[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Rules and Regulations]
[Pages 63394-63396]
[FR Doc No: 2013-24703]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0548, FRL-9901-76-Region 10]

Approval and Promulgation of Implementation Plans; Idaho: State
Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action to approve a revision to the
Idaho State Implementation Plan (SIP) submitted by the State of Idaho
on September 16, 2013, for approval into the Idaho SIP for purposes of
meeting the state board requirements of the Clean Air Act (CAA). The
EPA is also approving the September 16, 2013, revision as meeting the
corresponding state board infrastructure requirements of the CAA for
the 1997 ozone National Ambient Air Quality Standards (NAAQS). On
August 1, 2013, the EPA proposed to approve the July 16, 2013, draft of
this revision submitted for parallel processing. Because the final SIP
revision submitted by Idaho to the EPA on September 16, 2013 is
consistent with the July 16, 2013, submittal, the Idaho SIP will, upon
the effective date of this final approval, contain the required
provisions regarding board composition and disclosure of potential
conflicts of interest. The EPA is taking final action to approve this
revision because it satisfies the requirements of the Clean Air Act
(CAA).

DATES: This final rule is effective on November 25, 2013.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2013-0548. 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 by using the above EPA, Region 10 address.

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

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On July 16, 2013, the State of Idaho submitted a SIP revision for
purposes of meeting the state board requirements of CAA section 128 and
the corresponding state board infrastructure SIP requirements for the
1997 ozone NAAQS. Specifically, Idaho submitted Executive Order 2013-
06, dated June 26, 2013, and Idaho Code Sec. Sec.  59-701 through 705,
Ethics in Government Act, and requested parallel processing on the
submittal. Under the parallel processing procedure, a state submits a
SIP revision to the EPA before final adoption by the state. The EPA
reviews this proposed state action and prepares a notice of proposed
rulemaking. The EPA publishes its notice of proposed rulemaking in the
Federal Register and solicits public comment in approximately the same
time frame during which the state is completing its rulemaking action.
    After submitting the draft July 16, 2013, revision to the EPA,
Idaho provided a public comment period on the draft, and a public
hearing. Idaho's comment period began July 12, 2013 and ended August
13, 2013. The public hearing was held on August 13, 2013. No comments
or testimony were received. In parallel, on August 1, 2013, the EPA
proposed approval of the July 16, 2013, draft SIP revision (78 FR
46549). An explanation of the CAA requirements and implementing
regulations that are met by this SIP revision, a detailed explanation
of the revision, and the EPA's reasons for approving it were provided
in the notice of proposed rulemaking on August 1, 2013, and will not be
restated here (78 FR 46549). The public comment period for the EPA's
proposed approval ended on September 3, 2013 and we received no
comments. Subsequently, Idaho submitted the final SIP revision to the
EPA on September 16, 2013. Because the September 16, 2013, final SIP
revision is consistent with the July 16,

2013, draft SIP revision and we received no comments on our proposal,
we are finalizing our approval in this action.

II. Final Action

    The EPA is approving the September 16, 2013, SIP revision from the
State of Idaho as meeting the state board requirements of the Clean Air
Act.

III. 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 December 23, 2013. 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, Ozone, Reporting and recordkeeping requirements.

    Dated: September 24, 2013.
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. Amend the table in Sec.  52.670(e) entitled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures'' by adding the
following entries to the end to 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          State      EPA approval date         Comments
                                  nonattainment area   submittal date
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                                                  * * * * * * *
Idaho State Board SIP Revision;  Statewide...........       9/16/2013  10-24-13 [Insert   To satisfy the
 Executive Order 2013-06; dated                                         page number        requirements of CAA
 June 26, 2013.                                                         where the          section 128(a)(1) and
                                                                        document begins].  CAA section
                                                                                110(a)(2)(E)(ii) for
                                                                                all criteria
                                                                                pollutants. Executive
                                                                                Order 2013-06 expires
                                                                                June 26, 2017, unless
                                                                                renewed by subsequent
                                                                                Executive Order.
Idaho State Board SIP Revision;  Statewide...........       9/16/2013  10-24-13 [Insert   To satisfy the
 Idaho Code Sec.  Sec.   59-701                                         page number        requirements of CAA
 through 705; Ethics in                                                 where the          section 128(a)(2) and
 Government Act.                                                        document begins].  CAA section
                                                                                110(a)(2)(E)(ii) for
                                                                                all criteria
                                                                                pollutants.
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[FR Doc. 2013-24703 Filed 10-23-13; 8:45 am]
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