Air Plan Approval; ID; 2012 PM2.5, 57132-57133 [2017-25930]
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57132
Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations
I. Background Information
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2015–0856; FRL–9971–33–
Region 10]
Air Plan Approval; ID; 2012 PM2.5
Standard Infrastructure Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Whenever a new or revised
National Ambient Air Quality Standard
(NAAQS) is promulgated, each state
must submit a plan for the
implementation, maintenance and
enforcement of such standard—
commonly referred to as infrastructure
requirements. The Environmental
Protection Agency (EPA) finds that the
Idaho State Implementation Plan (SIP)
meets the infrastructure requirements
for the 2012 fine particulate matter
(PM2.5) NAAQS.
DATES: This final rule is effective
January 3, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2015–0856. 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 is publicly available
only in hard copy form. Publicly
available docket materials are available
at https://www.regulations.gov or at EPA
Region 10, Office of Air and Waste, 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:
Matthew Jentgen, Air Planning Unit,
Office of Air and Waste (OAW–150),
Environmental Protection Agency,
Region 10, 1200 Sixth Ave., Suite 900,
Seattle, WA 98101; telephone number:
(206) 553–0340; email address:
jentgen.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
ethrower on DSK3G9T082PROD with RULES
SUMMARY:
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Orders Review
VerDate Sep<11>2014
17:52 Dec 01, 2017
Jkt 244001
On December 23, 2015, Idaho
submitted a certification that the Idaho
SIP meets the infrastructure
requirements of Clean Air Act (CAA)
sections 110(a)(1) and (2) for the 2012
PM2.5 NAAQS. On September 12, 2017,
the EPA proposed to approve the
submission as meeting certain
infrastructure requirements (82 FR
42772). Please see our proposed
rulemaking for further explanation and
the basis for our finding. The public
comment period for this proposal ended
on October 12, 2017. We received
comments in support of this action and
the Idaho Department of Environmental
Quality.
II. Final Action
The EPA finds that the Idaho SIP
meets the following CAA section
110(a)(2) infrastructure elements for the
2012 PM2.5 NAAQS: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). This action is being taken
under section 110 of the CAA.
III. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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);
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
• 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and it will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 2, 2018. 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
E:\FR\FM\04DER1.SGM
04DER1
57133
Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
Dated: November 15, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
List of Subjects in 40 CFR Part 52
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
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.
Subpart N—Idaho
2. In § 52.670, the table in paragraph
(e) is amended by:
■ a. Revising the entry entitled ‘‘Idaho
State Board SIP Revision; Executive
Order 2013–06; dated June 26, 2013’’.
■ b. Adding an entry at the end of the
table for ‘‘Section 110(a)(2)
Infrastructure Requirements—2012
PM2.5 NAAQS’’.
The revision and addition read as
follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.670
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP provision
*
Applicable geographic
or nonattainment area
*
State submittal
date
*
EPA approval date
*
Comments
*
*
*
Chapter VIII—Nonattainment Area Plans
*
Idaho State Board SIP
Revision; Executive
Order 2013–06; dated
June 26, 2013.
*
*
State-wide ....................
9/16/2013
*
Section 110(a)(2) Infrastructure Requirements—2012 PM2.5
NAAQS.
*
*
State-wide ....................
12/23/2015
[FR Doc. 2017–25930 Filed 12–1–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0130; FRL–9970–68Region 9]
Revisions to California State
Implementation Plan; Bay Area Air
Quality Management District; Emission
Reduction Credit Banking
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing action on a
revision to the Bay Area Air Quality
Management District (BAAQMD or
District) portion of the California State
Implementation Plan (SIP). We are
ethrower on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:52 Dec 01, 2017
Jkt 244001
*
10/24/2013, 78 FR
63394.
*
*
*
To satisfy the requirements of CAA section
128(a)(1) and CAA section 110(a)(2)(E)(ii) for
all criteria pollutants. Renewed on December
14, 2016, expiring December 14, 2020, unless renewed by subsequent Executive
Order. See Executive Order 2016–07.
*
*
12/4/2017, [insert Federal Register citation].
*
*
Approves SIP for purposes of CAA sections
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M) for the
2012 PM2.5 NAAQS.
finalizing a conditional approval of one
rule. This revision consists of updates to
provisions governing the issuance and
banking of Emission Reduction Credits
for use in the review and permitting of
major sources and major modifications
under part D of title I of the Clean Air
Act (CAA).
DATES: This rule will be effective on
January 3, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2017–0130. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region 9, (415)
972–3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On September 14, 2017 (82 FR 43202),
the EPA proposed a conditional
approval of the following rule that was
submitted for incorporation into the
BAAQMD portion of the California SIP.
E:\FR\FM\04DER1.SGM
04DER1
]]>Agencies
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Rules and Regulations]
[Pages 57132-57133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25930]
[[Page 57132]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2015-0856; FRL-9971-33-Region 10]
Air Plan Approval; ID; 2012 PM2.5 Standard Infrastructure
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Whenever a new or revised National Ambient Air Quality
Standard (NAAQS) is promulgated, each state must submit a plan for the
implementation, maintenance and enforcement of such standard--commonly
referred to as infrastructure requirements. The Environmental
Protection Agency (EPA) finds that the Idaho State Implementation Plan
(SIP) meets the infrastructure requirements for the 2012 fine
particulate matter (PM2.5) NAAQS.
DATES: This final rule is effective January 3, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2015-0856. 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 is publicly
available only in hard copy form. Publicly available docket materials
are available at https://www.regulations.gov or at EPA Region 10,
Office of Air and Waste, 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: Matthew Jentgen, Air Planning Unit,
Office of Air and Waste (OAW-150), Environmental Protection Agency,
Region 10, 1200 Sixth Ave., Suite 900, Seattle, WA 98101; telephone
number: (206) 553-0340; email address: jentgen.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Orders Review
I. Background Information
On December 23, 2015, Idaho submitted a certification that the
Idaho SIP meets the infrastructure requirements of Clean Air Act (CAA)
sections 110(a)(1) and (2) for the 2012 PM2.5 NAAQS. On
September 12, 2017, the EPA proposed to approve the submission as
meeting certain infrastructure requirements (82 FR 42772). Please see
our proposed rulemaking for further explanation and the basis for our
finding. The public comment period for this proposal ended on October
12, 2017. We received comments in support of this action and the Idaho
Department of Environmental Quality.
II. Final Action
The EPA finds that the Idaho SIP meets the following CAA section
110(a)(2) infrastructure elements for the 2012 PM2.5 NAAQS:
(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M). This action is being taken under section 110 of the CAA.
III. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and it will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 2, 2018. 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
[[Page 57133]]
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: November 15, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart N--Idaho
0
2. In Sec. 52.670, the table in paragraph (e) is amended by:
0
a. Revising the entry entitled ``Idaho State Board SIP Revision;
Executive Order 2013-06; dated June 26, 2013''.
0
b. Adding an entry at the end of the table for ``Section 110(a)(2)
Infrastructure Requirements--2012 PM2.5 NAAQS''.
The revision and addition 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter VIII--Nonattainment Area Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Idaho State Board SIP Revision; State-wide........ 9/16/2013 10/24/2013, 78 FR To satisfy the
Executive Order 2013-06; dated 63394. requirements of CAA
June 26, 2013. section 128(a)(1) and
CAA section
110(a)(2)(E)(ii) for
all criteria
pollutants. Renewed on
December 14, 2016,
expiring December 14,
2020, unless renewed
by subsequent
Executive Order. See
Executive Order 2016-
07.
* * * * * * *
Section 110(a)(2) State-wide........ 12/23/2015 12/4/2017, [insert Approves SIP for
Infrastructure Requirements-- Federal Register purposes of CAA
2012 PM2.5 NAAQS. citation]. sections 110(a)(2)(A),
(B), (C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M) for the
2012 PM2.5 NAAQS.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-25930 Filed 12-1-17; 8:45 am]
BILLING CODE 6560-50-P
