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[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Rules and Regulations]
[Pages 29358-29359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11508]

[[Page 29358]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0183, FRL-9911-09-Region-10]

Approval and Promulgation of Implementation Plans; Idaho: 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving the February 14, 2012, State 
Implementation Plan (SIP) submittal from Idaho demonstrating that the 
SIP meets the infrastructure requirements of the Clean Air Act (CAA) 
for the National Ambient Air Quality Standards (NAAQS) promulgated for 
lead (Pb) on October 15, 2008. The CAA requires that each state, after 
a new or revised NAAQS is promulgated, review their SIP to ensure that 
it meets the infrastructure requirements necessary to implement the new 
or revised NAAQS. The EPA finds that the Idaho SIP meets the CAA 
infrastructure requirements for the 2008 Pb NAAQS.

DATES: This final rule is effective on June 23, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2012-0183. 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: (206) 553-6357, 
hall.kristin@epa.gov, 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. Final Action
III. Statutory and Executive Order Reviews

I. Background

    Section 110 of the CAA specifies the general requirements for 
states to submit SIPs to attain and maintain the NAAQS and the EPA's 
actions regarding approval of those SIPs. On February 14, 2012, Idaho 
submitted a SIP revision to the EPA demonstrating that the SIP meets 
the infrastructure requirements of the CAA for the 2008 Pb NAAQS. On 
March 26, 2014, we proposed approval of Idaho's February 14, 2012, 
submittal (79 FR 16722). 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 the proposed 
action were provided in the notice of proposed rulemaking on March 26, 
2014, and will not be restated here (79 FR 16722). The public comment 
period for our proposed action ended on April 25, 2014, and we received 
no comments.

II. Final Action

    The EPA is approving the February 14, 2012, submittal from Idaho 
demonstrating that the SIP meets the requirements of sections 110(a)(1) 
and (2) of the CAA for the 2008 Pb NAAQS. Specifically, we find that 
the Idaho SIP meets the following CAA section 110(a)(2) infrastructure 
elements for the 2008 Pb NAAQS: (A), (B), (C), (D), (E), (F), (G), (H), 
(J), (K), (L), and (M). This action is being taken under section 110 of 
the CAA.

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

[[Page 29359]]

``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 July 21, 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)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 1, 2014.
Michelle Pirzadeh,
Acting 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 an 
entry at the end of the table for ``Section 110(a)(2) Infrastructure 
Requirements for the 2008 Pb NAAQS.''
    The addition reads 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 submittal   EPA approval date         Comments
                                 nonattainment area        date
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                                                  * * * * * * *
Section 110(a)(2)                State-wide........       2/14/2012   5/22/2014 [Insert   This action addresses
 Infrastructure Requirements                                           page number where   the following CAA
 for the 2008 Pb NAAQS.                                                the document        elements:
                                                                       begins].            110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
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[FR Doc. 2014-11508 Filed 5-21-14; 8:45 am]
BILLING CODE 6560-50-P
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