Approval and Promulgation of Implementation Plans; Idaho, 11711-11713 [2014-04441]
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Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations
• 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
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 May 2, 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)).
VerDate Mar<15>2010
16:16 Feb 28, 2014
Jkt 232001
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 13, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set out in the
preamble, title 40, chapter I 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.
2. Section 52.73 is amended by adding
paragraphs (a)(1)(iii) and (iv) to read as
follows:
■
Approval of plans.
(a) * * *
(1) * * *
(iii) The EPA approves the following
revised sections of the Anchorage
Transportation Control Program,
Anchorage CO Maintenance Plan
(Volume II, Section III.B) of the Alaska
SIP Submittal adopted July 13, 2011,
and submitted on September 20, 2011:
Planning Process (Section III.B.1),
Maintenance Area Boundary (Section
III.B.2), Nature of the CO Problem—
Causes and Trends (Section III.B.3),
Transportation Control Strategies
(Section III.B.5), Modeling and
Projections (Section III.B.6),
Contingency Plan (Section III.B.7),
Anchorage Emergency Episode Plan
(Section III.B.8), Assurance of Adequacy
(Section III.B.9) and Redesignation
Request (Section III.B.11). The EPA also
approves the following revised sections
of the Appendices (Volume III):
Anchorage Assembly Resolution No.
2011–133 (Appendix III.B.1), Anchorage
2007 Carbon Monoxide Emission
Inventory and 2007–2023 Emission
Projections (Appendix III.B.3), Analysis
of Probability of Complying with the
National Ambient Air Quality Standard
for Carbon Monoxide in Anchorage
between 2007 and 2023 (Appendix
III.B.6) and Affidavit of Oral Hearing
(Appendix III.B.10).
(iv) The EPA approves the following
revised sections of the Anchorage
Transportation Control Program,
Anchorage CO Limited Maintenance
Plan (Volume II, Section III.B), of the
Alaska SIP Submittal adopted February
PO 00000
Frm 00033
Fmt 4700
22, 2013, and submitted on April 22,
2013: Carbon Monoxide Monitoring
Program (Section III.B.4) Air Quality
Conformity Procedures (Section
III.B.10), Limited Maintenance Plan for
2014–2024 (Section III.B.12). In this
action, the EPA also approves the
following revised sections of the
Appendices (Volume III): Anchorage
Assembly Resolution No. 2013–20
(Appendix III.B.1) and Affidavit of Oral
Hearing (Appendix III.B.10).
*
*
*
*
*
[FR Doc. 2014–04452 Filed 2–28–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2013–0418, FRL–9907–30Region 10]
Subpart C—Alaska
§ 52.73
11711
Sfmt 4700
Approval and Promulgation of
Implementation Plans; Idaho
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is partially approving the
May 9, 2013, State Implementation Plan
(SIP) submittal from Idaho to revise the
SIP to update the incorporation by
reference of Federal air quality
regulations into the SIP and make minor
edits and clarifications. The EPA is
granting limited approval, as SIP
strengthening, to a portion of the
submittal that incorporates by reference
updates to the Federal nonattainment
new source review (nonattainment NSR)
requirements that have been recently
remanded to the EPA by a court. In
addition, the EPA is partially
disapproving Idaho’s incorporation by
reference of two provisions of the
Federal prevention of significant
deterioration (PSD) permitting rules that
have been recently vacated in a separate
decision by a court. Finally we are
taking no action on Idaho’s
incorporation by reference of another
provision of the Federal PSD permitting
rules that has also been the subject of a
court action. Upon the effective date of
this action, the Idaho SIP will
incorporate by reference certain Federal
regulations as of July 1, 2012.
DATES: This final rule is effective on
April 2, 2014.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2013–0418. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
E:\FR\FM\03MRR1.SGM
03MRR1
11712
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations
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 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.
Information is organized as follows:
SIP and make minor edits and
clarifications. Specifically, we are
approving the revisions to IDAPA
58.01.01.107.03 ‘‘Incorporations by
Reference,’’ except as noted below;
IDAPA 58.01.01.006 ‘‘General
Definitions;’’ IDAPA 58.01.01.220
‘‘General Exemption Criteria for Permit
to Construct Exemptions;’’ and IDAPA
58.01.01.222 ‘‘Category II Exemption.’’
The EPA is granting limited approval, as
SIP strengthening, to a portion of the
submittal that incorporates by reference
updates to the Federal nonattainment
NSR requirements at 40 CFR 51.165 that
have been recently remanded to the EPA
by a court.
We are partially disapproving the
revision to IDAPA 58.01.01.107.03(c) as
it relates to the incorporation by
reference of specific vacated provisions
at 40 CFR 52.21 (namely, 40 CFR
52.21(i)(5)(i)(c) and 40 CFR 52.21(k)(2)).
We are taking no action on the revision
to IDAPA 58.01.01.107.03(c) as it relates
to the incorporation by reference of the
vacated revision to 40 CFR
52.21(b)(49)(ii)(a). As of the effective
date of this rule, the Idaho SIP will
incorporate by reference specific
Federal regulations as of July 1, 2012.
Table of Contents
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
mstockstill on DSK4VPTVN1PROD with RULES
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
Section 110 of the Clean Air Act
(CAA) specifies the general
requirements for states to submit SIPs to
attain and maintain the National
Ambient Air Quality Standards
(NAAQS) and the EPA’s actions
regarding approval of those SIPs. On
May 9, 2013, the State of Idaho
submitted a SIP revision to the EPA
including regulatory changes adopted
by Idaho on several different dates. On
January 10, 2014, the EPA proposed
action on the May 9, 2013, submittal (79
FR 1795). 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 the
proposed action were provided in the
notice of proposed rulemaking on
January 10, 2014, and will not be
restated here (79 FR 1795). The public
comment period for the EPA’s proposed
action ended on February 10, 2014 and
we received no comments.
II. Final Action
The EPA is partially approving the
May 9, 2013, submittal from Idaho to
update the incorporation by reference of
Federal air quality regulations into the
VerDate Mar<15>2010
16:16 Feb 28, 2014
Jkt 232001
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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 May 2, 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)).
E:\FR\FM\03MRR1.SGM
03MRR1
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Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, and
Reporting and recordkeeping
requirements.
b. The table in paragraph (e) is
amended by adding an entry at the end
of the table for ‘‘Idaho Department of
Environmental Quality letter dated
October 18, 2013 supplementing the
May 9, 2013 SIP Submittal.’’
The revisions and additions read 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
Authority: 42 U.S.C. 7401 et seq.
Dated: February 11, 2014.
Dennis J. McLerran,
Regional Administrator Region 10.
2. In § 52.670:
a. The table in paragraph (c) is
amended by revising entries 006, 107,
220, and 222.
■
§ 52.670
■
40 CFR part 52 is amended as follows:
*
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
*
006 ................
*
General Definitions .................
*
*
4/4/13, /30/07, 4/11/06, 7/1/
02, 4/5/00, 3/20/97, 5/1/94.
*
3/3/14, [Insert page number
where the document begins].
*
*
Except Section 006.49,
006.50, 006.51, 006.66,
006.67, and 006.68(b),
006.114, and 006.116.
*
107 ................
*
Incorporations by Reference ..
*
*
4/4/13, 10/6/10, 5/8/09, 3/30/
07, 3/20/04, 7/1/97, 5/1/94.
*
3/3/14, [Insert page number
where the document begins].
*
*
Except Section 107.03(f)
through (m), and with respect to 107.03(c), its incorporation by reference of 40
CFR 52.21(i)(5)(i)(c), (k)(2),
and the second sentence of
(b)(49)(ii)(a).
*
220 ................
*
General Exemption Criteria
For Permit To Construct
Exemptions.
*
*
4/4/13, 4/5/00 .........................
*
3/3/14, [Insert page number
where the document begins].
*
*
*
222 ................
*
Category II Exemption ...........
*
*
4/4/13, 4/11/06, 4/5/00, 5/1/
94, 7/1/97.
*
3/3/14, [Insert page number
where the document begins].
*
*
*
*
*
*
*
*
*
*
*
*
*
*
(e) * * *
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI–REGULATORY MEASURES
Name of SIP provision
Applicable geographic or nonattainment area
*
*
*
Idaho Department of EnvironState-wide ..............................
mental Quality letter dated
October 18, 2013
supplementing the May 9,
2013 SIP Submittal.
3. Section 52.683 is amended by
revising paragraph (a) to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
§ 52.683
quality.
Significant deterioration of air
(a) The State of Idaho Rules for
Control of Air Pollution in Idaho,
specifically, IDAPA 58.01.01.005
through 007 (definitions), IDAPA
58.01.01.107.03(a), (b), (c)
VerDate Mar<15>2010
16:16 Feb 28, 2014
Jkt 232001
State submittal
date
*
10/24/13
EPA approval date
*
3/3/14, [Insert page number
where the document begins].
(incorporations by reference) (except,
with respect to Section 107.03(c), its
incorporation by reference of 40 CFR
52.21(i)(5)(i)(c), (k)(2), and the second
sentence of (b)(49)(ii)(a)), IDAPA
58.01.01.200 through 222 (permit to
construct rules); IDAPA 58.01.01.510
through 516 (stack height rules); and
IDAPA 58.01.01.575 through 581
(standards, increments and area
PO 00000
Frm 00035
Fmt 4700
Sfmt 9990
Comments
*
*
designations) (except Section 577), are
approved as meeting the requirements
of title I, part C, subpart 1 of the Clean
Air Act for preventing significant
deterioration of air quality.
*
*
*
*
*
[FR Doc. 2014–04441 Filed 2–28–14; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\03MRR1.SGM
03MRR1
]]>Agencies
[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Rules and Regulations]
[Pages 11711-11713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04441]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2013-0418, FRL-9907-30-Region 10]
Approval and Promulgation of Implementation Plans; Idaho
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is partially
approving the May 9, 2013, State Implementation Plan (SIP) submittal
from Idaho to revise the SIP to update the incorporation by reference
of Federal air quality regulations into the SIP and make minor edits
and clarifications. The EPA is granting limited approval, as SIP
strengthening, to a portion of the submittal that incorporates by
reference updates to the Federal nonattainment new source review
(nonattainment NSR) requirements that have been recently remanded to
the EPA by a court. In addition, the EPA is partially disapproving
Idaho's incorporation by reference of two provisions of the Federal
prevention of significant deterioration (PSD) permitting rules that
have been recently vacated in a separate decision by a court. Finally
we are taking no action on Idaho's incorporation by reference of
another provision of the Federal PSD permitting rules that has also
been the subject of a court action. Upon the effective date of this
action, the Idaho SIP will incorporate by reference certain Federal
regulations as of July 1, 2012.
DATES: This final rule is effective on April 2, 2014.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2013-0418. All documents in the
docket are listed on the https://www.regulations.gov Web site. Although
[[Page 11712]]
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 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.
Information is organized as follows:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
Section 110 of the Clean Air Act (CAA) specifies the general
requirements for states to submit SIPs to attain and maintain the
National Ambient Air Quality Standards (NAAQS) and the EPA's actions
regarding approval of those SIPs. On May 9, 2013, the State of Idaho
submitted a SIP revision to the EPA including regulatory changes
adopted by Idaho on several different dates. On January 10, 2014, the
EPA proposed action on the May 9, 2013, submittal (79 FR 1795). 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 the proposed action were provided in the
notice of proposed rulemaking on January 10, 2014, and will not be
restated here (79 FR 1795). The public comment period for the EPA's
proposed action ended on February 10, 2014 and we received no comments.
II. Final Action
The EPA is partially approving the May 9, 2013, submittal from
Idaho to update the incorporation by reference of Federal air quality
regulations into the SIP and make minor edits and clarifications.
Specifically, we are approving the revisions to IDAPA 58.01.01.107.03
``Incorporations by Reference,'' except as noted below; IDAPA
58.01.01.006 ``General Definitions;'' IDAPA 58.01.01.220 ``General
Exemption Criteria for Permit to Construct Exemptions;'' and IDAPA
58.01.01.222 ``Category II Exemption.'' The EPA is granting limited
approval, as SIP strengthening, to a portion of the submittal that
incorporates by reference updates to the Federal nonattainment NSR
requirements at 40 CFR 51.165 that have been recently remanded to the
EPA by a court.
We are partially disapproving the revision to IDAPA
58.01.01.107.03(c) as it relates to the incorporation by reference of
specific vacated provisions at 40 CFR 52.21 (namely, 40 CFR
52.21(i)(5)(i)(c) and 40 CFR 52.21(k)(2)). We are taking no action on
the revision to IDAPA 58.01.01.107.03(c) as it relates to the
incorporation by reference of the vacated revision to 40 CFR
52.21(b)(49)(ii)(a). As of the effective date of this rule, the Idaho
SIP will incorporate by reference specific Federal regulations as of
July 1, 2012.
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 May 2, 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)).
[[Page 11713]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, and Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 11, 2014.
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:
0
a. The table in paragraph (c) is amended by revising entries 006, 107,
220, and 222.
0
b. The table in paragraph (e) is amended by adding an entry at the end
of the table for ``Idaho Department of Environmental Quality letter
dated October 18, 2013 supplementing the May 9, 2013 SIP Submittal.''
The revisions and additions read as follows:
Sec. 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
006................... General Definitions.. 4/4/13, /30/07, 4/11/ 3/3/14, [Insert page Except Section
06, 7/1/02, 4/5/00, number where the 006.49, 006.50,
3/20/97, 5/1/94. document begins]. 006.51, 006.66,
006.67, and
006.68(b), 006.114,
and 006.116.
* * * * * * *
107................... Incorporations by 4/4/13, 10/6/10, 5/8/ 3/3/14, [Insert page Except Section
Reference. 09, 3/30/07, 3/20/ number where the 107.03(f) through
04, 7/1/97, 5/1/94. document begins]. (m), and with
respect to
107.03(c), its
incorporation by
reference of 40 CFR
52.21(i)(5)(i)(c),
(k)(2), and the
second sentence of
(b)(49)(ii)(a).
* * * * * * *
220................... General Exemption 4/4/13, 4/5/00....... 3/3/14, [Insert page ....................
Criteria For Permit number where the
To Construct document begins].
Exemptions.
* * * * * * *
222................... Category II Exemption 4/4/13, 4/11/06, 4/5/ 3/3/14, [Insert page ....................
00, 5/1/94, 7/1/97. number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or non- State submittal EPA approval date Comments
attainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Idaho Department of State-wide......... 10/24/13 3/3/14, [Insert ...................
Environmental Quality letter page number where
dated October 18, 2013 the document
supplementing the May 9, 2013 begins].
SIP Submittal.
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.683 is amended by revising paragraph (a) to read as
follows:
Sec. 52.683 Significant deterioration of air quality.
(a) The State of Idaho Rules for Control of Air Pollution in Idaho,
specifically, IDAPA 58.01.01.005 through 007 (definitions), IDAPA
58.01.01.107.03(a), (b), (c) (incorporations by reference) (except,
with respect to Section 107.03(c), its incorporation by reference of 40
CFR 52.21(i)(5)(i)(c), (k)(2), and the second sentence of
(b)(49)(ii)(a)), IDAPA 58.01.01.200 through 222 (permit to construct
rules); IDAPA 58.01.01.510 through 516 (stack height rules); and IDAPA
58.01.01.575 through 581 (standards, increments and area designations)
(except Section 577), are approved as meeting the requirements of title
I, part C, subpart 1 of the Clean Air Act for preventing significant
deterioration of air quality.
* * * * *
[FR Doc. 2014-04441 Filed 2-28-14; 8:45 am]
BILLING CODE 6560-50-P
