16790 Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 

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 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. 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 May 20, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: March 4, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.1885 is amended by 

adding paragraph (ff)(13) to read as 

follows: 

§ 52.1885 Control strategy: Ozone. 

* * * * * 

(ff) * * * 

(13) Approval—On October 30, 2012, 

and December 12, 2012, Ohio submitted 

a request to revise the approved 

MOBILE6.2 motor vehicle emission 

budgets (budgets) in the 1997 8-hour 

ozone maintenance plans for the 

Cleveland-Akron-Lorain and Columbus, 

Ohio areas. The budgets are being 

revised with budgets developed with 

the MOVES2010a model. The 2012 

motor vehicle emissions budgets for the 

Cleveland-Akron-Lorain, Ohio area are 

81.54 tpd VOC and 189.27 tpd NOX. The 

2020 motor vehicle emissions budgets 

for the Cleveland-Akron-Lorain, Ohio 

area are 43.17 tpd VOC and 108.36 tpd 

NOX. The 2012 motor vehicle emissions 

budgets for the Columbus, Ohio area are 

93.99 tpd VOC and 188.85 tpd NOX. The 

2020 motor vehicle emissions budgets 

for the Columbus, Ohio area are 50.34 

tpd VOC and 99.12 tpd NOX. 

* * * * * 

[FR Doc. 2013–06210 Filed 3–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0640, FRL–9791–2] 

Approval and Promulgation of State 

Implementation Plans: Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is taking final action 

to approve revisions to Idaho’s State 

Implementation Plan (SIP) submitted by 

the Director of the Idaho Department of 

Environmental Quality (IDEQ) on July 

13, 2011, for approval into the Idaho 

SIP. The submitted revisions relate to 

Idaho’s open burning and crop residue 

disposal requirements and establish a 

streamlined permitting process for spot 

burns, baled agricultural residue burns, 

and propane flaming. The submitted 

revisions also make minor changes to 

the existing crop residue disposal rules 

to update cross references and clarify 

certain administrative information. On 

January 11, 2013, EPA proposed to 

approve these revisions into Idaho’s SIP. 

The EPA is taking final action to 

approve this submittal because it 

satisfies the requirements of the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

April 18, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2011–0640. 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 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 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: 

Donna Deneen at (206) 553–6706, 

deneen.donna@epa.gov, or 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 13, 2013, the Director of the 

Idaho Department of Environmental 

Quality submitted revisions to the Idaho 

SIP that relate to Idaho’s open burning 

and crop residue disposal requirements 

and establish a streamlined permitting 

process for spot burns, baled 

agricultural residue burns, and propane 

flaming. The submitted revisions also 

make minor changes to the existing crop 

residue disposal rules to update cross 

references and clarify certain 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 16791 

administrative information. In a 

proposed rule published on January 11, 

2013, EPA proposed to approve these 

revisions to the Idaho SIP. 78 FR 2359. 

An explanation of the Clean Air Act 

requirements and implementing 

regulations that are met by this SIP, a 

detailed explanation of the revision, and 

EPA’s reasons for approving it were 

provided in the notice of proposed 

rulemaking on January 11, 2013, and 

will not be restated here. The public 

comment period for this proposed rule 

ended on February 11, 2013. EPA did 

not receive any comments on the 

proposal. 

II. Final Action 

EPA is approving the July 13, 2011, 

SIP submittal from the State of Idaho as 

meeting the 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 

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 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 

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). 

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 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. 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 20, 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, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: March 7, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart N—Idaho 

■ 2. Section 52.670(c), the table in 

paragraph (c) is amended: 

■ a. By revising entries 617 and 618. 

■ b. By revising entry 620. 

■ c. By revising entries 622 through 623. 

■ d. By adding in numerical order entry 

624. 

§ 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 

*******

617 ..................... Crop Residue ............................................. 7/1/11, 4/2/08 ... 3/19/13 

[Insert page number where the document 

begins] 

618 ..................... Permit By Rule ........................................... 7/1/11, 4/2/08 ... 3/19/13 

[Insert page number where the document 

begins] 


tkelley on DSK3SPTVN1PROD with RULES
16792 Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 

EPA-APPROVED IDAHO REGULATIONS AND STATUTES—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

620 ..................... Registration Fee ......................................... 7/1/11, 4/2/08 ... 3/19/13 

[Insert page number where the document 

begins] 

* * * * * * * 

622 ..................... General Provisions ..................................... 7/1/11, 4/2/08 ... 3/19/13 

[Insert page number where the document 

begins] 

623 ..................... Public Notification ....................................... 7/1/11, 4/2/08 ... 3/19/13 

[Insert page number where the document 

begins] 

624 ..................... Spot Burn, Baled Agricultural Residue 

Burn, and Propane Flaming Permits.

7/1/11 ............... 3/19/13 

[Insert page number where the document 

begins] 

* * * * * * * 

* * * * * 

[FR Doc. 2013–06198 Filed 3–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2013–0135; FRL–9791–6] 

Designation of Areas for Air Quality 

Planning Purposes; State of California; 

Imperial Valley Planning Area for PM10; 

Clarification of Nonattainment Area 

Boundary 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is clarifying the 

description of the Imperial Valley 

planning area, an area designated as 

nonattainment for the national ambient 

air quality standard for particulate 

matter with an aerodynamic diameter of 

a nominal 10 microns or less (PM10). 

EPA is not changing the boundaries of 

the PM10 area or the status of the area 

as a ‘‘serious’’ PM10 nonattainment area 

but is clarifying the description of this 

partial county area in the Code of 

Federal Regulations. 

DATES: This direct final rule is effective 

May 20, 2013, unless EPA receives 

adverse comment by April 18, 2013. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. We will address all 

public comments in a subsequent final 

rule based on the proposed rule. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2013–0135 by one of the following 

methods: 

1. Federal eRulemaking Portal, at 

www.regulations.gov, please follow the 

on-line instructions; 

2. Email to ward.laweeda@epa.gov; or 

3. Mail or delivery to La Weeda Ward, 

Air Division (AIR–1), U.S. 

Environmental Protection Agency, 

Region 9, 600 Wilshire Blvd., Suite 

1460, Los Angeles, CA 90017. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information you 

consider to be CBI or otherwise 

protected should be clearly identified as 

such and should not be submitted 

through www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: La 

Weeda Ward, Air Division (AIR–1), U.S. 

Environmental Protection Agency, 

Region 9, 600 Wilshire Blvd., Suite 

1460, Los Angeles, CA 90017, telephone 

number (213) 244–1812, or email 

ward.laweeda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

EPA. 

Table of Contents 

I. Background 

II. EPA’s Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

EPA sets the National Ambient Air 

Quality Standards (NAAQS) for certain 

ambient air pollutants at levels required 

to protect public health and welfare. 

Particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

ten micrometers, or PM10, is one of these 

ambient air pollutants for which EPA 

has established health-based standards. 

EPA revised the NAAQS for 

particulate matter on July 1, 1987 (52 FR 

24633), replacing standards for total 


tkelley on DSK3SPTVN1PROD with RULES