[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Rules and Regulations]
[Pages 21181-21183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08893]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2013-0581; FRL-9926-52-Region 10]


Approval and Promulgation of Implementation Plans; Idaho: 
Interstate Transport of Fine Particulate Matter

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On June 28, 2010, the State of Idaho submitted a State 
Implementation Plan (SIP) revision to the Environmental Protection 
Agency (EPA) to address certain interstate transport requirements of 
the Clean Air Act (CAA). The EPA finds that the Idaho SIP meets the CAA 
interstate transport requirements that the SIP contain adequate 
provisions prohibiting air emissions that will contribute significantly 
to nonattainment or interfere with maintenance of the 2006 24-hour 
PM<INF>2.5</INF> NAAQS in any other state.

DATES: This final rule is effective on May 18, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R10-OAR-2013-0581. 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-150, 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

[[Page 21182]]

Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, 
<a href="/cdn-cgi/l/email-protection#8fe7eee3e3a1e4fde6fcfbe6e1cfeaffeea1e8e0f9"><span class="__cf_email__" data-cfemail="cda5aca1a1e3a6bfa4beb9a4a38da8bdace3aaa2bb">[email protected]</span></a>, or by using 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

    In a notice of proposed rulemaking published on February 23, 2015 
(80 FR 9423), the EPA proposed to find that the Idaho SIP adequately 
addressed the interstate transport requirements of CAA section 
110(a)(2)(D)(i)(I) for the 2006 24-hour PM<INF>2.5</INF> NAAQS. Please 
see our February 23, 2015, proposed rulemaking for further explanation 
and the basis for our finding. The public comment period for the 
proposed rule ended on March 25, 2015. No comments were received on the 
proposal.

II. Final Action

    The EPA finds that the Idaho SIP meets the interstate transport 
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS. 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:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, the SIP is not approved to 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, the rule does not have Tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 June 16, 2015. 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, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: April 6, 2015.
Michelle L. 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 ``Interstate Transport Requirements 
for the 2006 24-hour PM<INF>2.5</INF> NAAQS'' to read as follows:


Sec.  52.670  Identification of plan.

* * * * *
    (e) * * *

[[Page 21183]]



                                        EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
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                                    Applicable geographic
       Name of SIP provision          or non-attainment         State                 EPA Approval date                           Comments
                                             area          submittal date
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                                                                      * * * * * * *
Interstate Transport Requirements   State-wide...........       6/28/2010  4/17/2015.............................  This action addresses the following
 for the 2006 24-hour PM2.5 NAAQS.                                         [Insert Federal Register citation]....   CAA elements: 110(a)(2)(D)(i)(I).
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[FR Doc. 2015-08893 Filed 4-16-15; 8:45 am]
 BILLING CODE 6560-50-P


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