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[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42033-42034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17825]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0214, FRL-9982-59--Region 10]

Air Plan Approval; ID, Incorporations by Reference Updates and 
Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve revisions to Idaho's 
State Implementation Plan (SIP) submitted by the Idaho Department of 
Environmental Quality (IDEQ) on March 20, 2018 and April 12, 2018. The 
submitted revisions update incorporation by reference of Federal 
regulations in the Idaho's rules. The revisions also remove an interim 
regulation that expired in 2003.

DATES: This final rule is effective September 19, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R10-OAR-2018-0214, at http://www.regulations.gov. All documents 
in the docket are listed on the https://www.regulations.gov website. 
Although listed in the index, some information is not publicly 
available, e.g., CBI 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 through https://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, or 
[email protected].

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

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review

I. Background

    On March 20, 2018, the Idaho Department of Environmental Quality 
(IDEQ) submitted revisions to the SIP provisions that incorporate by 
reference (IBR) various portions of Federal regulations codified in the 
Code of Federal Regulations (CFR) into the Rules for the Control of Air 
Pollution in Idaho (IDAPA 58.01.01). Additionally, on April 12, 2018, 
Idaho submitted a separate SIP revision to remove an expired interim 
transportation conformity provision.
    On June 29, 2018, EPA proposed to approve Idaho's March 20, 2018, 
and April 12, 2018, SIP submissions. Please see the proposed approval 
for further explanation (83 FR 30626). The public comment period for 
our proposed action ended July 30, 2018. We received three electronic 
comments submitted through https://www.regulations.gov. We reviewed the 
comments and have determined that they are not clearly related to the 
subject of this action and thus are not adverse to this action. 
Therefore, we are finalizing our action as proposed.

II. Final Action

    EPA is approving, and incorporating by reference where appropriate, 
in Idaho's SIP, all revisions to IDAPA 58.01.01.107 Incorporations by 
Reference (state effective March 28, 2018), except .03.f through .p, as 
requested by Idaho on March 20, 2018. EPA is also approving, as 
requested by Idaho on April 12, 2018, removal of IDAPA 58.01.01.582 
Interim Conformity Provisions for Northern Ada County Former 
Nonattainment Area for PM 10 from the Idaho SIP. We have determined 
that the submitted SIP revisions are consistent with section 110 and 
parts C and part D of Title I of the CAA.

III. Incorporation by Reference

    In this rule, EPA is approving regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is incorporating by reference the provisions described above 
in Section II. Final Action and set forth below, as amendments to 40 
CFR part 52.
    Also in this rule, EPA is removing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is removing the incorporation by reference of IDAPA 
58.01.01.582 as described in Section II. Final Action and set forth 
below, as amendments to 40 CFR part 52.
    EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and at the EPA 
Region 10 office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, 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 Clean Air Act. 
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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 it 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).

[[Page 42034]]

    The SIP does not apply on any Indian reservation land or in any 
other area where the EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, this action 
does not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

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

    Dated: August 7, 2018.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 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 (c) is amended by:
0
a. Revising entry 107; and
0
b. Removing entry 582.
    The revision reads as follows:

Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                   EPA-Approved Idaho Regulations and Statutes
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      State citation           Title/subject     State effective date    EPA approval date       Explanations
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      Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
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                                                  * * * * * * *
107......................  Incorporation by      3/28/2018, 3/25/      8/20/2018 [Insert     Except Section
                            Reference.            2016, 3/20/2014, 3/   Federal Register      107.03.f through
                                                  30/2007, 7/1/1997,    citation].            107.03.p.
                                                  5/1/1994.
 
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[FR Doc. 2018-17825 Filed 8-17-18; 8:45 am]
 BILLING CODE 6560-50-P
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