those requirements would
(NAAQS) is promulgated, each state comments in support of this action and be inconsistent with the CAA; and
must submit a plan for the the Idaho Department of Environmental • Does not provide the EPA with the
implementation, maintenance and Quality. discretionary authority to address, as
enforcement of such standard— II. Final Action appropriate, disproportionate human
commonly referred to as infrastructure health or environmental effects, using
requirements. The Environmental The EPA finds that the Idaho SIP practicable and legally permissible
Protection Agency (EPA) finds that the meets the following CAA section methods, under Executive Order 12898
Idaho State Implementation Plan (SIP) 110(a)(2) infrastructure elements for the (59 FR 7629, February 16, 1994).
meets the infrastructure requirements 2012 PM2.5 NAAQS: (A), (B), (C), The SIP is not approved to apply on
for the 2012 fine particulate matter (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), any Indian reservation land or in any
(PM2.5) NAAQS. (L), and (M). This action is being taken other area where the EPA or an Indian
under section 110 of the CAA. tribe has demonstrated that a tribe has
DATES: This final rule is effective
III. Statutory and Executive Orders jurisdiction. In those areas of Indian
January 3, 2018.
Review country, the rule does not have tribal
ADDRESSES: The EPA has established a implications and it will not impose
docket for this action under Docket ID Under the CAA, the Administrator is substantial direct costs on tribal
No. EPA–R10–OAR–2015–0856. All required to approve a SIP submission governments or preempt tribal law as
documents in the docket are listed on that complies with the provisions of the specified by Executive Order 13175 (65
the https://www.regulations.gov Web Act and applicable Federal regulations. FR 67249, November 9, 2000).
site. Although listed in the index, some 42 U.S.C. 7410(k); 40 CFR 52.02(a). The Congressional Review Act, 5
information may not be publicly Thus, in reviewing SIP submissions, the U.S.C. 801 et seq., as added by the Small
available, i.e., Confidential Business EPA’s role is to approve state choices, Business Regulatory Enforcement
Information or other information the provided that they meet the criteria of Fairness Act of 1996, generally provides
disclosure of which is restricted by the CAA. Accordingly, this action that before a rule may take effect, the
statute. Certain other material, such as merely approves state law as meeting agency promulgating the rule must
copyrighted material, is not placed on Federal requirements and does not submit a rule report, which includes a
the Internet and is publicly available impose additional requirements beyond copy of the rule, to each House of the
only in hard copy form. Publicly those imposed by state law. For that Congress and to the Comptroller General
available docket materials are available reason, this action: of the United States. The EPA will
at https://www.regulations.gov or at EPA • Is not a ‘‘significant regulatory submit a report containing this action
Region 10, Office of Air and Waste, 1200 action’’ subject to review by the Office and other required information to the
Sixth Avenue, Seattle, Washington of Management and Budget under U.S. Senate, the U.S. House of
98101. The EPA requests that you Executive Orders 12866 (58 FR 51735, Representatives, and the Comptroller
contact the person listed in the FOR October 4, 1993) and 13563 (76 FR 3821, General of the United States prior to
FURTHER INFORMATION CONTACT section to January 21, 2011); publication of the rule in the Federal
schedule your inspection. The Regional • Is not an Executive Order 13771 (82 Register. A major rule cannot take effect
Office’s official hours of business are FR 9339, February 2, 2017) regulatory until 60 days after it is published in the
Monday through Friday, 8:30 to 4:30, action because SIP approvals are Federal Register. This action is not a
excluding Federal holidays. exempted under Executive Order 12866; ‘‘major rule’’ as defined by 5 U.S.C.
FOR FURTHER INFORMATION CONTACT: • Does not impose an information 804(2).
Matthew Jentgen, Air Planning Unit, collection burden under the provisions Under section 307(b)(1) of the CAA,
Office of Air and Waste (OAW–150), of the Paperwork Reduction Act (44 petitions for judicial review of this
Environmental Protection Agency, U.S.C. 3501 et seq.); action must be filed in the United States
Region 10, 1200 Sixth Ave., Suite 900, • Is certified as not having a Court of Appeals for the appropriate
Seattle, WA 98101; telephone number: significant economic impact on a circuit by February 2, 2018. Filing a
(206) 553–0340; email address: substantial number of small entities petition for reconsideration by the
under the Regulatory Flexibility Act (5 Administrator of this final rule does not
ethrower on DSK3G9T082PROD with RULES
jentgen.matthew@epa.gov.
SUPPLEMENTARY INFORMATION: U.S.C. 601 et seq.); affect the finality of this action for the
• Does not contain any unfunded purposes of judicial review nor does it
Table of Contents mandate or significantly or uniquely extend the time within which a petition
I. Background Information affect small governments, as described for judicial review may be filed, and
II. Final Action in the Unfunded Mandates Reform Act shall not postpone the effectiveness of
III. Statutory and Executive Orders Review of 1995 (Pub. L. 104–4); such rule or action. This action may not
VerDate Sep<11>2014 17:52 Dec 01, 2017 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1](https://thefederalregister.org/doc/82_FR_57363/page/1.svg)
![Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations 57133
be challenged later in proceedings to Dated: November 15, 2017. Subpart N—Idaho
enforce its requirements. (See section Michelle L. Pirzadeh,
307(b)(2)). Acting Regional Administrator, Region 10. ■ 2. In § 52.670, the table in paragraph
(e) is amended by:
List of Subjects in 40 CFR Part 52 For the reasons set forth in the ■ a. Revising the entry entitled ‘‘Idaho
preamble, 40 CFR part 52 is amended as State Board SIP Revision; Executive
Environmental protection, Air
follows: Order 2013–06; dated June 26, 2013’’.
pollution control, Carbon monoxide,
■ b. Adding an entry at the end of the
Incorporation by reference, table for ‘‘Section 110(a)(2)
PART 52—APPROVAL AND
Intergovernmental relations, Lead, Infrastructure Requirements—2012
PROMULGATION OF
Nitrogen dioxide, Ozone, Particulate PM2.5 NAAQS’’.
IMPLEMENTATION PLANS
matter, Reporting and recordkeeping The revision and addition read as
requirements, Sulfur oxides, Volatile follows:
■ 1. The authority citation for part 52
organic compounds.
continues to read as follows: § 52.670 Identification of plan.
Authority: 42 U.S.C. 7401 et seq. * * * * *
(e) * * *
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable geographic State submittal
Name of SIP provision EPA approval date Comments
or nonattainment area date
* * * * * * *
Chapter VIII—Nonattainment Area Plans
* * * * * * *
Idaho State Board SIP State-wide .................... 9/16/2013 10/24/2013, 78 FR To satisfy the requirements of CAA section
Revision; Executive 63394. 128(a)(1) and CAA section 110(a)(2)(E)(ii) for
Order 2013–06; dated all criteria pollutants. Renewed on December
June 26, 2013. 14, 2016, expiring December 14, 2020, un-
less renewed by subsequent Executive
Order. See Executive Order 2016–07.
* * * * * * *
Section 110(a)(2) Infra- State-wide .................... 12/23/2015 12/4/2017, [insert Fed- Approves SIP for purposes of CAA sections
structure Require- eral Register cita- 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E),
ments—2012 PM2.5 tion]. (F), (G), (H), (J), (K), (L), and (M) for the
NAAQS. 2012 PM2.5 NAAQS.
[FR Doc. 2017–25930 Filed 12–1–17; 8:45 am] finalizing a conditional approval of one www.regulations.gov, or please contact
BILLING CODE 6560–50–P rule. This revision consists of updates to the person identified in the FOR FURTHER
provisions governing the issuance and INFORMATION CONTACT section for
banking of Emission Reduction Credits additional availability information.
ENVIRONMENTAL PROTECTION for use in the review and permitting of
AGENCY FOR FURTHER INFORMATION CONTACT:
major sources and major modifications
under part D of title I of the Clean Air Laura Yannayon, EPA Region 9, (415)
40 CFR Part 52 Act (CAA). 972–3534, yannayon.laura@epa.gov.
[EPA–R09–OAR–2017–0130; FRL–9970–68- DATES: This rule will be effective on SUPPLEMENTARY INFORMATION:
Region 9] January 3, 2018. Throughout this document, the terms
ADDRESSES: The EPA has established a ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Revisions to California State docket for this action under Docket No.
Implementation Plan; Bay Area Air Table of Contents
EPA–R09–OAR–2017–0130. All
Quality Management District; Emission documents in the docket are listed on I. Proposed Action
Reduction Credit Banking the http://www.regulations.gov Web II. Public Comments and EPA Responses
AGENCY: Environmental Protection site. Although listed in the index, some III. EPA Action
information is not publicly available, IV. Incorporation by Reference
Agency (EPA).
e.g., CBI or other information whose V. Statutory and Executive Order Reviews
ACTION: Final rule.
disclosure is restricted by statute. I. Proposed Action
SUMMARY: The Environmental Protection Certain other material, such as
ethrower on DSK3G9T082PROD with RULES
Agency (EPA) is finalizing action on a copyrighted material, is not placed on On September 14, 2017 (82 FR 43202),
revision to the Bay Area Air Quality the Internet and will be publicly the EPA proposed a conditional
Management District (BAAQMD or available only in hard copy form. approval of the following rule that was
District) portion of the California State Publicly available docket materials are submitted for incorporation into the
Implementation Plan (SIP). We are available through http:// BAAQMD portion of the California SIP.
VerDate Sep<11>2014 17:52 Dec 01, 2017 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1](https://thefederalregister.org/doc/82_FR_57363/page/2.svg)
Document Created: 2017-12-02 00:41:43
Document Modified: 2017-12-02 00:41:43
| 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 3, 2018. | |
| Contact | Matthew Jentgen, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone | |
| FR Citation | 82 FR 57132 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR