Approval and Promulgation of Implementation Plans; Idaho: State Board Requirements, 63394-63396 [2013-24703]
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63394
Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Rules and Regulations
plan for the Dayton-Springfield, Ohio
area. The inventories and budgets are
being revised with inventories and
budgets developed with the
MOVES2010a model. The 2005 budgets
for the Dayton-Springfield, Ohio area
are 53.37 tons per day (tpd) VOC and
84.66 tpd NOX. The 2018 budgets for the
Dayton-Springfield, Ohio area are 22.35
tpd VOC and 32.47 tpd NOX.
(18) Approval—On March 15, 2013,
Ohio submitted a request to revise the
approved MOBILE6.2 onroad mobile
source emissions inventories and motor
vehicle emission budgets (budgets) in
the 1997 8-hour ozone maintenance
plan for the Ohio portion of the
Steubenville-Weirton, West VirginiaOhio area. The inventories and budgets
are being revised with inventories and
budgets developed with the
MOVES2010a model. The 2009 budgets
for the Ohio portion of the SteubenvilleWeirton, West Virginia-Ohio area are
4.83 tons per day (tpd) VOC and 5.91
tpd NOX. The 2018 budgets for the Ohio
portion of the Steubenville-Weirton,
West Virginia-Ohio area are 2.14 tpd
VOC and 2.43 tpd NOX.
(19) Approval—On April 18, 2013,
Ohio submitted a request to revise the
approved MOBILE6.2 onroad
inventories and motor vehicle emission
budgets (budgets) in the 1997 8-hour
ozone maintenance plan for the Toledo,
Ohio area. The inventories and budgets
are being revised with budgets
developed with the MOVES2010a
model. The 2009 budgets for the Toledo,
Ohio area are 21.61 tons per day (tpd)
VOC and 46.78 tpd NOX. The 2018
budgets for the Toledo, Ohio area are
9.36 tpd VOC and 17.64 tpd NOX.
(20) Approval—On April 26, 2013,
Ohio submitted a request to revise the
approved MOBILE6.2 onroad mobile
source emissions inventories and motor
vehicle emission budgets (budgets) in
the 1997 8-hour ozone maintenance
plan for the Ohio portion of the
Parkersburg-Marietta, West VirginiaOhio area. The inventories and budgets
are being revised with inventories and
budgets developed with the
MOVES2010a model. The 2009 budgets
for the Ohio portion of the ParkersburgMarietta, West Virginia-Ohio area are
4.15 tons per day (tpd) VOC and 7.33
tpd NOX. The 2018 budgets for the Ohio
portion of the Parkersburg-Marietta,
West Virginia-Ohio area are 1.93 tpd
VOC and 3.25 tpd NOX.
*
*
*
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[FR Doc. 2013–24706 Filed 10–23–13; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2013–0548, FRL–9901–76–
Region 10]
Approval and Promulgation of
Implementation Plans; Idaho: State
Board Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is taking final action
to approve a revision to the Idaho State
Implementation Plan (SIP) submitted by
the State of Idaho on September 16,
2013, for approval into the Idaho SIP for
purposes of meeting the state board
requirements of the Clean Air Act
(CAA). The EPA is also approving the
September 16, 2013, revision as meeting
the corresponding state board
infrastructure requirements of the CAA
for the 1997 ozone National Ambient
Air Quality Standards (NAAQS). On
August 1, 2013, the EPA proposed to
approve the July 16, 2013, draft of this
revision submitted for parallel
processing. Because the final SIP
revision submitted by Idaho to the EPA
on September 16, 2013 is consistent
with the July 16, 2013, submittal, the
Idaho SIP will, upon the effective date
of this final approval, contain the
required provisions regarding board
composition and disclosure of potential
conflicts of interest. The EPA is taking
final action to approve this revision
because it satisfies the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on
November 25, 2013.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2013–0548. 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 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 https://
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
SUMMARY:
PO 00000
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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:
Kristin Hall at (206) 553–6357,
hall.kristin@epa.gov, or by using the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are 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
On July 16, 2013, the State of Idaho
submitted a SIP revision for purposes of
meeting the state board requirements of
CAA section 128 and the corresponding
state board infrastructure SIP
requirements for the 1997 ozone
NAAQS. Specifically, Idaho submitted
Executive Order 2013–06, dated June
26, 2013, and Idaho Code §§ 59–701
through 705, Ethics in Government Act,
and requested parallel processing on the
submittal. Under the parallel processing
procedure, a state submits a SIP revision
to the EPA before final adoption by the
state. The EPA reviews this proposed
state action and prepares a notice of
proposed rulemaking. The EPA
publishes its notice of proposed
rulemaking in the Federal Register and
solicits public comment in
approximately the same time frame
during which the state is completing its
rulemaking action.
After submitting the draft July 16,
2013, revision to the EPA, Idaho
provided a public comment period on
the draft, and a public hearing. Idaho’s
comment period began July 12, 2013
and ended August 13, 2013. The public
hearing was held on August 13, 2013.
No comments or testimony were
received. In parallel, on August 1, 2013,
the EPA proposed approval of the July
16, 2013, draft SIP revision (78 FR
46549). An explanation of the CAA
requirements and implementing
regulations that are met by this SIP
revision, a detailed explanation of the
revision, and the EPA’s reasons for
approving it were provided in the notice
of proposed rulemaking on August 1,
2013, and will not be restated here (78
FR 46549). The public comment period
for the EPA’s proposed approval ended
on September 3, 2013 and we received
no comments. Subsequently, Idaho
submitted the final SIP revision to the
EPA on September 16, 2013. Because
the September 16, 2013, final SIP
revision is consistent with the July 16,
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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Rules and Regulations
2013, draft SIP revision and we received
no comments on our proposal, we are
finalizing our approval in this action.
II. Final Action
The EPA is approving the September
16, 2013, SIP revision from the State of
Idaho as meeting the state board
requirements of the Clean Air Act.
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:
• 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
this action 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).
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
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
63395
‘‘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 December 23, 2013. 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, Ozone, Reporting and
recordkeeping requirements.
Dated: September 24, 2013.
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. Amend the table in § 52.670(e)
entitled ‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures’’ by adding the following
entries to the end to read as follows:
■
§ 52.670
*
Identification of plan.
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(e) * * *
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EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
nonattainment
area
State submittal
date
*
Idaho State Board SIP
Revision; Executive
Order 2013–06; dated
June 26, 2013.
*
Statewide ........
Idaho State Board SIP
Revision; Idaho Code
§§ 59–701 through 705;
Ethics in Government
Act.
Statewide ........
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Name of SIP provision
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EPA approval date
Comments
*
9/16/2013
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10–24–13 [Insert page
number where the document begins].
9/16/2013
10–24–13 [Insert page
number where the document begins].
*
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*
To satisfy the requirements of CAA section
128(a)(1) and CAA section 110(a)(2)(E)(ii) for all
criteria pollutants. Executive Order 2013–06 expires June 26, 2017, unless renewed by subsequent Executive Order.
To satisfy the requirements of CAA section
128(a)(2) and CAA section 110(a)(2)(E)(ii) for all
criteria pollutants.
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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Rules and Regulations
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[FR Doc. 2013–24703 Filed 10–23–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 217
[130325286–3653–01]
RIN 0648–BC69
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Replacement of the Elliott
Bay Seawall in Seattle, Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS, upon application from
the City of Seattle’s Department of
Transportation (SDOT), is issuing
regulations to govern the unintentional
taking of marine mammals incidental to
construction associated with the
replacement of the Elliott Bay Seawall
in Seattle, Washington, for the period
October 2013 to October 2018. These
regulations allow for the issuance of
Letters of Authorization (LOAs) for the
incidental take of marine mammals
during the described activities and
specified timeframes, and prescribe the
permissible methods of taking and other
means of effecting the least practicable
adverse impact on marine mammal
species or stocks and their habitat, as
well as requirements pertaining to the
monitoring and reporting of any takings.
DATES: Effective October 21, 2013,
through October 21, 2018.
ADDRESSES: A copy of SDOT’s
application and other supplemental
documents, may be obtained by visiting
the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Documents cited in this notice may also
be viewed, by appointment, during
regular business hours, at the Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910–
3225.
Emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Michelle Magliocca, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
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Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such takings are set forth. NMFS has
defined ‘negligible impact’ in 50 CFR
216.103 as ‘‘an impact resulting from
the specified activity that cannot be
reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘harassment’ as: ‘‘any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild [‘‘Level A harassment’’]; or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering [‘‘Level B
harassment’’].’’
Summary of Request
On September 17, 2012, NMFS
received a complete application from
SDOT requesting authorization for the
take of nine marine mammal species
incidental to replacement of the Elliott
Bay Seawall in Seattle, Washington,
over the course of 5 years. The purpose
of the project is to reduce the risks of
coastal storm and seismic damage and
to protect public safety, critical
infrastructure, and associated economic
activities in the area. Additionally, the
project would improve the degraded
ecosystem functions and processes of
the Elliott Bay nearshore around the
existing seawall. Noise produced during
pile installation and removal activities
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has the potential to take marine
mammals. SDOT requested, and NMFS
will authorize through associated
Letters of Authorization (LOAs), the
take of nine marine mammal species by
Level B harassment only: Pacific harbor
seal (Phoca vitulina), California sea lion
(Zalophus californianus), Steller sea
lion (Eumetopias jubatus), harbor
porpoise (Phocoena phocoena), Dall’s
porpoise (Phocoenoides dalli), southern
resident and transient killer whales
(Orcinus orca), humpback whale
(Megaptera novaengliae), and gray
whale (Eschrichtius jubatus). Injury or
mortality is unlikely during the project,
and take by Level A harassment
(including injury) or mortality is not
authorized.
Description of the Specified Activity
The proposed rule contains a
complete description of SDOT’s
specified activities that are covered by
these final regulations, and for which
the associated incidental take of marine
mammals will be authorized in the
related LOAs (78 FR 22096, April 12,
2013). In summary, SDOT proposes to
replace the Elliott Bay Seawall from
South Washington Street to Broad
Street, along the Seattle waterfront
abutting Elliott Bay in King County,
Washington. The purpose of the project
is to reduce the risks of coastal storm
and seismic damages and to protect
public safety, critical infrastructure, and
associated economic activities along
Seattle’s central waterfront.
Additionally, the project will improve
nearshore ecosystem functions and
processes in the vicinity of the existing
seawall. The project will be constructed
in two phases: Phase 1 will extend for
about 3,600 linear feet (ft) (1 kilometer
(km)) from South Washington Street to
Virginia Street, and Phase 2 will extend
for about 3,500 linear ft (1 km) from
Virginia to Broad Streets.
The new seawall will be constructed
landward of the existing seawall face
and result in a net setback of the wall
from its existing location. The majority
of seawall construction will occur
behind a temporary steel sheet pile
containment wall that will be placed
waterward of the existing seawall
complex and extend the full length of
the construction work area during each
construction season. The narrative
description of the project contained in
the proposed rule has not changed and
is not repeated in full here. Tables 1, 2,
and 3 below list the methods, durations,
and locations of pile driving activities.
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]]>Agencies
[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Rules and Regulations]
[Pages 63394-63396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24703]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2013-0548, FRL-9901-76-Region 10]
Approval and Promulgation of Implementation Plans; Idaho: State
Board Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking final action to approve a revision to the
Idaho State Implementation Plan (SIP) submitted by the State of Idaho
on September 16, 2013, for approval into the Idaho SIP for purposes of
meeting the state board requirements of the Clean Air Act (CAA). The
EPA is also approving the September 16, 2013, revision as meeting the
corresponding state board infrastructure requirements of the CAA for
the 1997 ozone National Ambient Air Quality Standards (NAAQS). On
August 1, 2013, the EPA proposed to approve the July 16, 2013, draft of
this revision submitted for parallel processing. Because the final SIP
revision submitted by Idaho to the EPA on September 16, 2013 is
consistent with the July 16, 2013, submittal, the Idaho SIP will, upon
the effective date of this final approval, contain the required
provisions regarding board composition and disclosure of potential
conflicts of interest. The EPA is taking final action to approve this
revision because it satisfies the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on November 25, 2013.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2013-0548. 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 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 https://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 to 4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357,
hall.kristin@epa.gov, or by using the above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' are 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
On July 16, 2013, the State of Idaho submitted a SIP revision for
purposes of meeting the state board requirements of CAA section 128 and
the corresponding state board infrastructure SIP requirements for the
1997 ozone NAAQS. Specifically, Idaho submitted Executive Order 2013-
06, dated June 26, 2013, and Idaho Code Sec. Sec. 59-701 through 705,
Ethics in Government Act, and requested parallel processing on the
submittal. Under the parallel processing procedure, a state submits a
SIP revision to the EPA before final adoption by the state. The EPA
reviews this proposed state action and prepares a notice of proposed
rulemaking. The EPA publishes its notice of proposed rulemaking in the
Federal Register and solicits public comment in approximately the same
time frame during which the state is completing its rulemaking action.
After submitting the draft July 16, 2013, revision to the EPA,
Idaho provided a public comment period on the draft, and a public
hearing. Idaho's comment period began July 12, 2013 and ended August
13, 2013. The public hearing was held on August 13, 2013. No comments
or testimony were received. In parallel, on August 1, 2013, the EPA
proposed approval of the July 16, 2013, draft SIP revision (78 FR
46549). An explanation of the CAA requirements and implementing
regulations that are met by this SIP revision, a detailed explanation
of the revision, and the EPA's reasons for approving it were provided
in the notice of proposed rulemaking on August 1, 2013, and will not be
restated here (78 FR 46549). The public comment period for the EPA's
proposed approval ended on September 3, 2013 and we received no
comments. Subsequently, Idaho submitted the final SIP revision to the
EPA on September 16, 2013. Because the September 16, 2013, final SIP
revision is consistent with the July 16,
[[Page 63395]]
2013, draft SIP revision and we received no comments on our proposal,
we are finalizing our approval in this action.
II. Final Action
The EPA is approving the September 16, 2013, SIP revision from the
State of Idaho as meeting the state board requirements of the Clean Air
Act.
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:
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 this action 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).
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 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 December 23, 2013. 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, Ozone, Reporting and recordkeeping requirements.
Dated: September 24, 2013.
Dennis J. McLerran,
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. Amend the table in Sec. 52.670(e) entitled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures'' by adding the
following entries to the end to read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Comments
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Idaho State Board SIP Revision; Statewide........... 9/16/2013 10-24-13 [Insert To satisfy the
Executive Order 2013-06; dated page number requirements of CAA
June 26, 2013. where the section 128(a)(1) and
document begins]. CAA section
110(a)(2)(E)(ii) for
all criteria
pollutants. Executive
Order 2013-06 expires
June 26, 2017, unless
renewed by subsequent
Executive Order.
Idaho State Board SIP Revision; Statewide........... 9/16/2013 10-24-13 [Insert To satisfy the
Idaho Code Sec. Sec. 59-701 page number requirements of CAA
through 705; Ethics in where the section 128(a)(2) and
Government Act. document begins]. CAA section
110(a)(2)(E)(ii) for
all criteria
pollutants.
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[[Page 63396]]
* * * * *
[FR Doc. 2013-24703 Filed 10-23-13; 8:45 am]
BILLING CODE 6560-50-P
