Air Plan Approval; ID, Incorporations by Reference Updates and Rule Revisions, 42033-42034 [2018-17825]
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Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
[FR Doc. 2018–17823 Filed 8–17–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0214, FRL–9982–
59—Region 10]
Air Plan Approval; ID, Incorporations
by Reference Updates and Rule
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve revisions to Idaho’s State
Implementation Plan (SIP) submitted by
the Idaho Department of Environmental
Quality (IDEQ) on March 20, 2018 and
April 12, 2018. The submitted revisions
update incorporation by reference of
Federal regulations in the Idaho’s rules.
The revisions also remove an interim
regulation that expired in 2003.
DATES: This final rule is effective
September 19, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0214, at
https://www.regulations.gov. All
documents in the docket are listed on
the https://www.regulations.gov
website. 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://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick at (206) 553–1999, or
ruddick.randall@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to EPA.
SUMMARY:
daltland on DSKBBV9HB2PROD with RULES
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background
On March 20, 2018, the Idaho
Department of Environmental Quality
(IDEQ) submitted revisions to the SIP
VerDate Sep<11>2014
17:41 Aug 17, 2018
Jkt 244001
provisions that incorporate by reference
(IBR) various portions of Federal
regulations codified in the Code of
Federal Regulations (CFR) into the Rules
for the Control of Air Pollution in Idaho
(IDAPA 58.01.01). Additionally, on
April 12, 2018, Idaho submitted a
separate SIP revision to remove an
expired interim transportation
conformity provision.
On June 29, 2018, EPA proposed to
approve Idaho’s March 20, 2018, and
April 12, 2018, SIP submissions. Please
see the proposed approval for further
explanation (83 FR 30626). The public
comment period for our proposed action
ended July 30, 2018. We received three
electronic comments submitted through
https://www.regulations.gov. We
reviewed the comments and have
determined that they are not clearly
related to the subject of this action and
thus are not adverse to this action.
Therefore, we are finalizing our action
as proposed.
II. Final Action
EPA is approving, and incorporating
by reference where appropriate, in
Idaho’s SIP, all revisions to IDAPA
58.01.01.107 Incorporations by
Reference (state effective March 28,
2018), except .03.f through .p, as
requested by Idaho on March 20, 2018.
EPA is also approving, as requested by
Idaho on April 12, 2018, removal of
IDAPA 58.01.01.582 Interim Conformity
Provisions for Northern Ada County
Former Nonattainment Area for PM 10
from the Idaho SIP. We have determined
that the submitted SIP revisions are
consistent with section 110 and parts C
and part D of Title I of the CAA.
III. Incorporation by Reference
In this rule, EPA is approving
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is incorporating by reference
the provisions described above in
Section II. Final Action and set forth
below, as amendments to 40 CFR part
52.
Also in this rule, EPA is removing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is removing the incorporation
by reference of IDAPA 58.01.01.582 as
described in Section II. Final Action and
set forth below, as amendments to 40
CFR part 52.
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and at the EPA
Region 10 office (please contact the
person identified in the FOR FURTHER
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
42033
section of this
preamble for more information).
INFORMATION CONTACT
IV. Statutory and Executive Orders
Review
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, the 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 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
it 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).
E:\FR\FM\20AUR1.SGM
20AUR1
42034
Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations
The SIP does not 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, this action does not have tribal
implications and 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 7, 2018.
Chris Hladick,
Regional Administrator, Region 10.
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
2. In § 52.670, the table in paragraph
(c) is amended by:
■ a. Revising entry 107; and
■ b. Removing entry 582.
The revision reads as follows:
■
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
§ 52.670
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
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
*
107 .....................
*
*
*
Incorporation by Reference .. 3/28/2018, 3/25/2016, 3/20/
2014, 3/30/2007, 7/1/1997,
5/1/1994.
*
*
*
*
*
*
*
*
[FR Doc. 2018–17825 Filed 8–17–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R04–OAR–2017–0390; FRL–9982–
70—Region 4]
Air Plan Approval and Air Quality
Designation; KY; Redesignation of the
Kentucky Portion of the Louisville
Unclassifiable Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On May 4, 2018, the
Commonwealth of Kentucky, through
the Kentucky Energy and Environment
Cabinet, Division for Air Quality
(KDAQ), submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the portion of Kentucky
that is within the bi-state Louisville,
KY-IN fine particulate matter (PM2.5)
unclassifiable area (hereinafter referred
to as the ‘‘bi-state Louisville Area’’ or
‘‘Area’’) to unclassifiable/attainment for
the 2012 primary annual PM2.5 national
ambient air quality standard (NAAQS).
The bi-state Louisville Area consists of
Jefferson County and a portion of Bullitt
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:41 Aug 17, 2018
Jkt 244001
*
*
8/20/2018 [Insert Federal
Register citation].
*
County in Kentucky, as well as Clark
and Floyd Counties in Indiana. EPA is
approving the State’s request and
redesignating the Area to unclassifiable/
attainment for the 2012 primary annual
PM2.5 NAAQS based upon valid,
quality-assured, and certified ambient
air monitoring data showing that the
PM2.5 monitors in the bi-state Louisville
Area are in compliance with the 2012
primary annual PM2.5 NAAQS.
DATES: This rule will be effective
September 19, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0390. All documents in the docket
are listed on the www.regulations.gov
website. 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
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
*
*
*
Except Section 107.03.f
through 107.03.p.
*
Georgia 30303–8960. EPA requests that
if at all possible, 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 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Sanchez can
be reached by telephone at (404) 562–
9644 or via electronic mail at
sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, EPA revised
the primary annual NAAQS for PM2.5 at
a level of 12 micrograms per cubic meter
(mg/m3), based on a 3-year average of
annual mean PM2.5 concentrations. See
78 FR 3085 (January 15, 2013). EPA
established the standards based on
significant evidence and numerous
health studies demonstrating that
serious health effects are associated
with exposures to particulate matter.
The process for designating areas
following promulgation of a new or
revised NAAQS is contained in section
E:\FR\FM\20AUR1.SGM
20AUR1
]]>Agencies
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42033-42034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17825]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0214, FRL-9982-59--Region 10]
Air Plan Approval; ID, Incorporations by Reference Updates and
Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve revisions to Idaho's
State Implementation Plan (SIP) submitted by the Idaho Department of
Environmental Quality (IDEQ) on March 20, 2018 and April 12, 2018. The
submitted revisions update incorporation by reference of Federal
regulations in the Idaho's rules. The revisions also remove an interim
regulation that expired in 2003.
DATES: This final rule is effective September 19, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R10-OAR-2018-0214, at https://www.regulations.gov. All documents
in the docket are listed on the https://www.regulations.gov website.
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://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553-1999, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background
On March 20, 2018, the Idaho Department of Environmental Quality
(IDEQ) submitted revisions to the SIP provisions that incorporate by
reference (IBR) various portions of Federal regulations codified in the
Code of Federal Regulations (CFR) into the Rules for the Control of Air
Pollution in Idaho (IDAPA 58.01.01). Additionally, on April 12, 2018,
Idaho submitted a separate SIP revision to remove an expired interim
transportation conformity provision.
On June 29, 2018, EPA proposed to approve Idaho's March 20, 2018,
and April 12, 2018, SIP submissions. Please see the proposed approval
for further explanation (83 FR 30626). The public comment period for
our proposed action ended July 30, 2018. We received three electronic
comments submitted through https://www.regulations.gov. We reviewed the
comments and have determined that they are not clearly related to the
subject of this action and thus are not adverse to this action.
Therefore, we are finalizing our action as proposed.
II. Final Action
EPA is approving, and incorporating by reference where appropriate,
in Idaho's SIP, all revisions to IDAPA 58.01.01.107 Incorporations by
Reference (state effective March 28, 2018), except .03.f through .p, as
requested by Idaho on March 20, 2018. EPA is also approving, as
requested by Idaho on April 12, 2018, removal of IDAPA 58.01.01.582
Interim Conformity Provisions for Northern Ada County Former
Nonattainment Area for PM 10 from the Idaho SIP. We have determined
that the submitted SIP revisions are consistent with section 110 and
parts C and part D of Title I of the CAA.
III. Incorporation by Reference
In this rule, EPA is approving regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is incorporating by reference the provisions described above
in Section II. Final Action and set forth below, as amendments to 40
CFR part 52.
Also in this rule, EPA is removing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is removing the incorporation by reference of IDAPA
58.01.01.582 as described in Section II. Final Action and set forth
below, as amendments to 40 CFR part 52.
EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and at the EPA
Region 10 office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
IV. Statutory and Executive Orders Review
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, the 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 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 it 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).
[[Page 42034]]
The SIP does not 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, this action
does not have tribal implications and 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 7, 2018.
Chris Hladick,
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 (c) is amended by:
0
a. Revising entry 107; and
0
b. Removing entry 582.
The revision reads 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
107...................... Incorporation by 3/28/2018, 3/25/ 8/20/2018 [Insert Except Section
Reference. 2016, 3/20/2014, 3/ Federal Register 107.03.f through
30/2007, 7/1/1997, citation]. 107.03.p.
5/1/1994.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-17825 Filed 8-17-18; 8:45 am]
BILLING CODE 6560-50-P
