Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations 42033 

[FR Doc. 2018–17823 Filed 8–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 

ruddick.randall@epa.gov. 

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). 


daltland on DSKBBV9HB2PROD with RULES
42034 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations 

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 

■ 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, the table in paragraph 

(c) is amended by: 

■ a. Revising entry 107; and 

■ b. Removing entry 582. 

The revision reads 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 

*******

107 ..................... Incorporation by Reference .. 3/28/2018, 3/25/2016, 3/20/ 

2014, 3/30/2007, 7/1/1997, 

5/1/1994.

8/20/2018 [Insert Federal 

Register citation].

Except Section 107.03.f 

through 107.03.p. 

* * * * * * * 

* * * * * 

[FR Doc. 2018–17825 Filed 8–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2017–0390; FRL–9982– 

70—Region 4] 

Air Plan Approval and Air Quality 

Designation; KY; Redesignation of the 

Kentucky Portion of the Louisville 

Unclassifiable Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On May 4, 2018, the 

Commonwealth of Kentucky, through 

the Kentucky Energy and Environment 

Cabinet, Division for Air Quality 

(KDAQ), submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the portion of Kentucky 

that is within the bi-state Louisville, 

KY-IN fine particulate matter (PM2.5) 

unclassifiable area (hereinafter referred 

to as the ‘‘bi-state Louisville Area’’ or 

‘‘Area’’) to unclassifiable/attainment for 

the 2012 primary annual PM2.5 national 

ambient air quality standard (NAAQS). 

The bi-state Louisville Area consists of 

Jefferson County and a portion of Bullitt 

County in Kentucky, as well as Clark 

and Floyd Counties in Indiana. EPA is 

approving the State’s request and 

redesignating the Area to unclassifiable/ 

attainment for the 2012 primary annual 

PM2.5 NAAQS based upon valid, 

quality-assured, and certified ambient 

air monitoring data showing that the 

PM2.5 monitors in the bi-state Louisville 

Area are in compliance with the 2012 

primary annual PM2.5 NAAQS. 

DATES: This rule will be effective 

September 19, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0390. All documents in the docket 

are listed on the www.regulations.gov 

website. 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 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, 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 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Sanchez, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. Ms. Sanchez can 

be reached by telephone at (404) 562– 

9644 or via electronic mail at 

sanchez.madolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 14, 2012, EPA revised 

the primary annual NAAQS for PM2.5 at 

a level of 12 micrograms per cubic meter 

(mg/m3), based on a 3-year average of 

annual mean PM2.5 concentrations. See 

78 FR 3085 (January 15, 2013). EPA 

established the standards based on 

significant evidence and numerous 

health studies demonstrating that 

serious health effects are associated 

with exposures to particulate matter. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in section 


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