83 FR 42033 - Air Plan Approval; ID, Incorporations by Reference Updates and Rule Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 161 (August 20, 2018)
Federal Register Volume 83, Issue 161 (August 20, 2018)
| Page Range | 42033-42034 | |
| FR Document | 2018-17825 |
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)] [Rules and Regulations] [Pages 42033-42034] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17825] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2018-0214, FRL-9982-59--Region 10] Air Plan Approval; ID, Incorporations by Reference Updates and Rule Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: EPA is taking final action to approve revisions to Idaho's State Implementation Plan (SIP) submitted by the Idaho Department of Environmental Quality (IDEQ) on March 20, 2018 and April 12, 2018. The submitted revisions update incorporation by reference of Federal regulations in the Idaho's rules. The revisions also remove an interim regulation that expired in 2003. DATES: This final rule is effective September 19, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2018-0214, at http://www.regulations.gov. 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 INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, or [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to EPA. Table of Contents I. Background II. Final Action III. Incorporation by Reference IV. Statutory and Executive Orders Review I. Background On March 20, 2018, the Idaho Department of Environmental Quality (IDEQ) submitted revisions to the SIP provisions that incorporate by reference (IBR) various portions of Federal regulations codified in the Code of Federal Regulations (CFR) into the Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01). Additionally, on April 12, 2018, Idaho submitted a separate SIP revision to remove an expired interim transportation conformity provision. On June 29, 2018, EPA proposed to approve Idaho's March 20, 2018, and April 12, 2018, SIP submissions. Please see the proposed approval for further explanation (83 FR 30626). The public comment period for our proposed action ended July 30, 2018. We received three electronic comments submitted through https://www.regulations.gov. We reviewed the comments and have determined that they are not clearly related to the subject of this action and thus are not adverse to this action. Therefore, we are finalizing our action as proposed. II. Final Action EPA is approving, and incorporating by reference where appropriate, in Idaho's SIP, all revisions to IDAPA 58.01.01.107 Incorporations by Reference (state effective March 28, 2018), except .03.f through .p, as requested by Idaho on March 20, 2018. EPA is also approving, as requested by Idaho on April 12, 2018, removal of IDAPA 58.01.01.582 Interim Conformity Provisions for Northern Ada County Former Nonattainment Area for PM 10 from the Idaho SIP. We have determined that the submitted SIP revisions are consistent with section 110 and parts C and part D of Title I of the CAA. III. Incorporation by Reference In this rule, EPA is approving regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is incorporating by reference the provisions described above in Section II. Final Action and set forth below, as amendments to 40 CFR part 52. Also in this rule, EPA is removing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is removing the incorporation by reference of IDAPA 58.01.01.582 as described in Section II. Final Action and set forth below, as amendments to 40 CFR part 52. EPA has made, and will continue to make, these documents generally available electronically through 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). IV. Statutory and Executive Orders Review Under the Clean Air Act, 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 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); 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 it 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). [[Page 42034]] The SIP does not 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 action does not have tribal implications and 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 7, 2018. Chris Hladick, 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 (c) is amended by: 0 a. Revising entry 107; and 0 b. Removing entry 582. The revision reads as follows: Sec. 52.670 Identification of plan. * * * * * (c) * * * EPA-Approved Idaho Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State citation Title/subject State effective date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho ---------------------------------------------------------------------------------------------------------------- * * * * * * * 107...................... Incorporation by 3/28/2018, 3/25/ 8/20/2018 [Insert Except Section Reference. 2016, 3/20/2014, 3/ Federal Register 107.03.f through 30/2007, 7/1/1997, citation]. 107.03.p. 5/1/1994. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-17825 Filed 8-17-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations 42033
[FR Doc. 2018–17823 Filed 8–17–18; 8:45 am] provisions that incorporate by reference INFORMATION CONTACT section of this
BILLING CODE 6560–50–P (IBR) various portions of Federal preamble for more information).
regulations codified in the Code of
IV. Statutory and Executive Orders
Federal Regulations (CFR) into the Rules
ENVIRONMENTAL PROTECTION Review
for the Control of Air Pollution in Idaho
AGENCY (IDAPA 58.01.01). Additionally, on Under the Clean Air Act, the
April 12, 2018, Idaho submitted a Administrator is required to approve a
40 CFR Part 52 separate SIP revision to remove an SIP submission that complies with the
[EPA–R10–OAR–2018–0214, FRL–9982– expired interim transportation provisions of the Act and applicable
59—Region 10] conformity provision. Federal regulations. 42 U.S.C. 7410(k);
On June 29, 2018, EPA proposed to 40 CFR 52.02(a). Thus, in reviewing SIP
Air Plan Approval; ID, Incorporations approve Idaho’s March 20, 2018, and submissions, the EPA’s role is to
by Reference Updates and Rule April 12, 2018, SIP submissions. Please approve state choices, provided that
Revisions see the proposed approval for further they meet the criteria of the Clean Air
explanation (83 FR 30626). The public Act. Accordingly, this action merely
AGENCY: Environmental Protection comment period for our proposed action approves state law as meeting Federal
Agency (EPA). ended July 30, 2018. We received three requirements and does not impose
ACTION: Final rule. electronic comments submitted through additional requirements beyond those
SUMMARY: EPA is taking final action to https://www.regulations.gov. We imposed by state law. For that reason,
approve revisions to Idaho’s State reviewed the comments and have this action:
Implementation Plan (SIP) submitted by determined that they are not clearly • Is not a ‘‘significant regulatory
the Idaho Department of Environmental related to the subject of this action and action’’ subject to review by the Office
Quality (IDEQ) on March 20, 2018 and thus are not adverse to this action. of Management and Budget under
April 12, 2018. The submitted revisions Therefore, we are finalizing our action Executive Orders 12866 (58 FR 51735,
update incorporation by reference of as proposed. October 4, 1993) and 13563 (76 FR 3821,
Federal regulations in the Idaho’s rules. II. Final Action January 21, 2011);
The revisions also remove an interim • is not an Executive Order 13771 (82
EPA is approving, and incorporating FR 9339, February 2, 2017) regulatory
regulation that expired in 2003. by reference where appropriate, in
DATES: This final rule is effective action because SIP approvals are
Idaho’s SIP, all revisions to IDAPA exempted under Executive Order 12866;
September 19, 2018. 58.01.01.107 Incorporations by
• does not impose an information
ADDRESSES: EPA has established a Reference (state effective March 28,
collection burden under the provisions
docket for this action under Docket ID 2018), except .03.f through .p, as
of the Paperwork Reduction Act (44
No. EPA–R10–OAR–2018–0214, at requested by Idaho on March 20, 2018.
U.S.C. 3501 et seq.);
http://www.regulations.gov. All EPA is also approving, as requested by
documents in the docket are listed on • is certified as not having a
Idaho on April 12, 2018, removal of
the https://www.regulations.gov significant economic impact on a
IDAPA 58.01.01.582 Interim Conformity
website. Although listed in the index, substantial number of small entities
Provisions for Northern Ada County
some information is not publicly under the Regulatory Flexibility Act (5
Former Nonattainment Area for PM 10
available, e.g., CBI or other information U.S.C. 601 et seq.);
from the Idaho SIP. We have determined
whose disclosure is restricted by statute. • does not contain any unfunded
that the submitted SIP revisions are
Certain other material, such as mandate or significantly or uniquely
consistent with section 110 and parts C
copyrighted material, is not placed on affect small governments, as described
and part D of Title I of the CAA.
the internet and will be publicly in the Unfunded Mandates Reform Act
available only in hard copy form. III. Incorporation by Reference of 1995 (Pub. L. 104–4);
Publicly available docket materials are In this rule, EPA is approving • does not have Federalism
available through https:// regulatory text that includes implications as specified in Executive
www.regulations.gov, or please contact incorporation by reference. In Order 13132 (64 FR 43255, August 10,
the person identified in the FOR FURTHER accordance with requirements of 1 CFR 1999);
INFORMATION CONTACT section for 51.5, EPA is incorporating by reference • is not an economically significant
additional availability information. the provisions described above in regulatory action based on health or
Section II. Final Action and set forth safety risks subject to Executive Order
FOR FURTHER INFORMATION CONTACT:
below, as amendments to 40 CFR part 13045 (62 FR 19885, April 23, 1997);
Randall Ruddick at (206) 553–1999, or
52. • is not a significant regulatory action
ruddick.randall@epa.gov.
Also in this rule, EPA is removing subject to Executive Order 13211 (66 FR
SUPPLEMENTARY INFORMATION:
regulatory text that includes 28355, May 22, 2001);
Throughout this document, wherever • is not subject to requirements of
incorporation by reference. In
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is Section 12(d) of the National
accordance with requirements of 1 CFR
intended to refer to EPA. Technology Transfer and Advancement
51.5, EPA is removing the incorporation
Table of Contents by reference of IDAPA 58.01.01.582 as Act of 1995 (15 U.S.C. 272 note) because
described in Section II. Final Action and it does not involve technical standards;
I. Background
II. Final Action set forth below, as amendments to 40 and
• does not provide the EPA with the
daltland on DSKBBV9HB2PROD with RULES
III. Incorporation by Reference CFR part 52.
IV. Statutory and Executive Orders Review EPA has made, and will continue to discretionary authority to address, as
make, these documents generally appropriate, disproportionate human
I. Background available electronically through health or environmental effects, using
On March 20, 2018, the Idaho www.regulations.gov and at the EPA practicable and legally permissible
Department of Environmental Quality Region 10 office (please contact the methods, under Executive Order 12898
(IDEQ) submitted revisions to the SIP person identified in the FOR FURTHER (59 FR 7629, February 16, 1994).
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![42034 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
The SIP does not apply on any Indian and recordkeeping requirements, Sulfur Authority: 42 U.S.C. 7401 et seq.
reservation land or in any other area oxides, Volatile organic compounds.
where the EPA or an Indian tribe has Subpart N—Idaho
Authority: 42 U.S.C. 7401 et seq.
demonstrated that a tribe has
jurisdiction. In those areas of Indian Dated: August 7, 2018. ■ 2. In § 52.670, the table in paragraph
country, this action does not have tribal Chris Hladick, (c) is amended by:
implications and will not impose Regional Administrator, Region 10.
■ a. Revising entry 107; and
substantial direct costs on tribal For the reasons set forth in the
governments or preempt tribal law as ■ b. Removing entry 582.
preamble, 40 CFR part 52 is amended as
specified by Executive Order 13175 (65 follows: The revision reads as follows:
FR 67249, November 9, 2000).
PART 52—APPROVAL AND § 52.670 Identification of plan.
List of Subjects in 40 CFR Part 52
PROMULGATION OF * * * * *
Environmental protection, Air IMPLEMENTATION PLANS (c) * * *
pollution control, Incorporation by
reference, Intergovernmental relations, ■ 1. The authority citation for part 52
Ozone, Particulate matter, Reporting continues to read as follows:
EPA-APPROVED IDAHO REGULATIONS AND STATUTES
State citation Title/subject State effective date EPA approval date Explanations
Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho
* * * * * * *
107 ..................... Incorporation by Reference .. 3/28/2018, 3/25/2016, 3/20/ 8/20/2018 [Insert Federal Except Section 107.03.f
2014, 3/30/2007, 7/1/1997, Register citation]. through 107.03.p.
5/1/1994.
* * * * * * *
* * * * * County in Kentucky, as well as Clark Georgia 30303–8960. EPA requests that
[FR Doc. 2018–17825 Filed 8–17–18; 8:45 am] and Floyd Counties in Indiana. EPA is if at all possible, you contact the person
BILLING CODE 6560–50–P approving the State’s request and listed in the FOR FURTHER INFORMATION
redesignating the Area to unclassifiable/ CONTACT section to schedule your
attainment for the 2012 primary annual inspection. The Regional Office’s
ENVIRONMENTAL PROTECTION PM2.5 NAAQS based upon valid, official hours of business are Monday
AGENCY quality-assured, and certified ambient through Friday 8:30 a.m. to 4:30 p.m.,
air monitoring data showing that the excluding Federal holidays.
40 CFR Part 81 PM2.5 monitors in the bi-state Louisville FOR FURTHER INFORMATION CONTACT:
[EPA–R04–OAR–2017–0390; FRL–9982– Area are in compliance with the 2012 Madolyn Sanchez, Air Regulatory
70—Region 4] primary annual PM2.5 NAAQS. Management Section, Air Planning and
DATES: This rule will be effective Implementation Branch, Air, Pesticides
Air Plan Approval and Air Quality September 19, 2018. and Toxics Management Division, U.S.
Designation; KY; Redesignation of the Environmental Protection Agency,
ADDRESSES: EPA has established a
Kentucky Portion of the Louisville Region 4, 61 Forsyth Street SW, Atlanta,
docket for this action under Docket
Unclassifiable Area Georgia 30303–8960. Ms. Sanchez can
Identification No. EPA–R04–OAR–
AGENCY: Environmental Protection 2017–0390. All documents in the docket be reached by telephone at (404) 562–
Agency (EPA). are listed on the www.regulations.gov 9644 or via electronic mail at
website. Although listed in the index, sanchez.madolyn@epa.gov.
ACTION: Final rule.
some information may not be publicly SUPPLEMENTARY INFORMATION:
SUMMARY: On May 4, 2018, the available, i.e., Confidential Business
I. Background
Commonwealth of Kentucky, through Information or other information whose
the Kentucky Energy and Environment disclosure is restricted by statute. On December 14, 2012, EPA revised
Cabinet, Division for Air Quality Certain other material, such as the primary annual NAAQS for PM2.5 at
(KDAQ), submitted a request for the copyrighted material, is not placed on a level of 12 micrograms per cubic meter
Environmental Protection Agency (EPA) the internet and will be publicly (mg/m3), based on a 3-year average of
to redesignate the portion of Kentucky available only in hard copy form. annual mean PM2.5 concentrations. See
that is within the bi-state Louisville, Publicly available docket materials are 78 FR 3085 (January 15, 2013). EPA
KY-IN fine particulate matter (PM2.5) available either electronically through established the standards based on
unclassifiable area (hereinafter referred www.regulations.gov or in hard copy at significant evidence and numerous
daltland on DSKBBV9HB2PROD with RULES
to as the ‘‘bi-state Louisville Area’’ or the Air Regulatory Management Section, health studies demonstrating that
‘‘Area’’) to unclassifiable/attainment for Air Planning and Implementation serious health effects are associated
the 2012 primary annual PM2.5 national Branch, Air, Pesticides and Toxics with exposures to particulate matter.
ambient air quality standard (NAAQS). Management Division, U.S. The process for designating areas
The bi-state Louisville Area consists of Environmental Protection Agency, following promulgation of a new or
Jefferson County and a portion of Bullitt Region 4, 61 Forsyth Street SW, Atlanta, revised NAAQS is contained in section
VerDate Sep<11>2014 17:41 Aug 17, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\20AUR1.SGM 20AUR1](https://thefederalregister.org/doc/83_FR_42194/page/2.svg)
Document Created: 2018-08-18 01:29:08
Document Modified: 2018-08-18 01:29:08
| 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 September 19, 2018. | |
| Contact | Randall Ruddick at (206) 553-1999, or [email protected] | |
| FR Citation | 83 FR 42033 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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