[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37025-37027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16614]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2015-0067; FRL-9965-67-Region 10]
Air Plan Approvals, Idaho: Logan Utah/Idaho PM2.5 Nonattainment
Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to Idaho's State Implementation Plan (SIP) submitted in 2012
and 2014 to address Clean Air Act (CAA) requirements for the Idaho
portion of the Logan, Utah-Idaho fine particulate matter
(PM2.5) nonattainment area (Logan UT-ID area). Based on
newly available air quality monitoring data, the EPA is approving
Idaho's attainment demonstration and approving Idaho's 2014 Motor
Vehicle Emissions Budgets (MVEBs) as early progress budgets.
Additionally, the EPA is conditionally approving Reasonable Further
Progress (RFP), Quantitative Milestones (QMs), and revised MVEBs for
the Idaho portion of the nonattainment area, based on Idaho's
commitment to adopt and submit updates to these attainment plan
elements within one year of the effective date of this final action.
DATES: This final rule is effective September 7, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2015-0067. All documents in the docket are
listed on the http://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 http://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: Jeff Hunt, 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)
553-0256; 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 June 1, 2017, the EPA proposed to approve Idaho's attainment
demonstration and 2014 MVEBs as early progress budgets (82 FR 25208).
As part of the same action, the EPA also proposed to conditionally
approve RFP, QMs, and revised MVEBs for the Idaho portion of the
nonattainment area. An explanation of the CAA requirements, a detailed
analysis of the submittals, and the EPA's reasons for proposing
approval were provided in the notice of proposed rulemaking, and will
not be restated here. The public comment period for the proposal ended
July 3, 2017. We received no comments.
II. Final Action
For the reasons set forth in the proposed rulemaking for this
action, the EPA is approving the attainment demonstration in Idaho's
2012 and 2014 revisions to the SIP (Idaho attainment plan) for the
Idaho portion of the Logan UT-ID area. The EPA is also approving the
2014 MVEBs as early progress budgets, in that they are consistent with
making progress toward attainment of the 24-hour 2006 PM2.5
National Ambient Air Quality Standards by December 31, 2015. Lastly,
the EPA is conditionally approving RFP, QMs, and revised MVEBs in the
Idaho attainment
[[Page 37026]]
plan, based on Idaho's April 25, 2017 commitment to adopt and submit
updated plan elements to meet these requirements. Under a conditional
approval, the State must adopt and submit the specific revisions it has
committed to by a date certain but not later than one year of this
final action.\1\ If the EPA fully approves the submittal of the
revisions specified in the commitment letter, the conditional nature of
the approval would be removed and the submittal would become fully
approved. If the State does not submit these revisions by the date
specified in the April 25, 2017 commitment letter, or if the EPA finds
the State's revisions to be incomplete, or EPA disapproves the State's
revisions, a conditional approval will convert to a disapproval. If any
of these occur and the EPA's conditional approval converts to a
disapproval, that will constitute a disapproval of a required plan
element under part D of title I of the Act, which starts an 18-month
clock for sanctions, see section 179(a)(2), and the two-year clock for
a Federal Implementation Plan (FIP), see CAA section 110(c)(1)(B).
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\1\ In IDEQ's April 25, 2017 commitment letter, IDEQ committed
to submit revisions by August 1, 2018.
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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);
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).
The SIP is not approved to apply on any Indian reservation land in
Idaho and is also not approved to apply 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).
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 October 10, 2017. 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: July 24, 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 adding an
additional entry at the end of the table for ``Fine Particulate Matter
Attainment Plan.''
The addition reads as follows:
Sec. 52.670 Identification of plan.
* * * * *
(e) * * *
[[Page 37027]]
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable
Name of SIP provision geographic or State EPA approval date Comments
nonattainment area submittal date
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* * * * * * *
Fine Particulate Matter Franklin County, 12/19/2012; 12/ 8/8/2017, [Insert Approved: moderate area
Attainment Plan. Logan UT-ID PM2.5 24/2014 Federal Register attainment
Nonattainment citation]. demonstration and 2014
Area. reasonable further
progress motor vehicle
emissions budgets.
Conditional Approval:
reasonable further
progress, quantitative
milestone, motor
vehicle emission
budget requirements.
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[FR Doc. 2017-16614 Filed 8-7-17; 8:45 am]
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