Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations 11711 

• 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 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 May 2, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

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

Dated: February 13, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations 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. 

Subpart C—Alaska 

■ 2. Section 52.73 is amended by adding 

paragraphs (a)(1)(iii) and (iv) to read as 

follows: 

§ 52.73 Approval of plans. 

(a) * * * 

(1) * * * 

(iii) The EPA approves the following 

revised sections of the Anchorage 

Transportation Control Program, 

Anchorage CO Maintenance Plan 

(Volume II, Section III.B) of the Alaska 

SIP Submittal adopted July 13, 2011, 

and submitted on September 20, 2011: 

Planning Process (Section III.B.1), 

Maintenance Area Boundary (Section 

III.B.2), Nature of the CO Problem— 

Causes and Trends (Section III.B.3), 

Transportation Control Strategies 

(Section III.B.5), Modeling and 

Projections (Section III.B.6), 

Contingency Plan (Section III.B.7), 

Anchorage Emergency Episode Plan 

(Section III.B.8), Assurance of Adequacy 

(Section III.B.9) and Redesignation 

Request (Section III.B.11). The EPA also 

approves the following revised sections 

of the Appendices (Volume III): 

Anchorage Assembly Resolution No. 

2011–133 (Appendix III.B.1), Anchorage 

2007 Carbon Monoxide Emission 

Inventory and 2007–2023 Emission 

Projections (Appendix III.B.3), Analysis 

of Probability of Complying with the 

National Ambient Air Quality Standard 

for Carbon Monoxide in Anchorage 

between 2007 and 2023 (Appendix 

III.B.6) and Affidavit of Oral Hearing 

(Appendix III.B.10). 

(iv) The EPA approves the following 

revised sections of the Anchorage 

Transportation Control Program, 

Anchorage CO Limited Maintenance 

Plan (Volume II, Section III.B), of the 

Alaska SIP Submittal adopted February 

22, 2013, and submitted on April 22, 

2013: Carbon Monoxide Monitoring 

Program (Section III.B.4) Air Quality 

Conformity Procedures (Section 

III.B.10), Limited Maintenance Plan for 

2014–2024 (Section III.B.12). In this 

action, the EPA also approves the 

following revised sections of the 

Appendices (Volume III): Anchorage 

Assembly Resolution No. 2013–20 

(Appendix III.B.1) and Affidavit of Oral 

Hearing (Appendix III.B.10). 

* * * * * 

[FR Doc. 2014–04452 Filed 2–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0418, FRL–9907–30- 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is partially approving the 

May 9, 2013, State Implementation Plan 

(SIP) submittal from Idaho to revise the 

SIP to update the incorporation by 

reference of Federal air quality 

regulations into the SIP and make minor 

edits and clarifications. The EPA is 

granting limited approval, as SIP 

strengthening, to a portion of the 

submittal that incorporates by reference 

updates to the Federal nonattainment 

new source review (nonattainment NSR) 

requirements that have been recently 

remanded to the EPA by a court. In 

addition, the EPA is partially 

disapproving Idaho’s incorporation by 

reference of two provisions of the 

Federal prevention of significant 

deterioration (PSD) permitting rules that 

have been recently vacated in a separate 

decision by a court. Finally we are 

taking no action on Idaho’s 

incorporation by reference of another 

provision of the Federal PSD permitting 

rules that has also been the subject of a 

court action. Upon the effective date of 

this action, the Idaho SIP will 

incorporate by reference certain Federal 

regulations as of July 1, 2012. 

DATES: This final rule is effective on 

April 2, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2013–0418. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

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11712 Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations 

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 Clean Air Act 

(CAA) specifies the general 

requirements for states to submit SIPs to 

attain and maintain the National 

Ambient Air Quality Standards 

(NAAQS) and the EPA’s actions 

regarding approval of those SIPs. On 

May 9, 2013, the State of Idaho 

submitted a SIP revision to the EPA 

including regulatory changes adopted 

by Idaho on several different dates. On 

January 10, 2014, the EPA proposed 

action on the May 9, 2013, submittal (79 

FR 1795). 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 

January 10, 2014, and will not be 

restated here (79 FR 1795). The public 

comment period for the EPA’s proposed 

action ended on February 10, 2014 and 

we received no comments. 

II. Final Action 

The EPA is partially approving the 

May 9, 2013, submittal from Idaho to 

update the incorporation by reference of 

Federal air quality regulations into the 

SIP and make minor edits and 

clarifications. Specifically, we are 

approving the revisions to IDAPA 

58.01.01.107.03 ‘‘Incorporations by 

Reference,’’ except as noted below; 

IDAPA 58.01.01.006 ‘‘General 

Definitions;’’ IDAPA 58.01.01.220 

‘‘General Exemption Criteria for Permit 

to Construct Exemptions;’’ and IDAPA 

58.01.01.222 ‘‘Category II Exemption.’’ 

The EPA is granting limited approval, as 

SIP strengthening, to a portion of the 

submittal that incorporates by reference 

updates to the Federal nonattainment 

NSR requirements at 40 CFR 51.165 that 

have been recently remanded to the EPA 

by a court. 

We are partially disapproving the 

revision to IDAPA 58.01.01.107.03(c) as 

it relates to the incorporation by 

reference of specific vacated provisions 

at 40 CFR 52.21 (namely, 40 CFR 

52.21(i)(5)(i)(c) and 40 CFR 52.21(k)(2)). 

We are taking no action on the revision 

to IDAPA 58.01.01.107.03(c) as it relates 

to the incorporation by reference of the 

vacated revision to 40 CFR 

52.21(b)(49)(ii)(a). As of the effective 

date of this rule, the Idaho SIP will 

incorporate by reference specific 

Federal regulations as of July 1, 2012. 

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 May 2, 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)). 

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Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations 11713 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, and 

Reporting and recordkeeping 

requirements. 

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

Dated: February 11, 2014. 

Dennis J. McLerran, 

Regional Administrator Region 10. 

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. 

Subpart N—Idaho 

■ 2. In § 52.670: 

■ a. The table in paragraph (c) is 

amended by revising entries 006, 107, 

220, and 222. 

■ b. The table in paragraph (e) is 

amended by adding an entry at the end 

of the table for ‘‘Idaho Department of 

Environmental Quality letter dated 

October 18, 2013 supplementing the 

May 9, 2013 SIP Submittal.’’ 

The revisions and additions read as 

follows: 

§ 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 

* * * * * * * 

006 ................ General Definitions ................. 4/4/13, /30/07, 4/11/06, 7/1/

02, 4/5/00, 3/20/97, 5/1/94.

3/3/14, [Insert page number 

where the document begins].

Except Section 006.49, 

006.50, 006.51, 006.66, 

006.67, and 006.68(b), 

006.114, and 006.116. 

* * * * * * * 

107 ................ Incorporations by Reference .. 4/4/13, 10/6/10, 5/8/09, 3/30/

07, 3/20/04, 7/1/97, 5/1/94.

3/3/14, [Insert page number 

where the document begins].

Except Section 107.03(f) 

through (m), and with respect to 107.03(c), its incorporation by reference of 40 

CFR 52.21(i)(5)(i)(c), (k)(2), 

and the second sentence of 

(b)(49)(ii)(a). 

* * * * * * * 

220 ................ General Exemption Criteria 

For Permit To Construct 

Exemptions.

4/4/13, 4/5/00 ......................... 3/3/14, [Insert page number 

where the document begins].

* * * * * * * 

222 ................ Category II Exemption ........... 4/4/13, 4/11/06, 4/5/00, 5/1/

94, 7/1/97.

3/3/14, [Insert page number 

where the document begins].

* * * * * * * 

* * * * * (e) * * * 

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI–REGULATORY MEASURES

Name of SIP provision Applicable geographic or nonattainment area 

State submittal 

date EPA approval date Comments 

* * * * * * * 

Idaho Department of Environmental Quality letter dated 

October 18, 2013 

supplementing the May 9, 

2013 SIP Submittal.

State-wide .............................. 10/24/13 3/3/14, [Insert page number 

where the document begins].

■ 3. Section 52.683 is amended by 

revising paragraph (a) to read as follows: 

§ 52.683 Significant deterioration of air 

quality. 

(a) The State of Idaho Rules for 

Control of Air Pollution in Idaho, 

specifically, IDAPA 58.01.01.005 

through 007 (definitions), IDAPA 

58.01.01.107.03(a), (b), (c) 

(incorporations by reference) (except, 

with respect to Section 107.03(c), its 

incorporation by reference of 40 CFR 

52.21(i)(5)(i)(c), (k)(2), and the second 

sentence of (b)(49)(ii)(a)), IDAPA 

58.01.01.200 through 222 (permit to 

construct rules); IDAPA 58.01.01.510 

through 516 (stack height rules); and 

IDAPA 58.01.01.575 through 581 

(standards, increments and area 

designations) (except Section 577), are 

approved as meeting the requirements 

of title I, part C, subpart 1 of the Clean 

Air Act for preventing significant 

deterioration of air quality. 

* * * * * 

[FR Doc. 2014–04441 Filed 2–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

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