[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40662-40664]
[FR Doc No: 2014-16299]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0715, FRL-9913-28-Region-10]

Approval and Promulgation of Implementation Plans; Idaho:
Infrastructure Requirements for the 1997 and 2006 Fine Particulate
Matter and 2008 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Clean Air Act (CAA) requires that each state, after a new
or revised National Ambient Air Quality Standard (NAAQS) is
promulgated, review their State Implementation Plan (SIP) to ensure
that it meets the infrastructure requirements necessary to implement
the new or revised standard. The Environmental Protection Agency (EPA)
finds that the Idaho SIP meets the infrastructure requirements of the
CAA for the NAAQS promulgated for fine particulate matter
(PM2.5) on July 18, 1997 and October 17, 2006, and for ozone
on March 12, 2008. The EPA also finds that the Idaho SIP meets the
interstate transport requirements of the CAA related to prevention of
significant deterioration and visibility for the 2006 PM2.5
and 2008 ozone NAAQS.

DATES: This final rule is effective on August 13, 2014.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2011-0715. 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 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 EPA Region 10, Office of Air,
Waste, and Toxics, AWT-107, 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: Kristin Hall at:<PHONE_NUMBER>,
<EMAIL_ADDRESS>or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us'' or ``our'' is used, it is intended to refer to the EPA.
Information is organized as follows:

Table of Contents

I. Background
II. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On September 15, 2008, June 28, 2010, and August 10, 2011, Idaho
made submissions to the EPA demonstrating that the Idaho SIP meets the
infrastructure requirements of the CAA for the 1997 PM2.5,
2006 PM2.5, and 2008 ozone NAAQS. On March 26, 2014, we
proposed action on these submissions (79 FR 16711). On April 15, 2014,
we made a correction to our proposal because we supplied an incorrect
docket number in our proposed action (79 FR 21179). However, any
commenter wishing to submit comments did not need to resubmit them,
because we routed the comments to the correct docket.
    An explanation of the CAA requirements and implementing regulations
that are met by these SIP submissions, a detailed explanation of the
submissions, and the EPA's reasons for the proposed action were
provided in the notice of proposed rulemaking on March 26, 2014, and
will not be restated here (79 FR 16711). The public comment period for
our proposed action ended on April 25, 2014, and we received one
comment.

II. Response to Comment

    Comment: We received the following anonymous comment through the
www.regulations.gov Web site: ``When

the EPA can stop all the toxic emissions from the multitudes of
volcanos on the earth, then and only then will I give up my wood
stove!! You people need to stop telling us how to live. My taxes pay
your wages and I think your organization needs to be dismantled!''
    Response: Under section 110 of the CAA, states are responsible for
developing provisions to address air pollution for incorporation into
the SIP. The EPA's role is to evaluate these state choices to determine
if the revisions meet the requirements of the CAA. Furthermore, under
section 116 of the CAA, states have authority to adopt or enforce
standards or requirements for the control or abatement of air pollution
(except as specifically limited by the CAA). The EPA must approve state
submissions so long as they meet the minimum requirements established
by the CAA. Union Electric Co. v. EPA, 427 U.S. 246 (1976). To the
extent that the commenter wants to influence these state choices, the
comments are best submitted during the state public comment period,
rather than as part of the EPA's approval or disapproval process. We
have determined that the provisions selected by Idaho for inclusion in
its SIP meet the CAA infrastructure requirements for the 1997 and 2006
fine particulate matter and 2008 ozone standards. We provided a copy of
the comment to Idaho Department of Environmental Quality for
consideration during future state rulemaking, but we are otherwise
taking no further action on the comment.

III. Final Action

    The EPA finds that the Idaho SIP meets the following CAA section
110(a)(2) infrastructure elements for the 1997 PM2.5, 2006
PM2.5, and 2008 ozone NAAQS: (A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). We also find that the Idaho SIP
meets the requirements of CAA section 110(a)(2)(D)(i)(II) as it applies
to prevention of significant deterioration and visibility for the 2006
PM2.5 and 2008 ozone NAAQS. This action is being taken under
section 110 of the CAA.

IV. 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, 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 Order
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and the EPA notes that it will not 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 September 12, 2014. 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)).

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

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Particulate matter, and Reporting and recordkeeping
requirements.

    Dated: June 16, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
    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
three entries at the end of the table for ``Section 110(a)(2)
Infrastructure Requirements for the 1997 PM2.5 NAAQS,''
``Section 110(a)(2) Infrastructure Requirements for the 2006
PM2.5 NAAQS,'' and ``Section 110(a)(2) Infrastructure
Requirements for the 2008 Ozone NAAQS.''
    The additions read as follows:

Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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                                      Applicable
     Name of SIP  provision       geographic or  non-   State submittal    EPA approval date       Comments
                                    attainment area          date
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                                                  * * * * * * *
Section 110(a)(2) Infrastructure  State-wide........  9/15/2008; 6/28/    7/14/2014 [Insert   This action
 Requirements for the 1997 PM2.5                       2010.               page number where   addresses the
 NAAQS.                                                                    the document        following CAA
                                                                           begins].            elements or
                                                                                portions thereof:
                                                                                110(a)(2)(A),
                                                                                (B), (C),
                                                                                (D)(ii), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L),
                                                                                and (M).
Section 110(a)(2) Infrastructure  State-wide........  6/28/2010; 8/10/    7/14/2014 [Insert   This action
 Requirements for the 2006 PM2.5                       2011.               page number where   addresses the
 NAAQS.                                                                    the document        following CAA
                                                                           begins].            elements or
                                                                                portions thereof:
                                                                                110(a)(2)(A),
                                                                                (B), (C),
                                                                                (D)(i)(II),
                                                                                (D)(ii), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L),
                                                                                and (M).
Section 110(a)(2) Infrastructure  State-wide........  6/28/2010.........  7/14/2014 [Insert   This action
 Requirements for the 2008 Ozone                                           page number where   addresses the
 NAAQS.                                                                    the document        following CAA
                                                                           begins].            elements or
                                                                                portions thereof:
                                                                                110(a)(2)(A),
                                                                                (B), (C),
                                                                                (D)(i)(II),
                                                                                (D)(ii), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L),
                                                                                and (M).
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[FR Doc. 2014-16299 Filed 7-11-14; 8:45 am]
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