Approval and Promulgation of Implementation Plans; ID, 33651-33653 [2011-14204]
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Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations
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air quality and element (4), interference
with any other state’s required measures
to protect visibility, in a separate action.
EPA will also take action on the portion
of Oregon’s SIP that addresses the 2006
PM2.5 NAAQS and the 2008 8-hour
ozone NAAQS in a separate action.
V. Statutory and Executive Order
Reviews
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, 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 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 Clean Air Act;
and
• Does not provide 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).
VerDate Mar<15>2010
16:22 Jun 08, 2011
Jkt 223001
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 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. 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 August 8, 2011.
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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 27, 2011.
Michelle L. Pirzadeh,
Acting Regional Administrator Region 10.
Chapter I, title 40 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.
PO 00000
Frm 00037
Fmt 4700
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33651
Subpart MM—Oregon
2. Section 52.1989 is added to read as
follows:
■
§ 52.1989 Interstate Transport for the 1997
8-hour ozone NAAQS and 1997 PM2.5
NAAQS.
(a) On June 23, 2010 and December
23, 2010, the Oregon Department of
Environmental Quality submitted a SIP
revision, adopted by the Oregon
Environmental Quality Commission on
April 30, 2010, to meet the requirements
of Clean Air Act section 110(a)(2)(D)(i).
EPA approves the portion of this
submittal relating to significant
contribution to nonattainment of the
NAAQS in any other state and
interference with maintenance of the
NAAQS by any other state.
(b) [Reserved.]
[FR Doc. 2011–14199 Filed 6–8–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2007–0406, FRL–9316–7]
Approval and Promulgation of
Implementation Plans; ID
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving revisions to
the Idaho State Implementation Plan
(SIP) that were submitted to EPA by the
State of Idaho on April 16, 2007. This
SIP submittal includes new and revised
rules which provide the Idaho
Department of Environmental Quality
(IDEQ) the regulatory authority to
address regional haze and to implement
Best Available Retrofit Technology
(BART) requirements.
DATES: This action is effective on July
11, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2007–0406. All documents in the docket
are listed on the https://
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 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 https://
SUMMARY:
E:\FR\FM\09JNR1.SGM
09JNR1
33652
Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations
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.
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:
Steve Body at telephone number: (206)
553–0782, e-mail address:
body.steve@epa.gov, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the
EPA.
Information is organized as follows:
Table of Contents
I. Background
II. Public Comments on the Proposed Action
III. Final Action
IV. Limitations in Indian Country
V. Statutory and Executive Order Reviews
mstockstill on DSK4VPTVN1PROD with RULES
I. Background
On January 5, 2011, EPA published in
the Federal Register, a proposal to
approve new and revised Idaho
administrative rules:
IDAPA58.01.01.006.04.a,b,c; 006.14.a
through z; 006.16; 006.28; 006.42;
006.63.d; 006.65; 006.67; 006.81; 006.91;
006.92.b; 006.99; 006.101.b; 006.124;
006.125; 007.02a.iv; 007.02.d; 651; 665;
666; 667; and 668. These rules provide
the Idaho Department of Environmental
Quality (IDEQ) the regulatory authority
to address regional haze and to
implement Best Available Retrofit
Technology (BART) requirements. See
76 FR 508. Included in Idaho’s SIP
revision submittal were several other
visibility-related rule revisions which
are not specifically related to regional
haze or BART requirements. One
revision related to open burning is not
being addressed in this action because
it was superseded by a subsequent SIP
revision on May 28, 2008, which was
approved in a separate rulemaking on
August 1, 2008. Other revisions related
to permitting are not being addressed in
this action because they were
superseded by subsequent SIP revisions
on May 12, 2008, and June 8, 2009,
which were approved in a separate
rulemaking on November 26, 2010.
The rule revisions were submitted in
accordance with the requirements of
section 110 and part D of the Clean Air
Act.
VerDate Mar<15>2010
16:22 Jun 08, 2011
Jkt 223001
II. Public Comments on the Proposed
Action
EPA provided a 30-day review and
comment period and solicited
comments on our proposal published in
the January 5, 2011, Federal Register
(76 FR 508). EPA received no comments
on this proposed action.
III. Final Action
Pursuant to section 110 of the CAA,
EPA is approving as a SIP revision
Idaho rules:
IDAPA58.01.01.006.04.a,b,c; 006.14.a
through z; 006.16; 006.28; 006.42;
006.63.d; 006.65; 006.67; 006.81; 006.91;
006.92.b; 006.99; 006.101.b; 006.124;
006.125; 007.02a.iv; 007.02.d; 651; 665;
666; 667; and 668, that provide the State
of Idaho authority to impose the BART
provisions of 40 CFR 51.308(e). These
revisions are described in detail in
EPA’s proposed action, published in the
Federal Register on January 5, 2011,
(76 FR 508).
IV. Limitations in Indian Country
Idaho has not demonstrated authority
to implement and enforce IDAPA
chapter 58 within ‘‘Indian Country’’ as
defined in 18 U.S.C. 1151.1 Therefore,
this SIP approval does not extend to
‘‘Indian Country’’ in Idaho. See CAA
sections 110(a)(2)(A) (SIP shall include
enforceable emission limits),
110(a)(2)(E)(i) (State must have adequate
authority under State law to carry out
SIP), and 172(c)(6) (nonattainment SIPs
shall include enforceable emission
limits). This is consistent with EPA’s
previous approval of Idaho’s SIP
revisions, in which EPA specifically
disapproved the program for sources
within Indian Reservations in Idaho
because the State had not shown it had
authority to regulate such sources. See
40 CFR 52.683(b). It is also consistent
with EPA’s approval of Idaho’s title V
air operating permits program.
See 61 FR 64622, 64623 (December 6,
1996) (interim approval does not extend
1 ‘‘Indian country’’ is defined under 18 U.S.C.
1151 as: (1) All land within the limits of any Indian
reservation under the jurisdiction of the United
States Government, notwithstanding the issuance of
any patent, and including rights-of-way running
through the reservation, (2) all dependent Indian
communities within the borders of the United
States, whether within the original or subsequently
acquired territory thereof, and whether within or
without the limits of a State, and (3) all Indian
allotments, the Indian titles to which have not been
extinguished, including rights-of-way through the
same. Under this definition, EPA treats as
reservations trust lands validly set aside for the use
of a Tribe even if the trust lands have not been
formally designated as a reservation. In Idaho,
Indian country includes, but is not limited to, the
Coeur d’Alene Reservation, the Reservation of the
Kootenai Tribe, the Fort hall Indian Reservation,
and the Nez Perce Reservation as described in the
1863 Nez Perce Treaty.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
to Indian Country); 66 FR 50574, 50575
(October 4, 2001) (full approval does not
extend to Indian Country).
V. 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,
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
E:\FR\FM\09JNR1.SGM
09JNR1
33653
Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations
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 August 8, 2011. 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,
and Reporting and recordkeeping
requirements.
Dated: May, 25, 2011.
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(c), the table in
paragraph (c) is amended:
■ a. By revising entries 006 and 007.
■ b. By revising entry 651.
■ c. By adding entries 665 through 668.
■
§ 52.670
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED IDAHO REGULATIONS
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
*
*
3/30/07 4/11/06, 7/1/02, 4/5/00,
3/20/97, 5/1/94.
*
6/9/11 [Insert page number
where the document begins].
007 .....................
Definitions for the
Purposes of Sections 200 through
225 and 400
through 461.
3/30/07, 4/11/06, 4/5/00, 6/30/
95, 5/1/95, 5/1/94.
6/9/11 [Insert page number
where the document begins].
*
651 .....................
*
General Rules .......
*
*
3/30/07, 5/1/94 ...........................
665 .....................
Regional Haze
Rules.
Reasonable
Progress Goals.
Long-Term Strategy for Regional
Haze.
BART Requirement
for Regional
Haze.
3/30/07 .......................................
*
6/9/11 [Insert page
where the document
6/9/11 [Insert page
where the document
6/9/11 [Insert page
where the document
6/9/11 [Insert page
where the document
666 .....................
667 .....................
668 .....................
*
*
3/30/07 .......................................
3/30/07 .......................................
3/30/07 .......................................
*
[FR Doc. 2011–14204 Filed 6–8–11; 8:45 am]
BILLING CODE 6560–50–P
*
FEDERAL COMMUNICATIONS
COMMISSION
mstockstill on DSK4VPTVN1PROD with RULES
Maritime Communications
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
Jkt 223001
PO 00000
Frm 00039
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*
*
*
[WT Docket No. 04–344; FCC 11–80]
16:22 Jun 08, 2011
*
*
number
begins].
number
begins].
number
begins].
number
begins].
6/9/11 [Insert page number
where the document begins].
47 CFR Parts 2, 80 and 90
VerDate Mar<15>2010
*
*
Except Section 006.55(b) (re:
state air toxics in definition of
‘‘modification’’).
Sfmt 4700
In this document, the Federal
Communications Commission
(Commission or FCC) denies a petition
for reconsideration of the period in
which inland VPCSA incumbents must
vacate Channel 87B, and declines to
extend this period generally to non-AIS
operations because such an extension
would undermine the primary goal of
this proceeding. Further, the
Commission determines that
rechannelizing the VPC frequency band
SUMMARY:
E:\FR\FM\09JNR1.SGM
09JNR1
]]>Agencies
[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Rules and Regulations]
[Pages 33651-33653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14204]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2007-0406, FRL-9316-7]
Approval and Promulgation of Implementation Plans; ID
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Idaho State Implementation
Plan (SIP) that were submitted to EPA by the State of Idaho on April
16, 2007. This SIP submittal includes new and revised rules which
provide the Idaho Department of Environmental Quality (IDEQ) the
regulatory authority to address regional haze and to implement Best
Available Retrofit Technology (BART) requirements.
DATES: This action is effective on July 11, 2011.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R10-OAR-2007-0406. All documents in the docket
are listed on the https://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 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 https://
[[Page 33652]]
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. 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: Steve Body at telephone number: (206)
553-0782, e-mail address: body.steve@epa.gov, or the above EPA, Region
10 address.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Information is organized as follows:
Table of Contents
I. Background
II. Public Comments on the Proposed Action
III. Final Action
IV. Limitations in Indian Country
V. Statutory and Executive Order Reviews
I. Background
On January 5, 2011, EPA published in the Federal Register, a
proposal to approve new and revised Idaho administrative rules:
IDAPA58.01.01.006.04.a,b,c; 006.14.a through z; 006.16; 006.28; 006.42;
006.63.d; 006.65; 006.67; 006.81; 006.91; 006.92.b; 006.99; 006.101.b;
006.124; 006.125; 007.02a.iv; 007.02.d; 651; 665; 666; 667; and 668.
These rules provide the Idaho Department of Environmental Quality
(IDEQ) the regulatory authority to address regional haze and to
implement Best Available Retrofit Technology (BART) requirements. See
76 FR 508. Included in Idaho's SIP revision submittal were several
other visibility-related rule revisions which are not specifically
related to regional haze or BART requirements. One revision related to
open burning is not being addressed in this action because it was
superseded by a subsequent SIP revision on May 28, 2008, which was
approved in a separate rulemaking on August 1, 2008. Other revisions
related to permitting are not being addressed in this action because
they were superseded by subsequent SIP revisions on May 12, 2008, and
June 8, 2009, which were approved in a separate rulemaking on November
26, 2010.
The rule revisions were submitted in accordance with the
requirements of section 110 and part D of the Clean Air Act.
II. Public Comments on the Proposed Action
EPA provided a 30-day review and comment period and solicited
comments on our proposal published in the January 5, 2011, Federal
Register (76 FR 508). EPA received no comments on this proposed action.
III. Final Action
Pursuant to section 110 of the CAA, EPA is approving as a SIP
revision Idaho rules: IDAPA58.01.01.006.04.a,b,c; 006.14.a through z;
006.16; 006.28; 006.42; 006.63.d; 006.65; 006.67; 006.81; 006.91;
006.92.b; 006.99; 006.101.b; 006.124; 006.125; 007.02a.iv; 007.02.d;
651; 665; 666; 667; and 668, that provide the State of Idaho authority
to impose the BART provisions of 40 CFR 51.308(e). These revisions are
described in detail in EPA's proposed action, published in the Federal
Register on January 5, 2011, (76 FR 508).
IV. Limitations in Indian Country
Idaho has not demonstrated authority to implement and enforce IDAPA
chapter 58 within ``Indian Country'' as defined in 18 U.S.C. 1151.\1\
Therefore, this SIP approval does not extend to ``Indian Country'' in
Idaho. See CAA sections 110(a)(2)(A) (SIP shall include enforceable
emission limits), 110(a)(2)(E)(i) (State must have adequate authority
under State law to carry out SIP), and 172(c)(6) (nonattainment SIPs
shall include enforceable emission limits). This is consistent with
EPA's previous approval of Idaho's SIP revisions, in which EPA
specifically disapproved the program for sources within Indian
Reservations in Idaho because the State had not shown it had authority
to regulate such sources. See 40 CFR 52.683(b). It is also consistent
with EPA's approval of Idaho's title V air operating permits program.
See 61 FR 64622, 64623 (December 6, 1996) (interim approval does not
extend to Indian Country); 66 FR 50574, 50575 (October 4, 2001) (full
approval does not extend to Indian Country).
---------------------------------------------------------------------------
\1\ ``Indian country'' is defined under 18 U.S.C. 1151 as: (1)
All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running through
the reservation, (2) all dependent Indian communities within the
borders of the United States, whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a State, and (3) all Indian allotments, the
Indian titles to which have not been extinguished, including rights-
of-way through the same. Under this definition, EPA treats as
reservations trust lands validly set aside for the use of a Tribe
even if the trust lands have not been formally designated as a
reservation. In Idaho, Indian country includes, but is not limited
to, the Coeur d'Alene Reservation, the Reservation of the Kootenai
Tribe, the Fort hall Indian Reservation, and the Nez Perce
Reservation as described in the 1863 Nez Perce Treaty.
---------------------------------------------------------------------------
V. 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, 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
[[Page 33653]]
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 August 8, 2011. 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, and Reporting and recordkeeping
requirements.
Dated: May, 25, 2011.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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(c), the table in paragraph (c) is amended:
0
a. By revising entries 006 and 007.
0
b. By revising entry 651.
0
c. By adding entries 665 through 668.
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Idaho Regulations
----------------------------------------------------------------------------------------------------------------
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 3/30/07 4/11/06, 7/1/ 6/9/11 [Insert page Except Section
Definitions. 02, 4/5/00, 3/20/ number where the 006.55(b) (re:
97, 5/1/94. document begins]. state air toxics in
definition of
``modification'').
007.......................... Definitions for 3/30/07, 4/11/06, 4/ 6/9/11 [Insert page
the Purposes 5/00, 6/30/95, 5/1/ number where the
of Sections 95, 5/1/94. document begins].
200 through
225 and 400
through 461.
* * * * * * *
651.......................... General Rules.. 3/30/07, 5/1/94..... 6/9/11 [Insert page
number where the
document begins].
665.......................... Regional Haze 3/30/07............. 6/9/11 [Insert page
Rules. number where the
document begins].
666.......................... Reasonable 3/30/07............. 6/9/11 [Insert page
Progress Goals. number where the
document begins].
667.......................... Long-Term 3/30/07............. 6/9/11 [Insert page
Strategy for number where the
Regional Haze. document begins].
668.......................... BART 3/30/07............. 6/9/11 [Insert page
Requirement number where the
for Regional document begins].
Haze.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2011-14204 Filed 6-8-11; 8:45 am]
BILLING CODE 6560-50-P
