Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Rules and Regulations 16201 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0002: FRL–9908–38– 

Region–10] 

Revision to the Idaho State 

Implementation Plan; Approval of Fine 

Particulate Matter Control Measures; 

Franklin County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On December 14, 2012, the 

Idaho Department of Environmental 

Quality (IDEQ) submitted a revision to 

the State Implementation Plan (SIP) to 

address Clean Air Act (CAA) 

requirements for the Idaho portion 

(hereafter referred to as ‘‘Franklin 

County’’) of the cross border Logan, 

Utah-Idaho fine particulate matter 

(PM2.5) nonattainment area (Logan UT– 

ID). The EPA is finalizing a limited 

approval of PM2.5 control measures 

contained in the December 2012 

submittal because incorporation of these 

measures strengthen the Idaho SIP and 

reduce sources of PM2.5 emissions in 

Franklin County that contribute to 

violations of the 2006 PM2.5 standard in 

the Logan UT–ID nonattainment area. 

We will address the remainder of the 

December 2012 SIP submission revision 

in a separate action. 

DATES: This final rule is effective on 

April 24, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2013–0002. 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at (206) 553–0256, hunt.jeff@

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. 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

An explanation of the CAA 

requirements, a detailed explanation of 

the revision, and the EPA’s reasons for 

the limited approval of the SIP 

submission were provided in the notice 

of proposed rulemaking published on 

December 26, 2013, and will not be 

restated here (78 FR 78315). The public 

comment period for this proposed rule 

ended on January 27, 2014. The EPA did 

not receive any comments on the 

proposal. 

II. Final Action 

The EPA is approving and 

incorporating into the SIP the PM2.5

control measures submitted by IDEQ on 

December 14, 2012, except for certain 

provisions related to penalties. 

Provisions describing state or local 

enforcement authority are not 

incorporated into the SIP to avoid 

potential conflict with the EPA’s 

independent authorities. The specific 

penalty provisions excluded from the 

EPA’s incorporation by reference are 

listed in the docket for this action and 

in the table located in 40 CFR 52.670(c). 

As described in the proposed 

rulemaking for this action, the EPA is 

not making a determination that these 

control measures satisfy Reasonably 

Available Control Measures (RACM) or 

any other statutory nonattainment area 

planning requirements under CAA title 

I, part D, subpart 4. However, the 

control measures adopted by IDEQ in 

the Franklin County portion of the 

Logan UT–ID nonattainment area 

provide important PM2.5 reductions that 

strengthen the existing Idaho SIP. Due 

to the cross-state nature of the Logan 

UT–ID nonattainment area, the EPA will 

act on the remainder of Idaho’s 

December 2012 SIP submission in a 

separate action, following a complete 

review of the corresponding Utah SIP 

submission. 

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 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 


tkelley on DSK3SPTVN1PROD with RULES
16202 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Rules and Regulations 

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 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 27, 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, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: March, 10, 2014. 

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 is amended: 

■ a. In paragraph (c) in the table entitled 

‘‘EPA-APPROVED IDAHO 

REGULATIONS AND STATUTES’’ by 

adding seven new entries at the end of 

the section entitled ‘‘City and County 

Ordinances.’’ 

■ b. In paragraph (e) in the table entitled 

‘‘EPA-APPROVED IDAHO 

NONREGULATORY PROVISIONS AND 

QUASI-REGULATORY MEASURES’’ by 

adding two new entries at the end of the 

table. 

The revisions 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 

*******

City and County Ordinances 

*******

City of Clifton Ordinance No. 

120.

Ordinance No. 120 ................. 08/11/12 3/25/14 [Insert page number 

where the document begins].

Except Section 9 (Penalty). 

City of Dayton Ordinance 

#287.

Ordinance #287 ..................... 08/08/12 3/25/14 [Insert page number 

where the document begins].

Except Section 9 (Penalty). 

Franklin City Ordinance No. 

2012–9–12.

Solid Fuel Heating Appliances 09/12/12 3/25/14 [Insert page number 

where the document begins].

Except Section 9 (Penalty). 

Franklin County Ordinance 

No. 2012–6–25.

Solid Fuel Heating Appliances 06/25/12 3/25/14 [Insert page number 

where the document begins].

Except Section 9 (Penalty). 

City of Oxford Memorandum 

of Understanding.

Solid Fuel Heating Appliances 10/22/12 3/25/14 [Insert page number 

where the document begins].

Except #2 of the MOA and 

Section 9 of Exhibit A. 

City of Preston Ordinance No. 

2012–1.

Ordinance No. 2012–1 ........... 06/11/12 3/25/14 [Insert page number 

where the document begins].

Except Section 9 (Penalty). 

City of Weston Ordinance No. 

2012–01.

Ordinance No. 2012–01 ......... 08/01/12 3/25/14 [Insert page number 

where the document begins].

Except Section 9 (Penalty). 

*******

* * * * * (e) * * * 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Rules and Regulations 16203 

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 

*******

Letter of Intent PM 2.5 Reduction, Franklin County 

Road Department to Department of Environmental 

Quality (Voluntary Measure).

Franklin County, Logan UT– 

ID PM2.5 Nonattainment 

Area.

12/19/12 3/25/14 [Insert page number 

where the document begins].

Fine Particulate Matter Control Measures; Franklin 

County. 

Road Sanding Agreement, 

Idaho Transportation Department to Idaho Department of Environmental 

Quality (Voluntary Measure).

Franklin County, Logan UT– 

ID PM2.5 Nonattainment 

Area.

12/19/12 3/25/14 [Insert page number 

where the document begins].

Fine Particulate Matter Control Measures; Franklin 

County. 

[FR Doc. 2014–06352 Filed 3–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R01–OAR–2012–0707; A–1–FRL– 

9908–37–Region 1] 

Approval and Promulgation of State 

Plans (Negative Declarations) for 

Designated Facilities and Pollutants: 

Connecticut, Maine, New Hampshire, 

and Vermont; Withdrawal of State Plan 

for Designated Facilities and 

Pollutants: New Hampshire; Technical 

Corrections to Approved State Plans 

(Negative Declarations): Rhode Island 

and Vermont 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving negative 

declarations for hospital/medical/

infectious waste incinerators (HMIWI) 

for the State of Connecticut and the 

State of New Hampshire and negative 

declarations for sewage sludge 

incinerators (SSI) for the State of Maine 

and the State of Vermont. EPA is also 

approving the withdrawal of a 

previously-approved State Plan for 

HMIWI in the State of New Hampshire. 

Lastly, EPA is making technical 

corrections to Clean Air Act Sections 

111(d) and 129 State Plan (Negative 

Declaration) approvals for Other Solid 

Waste Incinerators (OSWI) for the State 

of Rhode Island and the State of 

Vermont. 

DATES: This direct final rule will be 

effective May 27, 2014, unless EPA 

receives adverse comments by April 24, 

2014. 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. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2012–0707 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: mcdonnell.ida@epa.gov. 3. Fax: (617) 918–0653. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2012–0707’’, 

Ida E. McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, & 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (Mail code OEP05– 

2), Boston, MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Ida E. McDonnell, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 

Office of Ecosystem Protection, Air 

Permits, Toxics, & Indoor Programs 

Unit, 5 Post Office Square—Suite 100, 

(Mail code OEP05–2), Boston, MA 

02109–3912. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2012– 

0707. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. 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: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy at Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact 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 legal holidays. 

In addition, copies of the state 

submittal and EPA’s technical support 

document are also available for public 

inspection during normal business 


tkelley on DSK3SPTVN1PROD with RULES