Air Plan Approval; ID, Incorporations by Reference Updates and Rule Revisions, 42033-42034 [2018-17825]

Download as PDF 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]


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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


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