Air Plan Approval; ID: Idaho Portion of the Logan UT-ID 2006 24-Hour PM2.5, 9664-9666 [2020-02744]
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9664
Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Rules and Regulations
television bundle and for the making of
ephemeral recordings necessary to
facilitate those transmissions for the
period commencing January 1, 2021,
and ending on December 31, 2025. 84
FR 60356. The rates and terms in the
proposed rule were the subject of a
settlement between SoundExchange,
Inc., and Sirius XM Inc. Joint Motion to
Adopt Settlement, Docket No. 19–CRB–
0006–NSR (2021–2025) (‘‘NSS IV’’). The
Judges received no comments on the
proposed rule.
The Judges ‘‘may decline to adopt the
agreement as a basis for statutory terms
and rates for participants that are not
parties to the agreement,’’ only ‘‘if any
participant [in the proceeding] objects to
the agreement and the [Judges]
conclude, based on the record before
them if one exists, that the agreement
does not provide a reasonable basis for
setting statutory terms or rates.’’ 17
U.S.C. 801(b)(7)(A)(ii). Because no NSS
IV participant has objected to the
settlement, and the Judges find no basis
in the record to conclude that the
settlement does not provide a
reasonable basis for setting statutory
terms and rates, the Judges adopt the
terms and rates as proposed.
List of Subjects in 37 CFR Part 383
Copyright, Sound recordings,
Webcasters.
Final Regulations
For the reasons set forth in the
preamble, the Copyright Royalty Judges
amend 37 CFR part 383 as follows:
PART 383—RATES AND TERMS FOR
SUBSCRIPTION TRANSMISSIONS AND
THE REPRODUCTION OF
EMPHEMERAL RECORDINGS BY
CERTAIN NEW SUBSCRIPTION
SERVICES
1. The authority citation for part 383
continues to read as follows:
■
Authority: 17 U.S.C. 112(e), 114, and
801(b)(1).
§ 383.1
[Amended]
2. In § 383.1, amend paragraph (a), by
removing ‘‘2016’’ and adding in its
place, ‘‘2021’’, and by removing ‘‘2020’’
and adding in its place, ‘‘2025’’.
■
§ 383.2
[Amended]
3. In § 383.2, amend paragraph (c), by
removing ‘‘2016’’ and adding in its
place, ‘‘2021’’, and by removing ‘‘2020’’
and adding in its place, ‘‘2025’’.
■ 4. Amend § 383.3 by:
■ a. In paragraph (a), removing the
words ‘‘statutory licenses’’ and adding,
in their place, the word ‘‘License’’;
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■
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b. Revising paragraphs (a)(1)(i)
through (v);
■ c. Revising paragraph (a)(2)(i) through
(v); and
■ d. Revising paragraph (c).
The revisions read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 383.3 Royalty fees for public
performances of sound recordings and the
making of ephemeral recordings.
Air Plan Approval; ID: Idaho Portion of
the Logan UT-ID 2006 24-Hour PM2.5
Nonattainment Area; Moderate Plan
Elements
■
(a) * * *
(1) * * *
(i) 2021: $0.0208
(ii) 2022: $0.0214
(iii) 2023: $0.0221
(iv) 2024: $0.0227
(v) 2025: $0.0234
(2) * * *
(i) 2021: $0.0346
(ii) 2022: $0.0356
(iii) 2023: $0.0367
(iv) 2024: $0.0378
(v) 2025: $0.0390
*
*
*
*
*
(c) Allocation between ephemeral
recordings fees and performance royalty
fees. The Collective must credit 5% of
all royalty payments as royalty payment
for Ephemeral Recordings and credit the
remaining 95% to section 114 royalties.
All Ephemeral Recordings that a
Licensee makes which are necessary
and commercially reasonable for making
noninteractive digital transmissions
through a Service are included in the
5%.
§ 383.4
[Amended]
5. In § 383.4 amend paragraph (a) by:
■ a. Removing the words ‘‘subscription
transmissions’’ and adding, in their
place, the words ‘‘Digital audio
transmission’’;
■ b. Removing the words ‘‘preexisting
satellite digital audio radio services’’
and adding, in their place, the words
‘‘Commercial Webcasters’’;
■ c. Removing the words ‘‘part 382,
subpart B’’ and adding, in their place,
the words ‘‘part 380, subpart A’’;
■ d. Removing the years ‘‘2013–2017’’
and adding, in their place, the years
‘‘2021–2025’’;
■ e. Removing the words ‘‘For purposes
of this section’’ and adding, in their
place, the words ‘‘For purposes of this
part’’.
■
Dated: January 21, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
Approved by:
Carla D. Hayden,
Librarian of Congress.
40 CFR Part 52
[EPA–R10–OAR–2018–0597; FRL–10005–
17–Region 10]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Idaho State
Implementation Plan (SIP) submitted on
July 31, 2018. The submission includes
Reasonable Further Progress and
Quantitative Milestone attainment plan
elements, along with updated Motor
Vehicle Emissions Budgets, for the
Idaho portion of the Logan, Utah-Idaho
fine particulate matter (PM2.5)
nonattainment area (Logan UT-ID area).
The EPA’s prior conditional approval
for these elements will be removed and
these elements are now fully approved.
DATES: The final rule is effective March
23, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0597, 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 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, (206) 553–0340,
jentgen.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
SUMMARY:
[FR Doc. 2020–02134 Filed 2–19–20; 8:45 am]
Table of Contents
BILLING CODE 1410–72–P
I. Background
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II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On December 14, 2012 and December
24, 2014, the Idaho Department of
Environmental Quality (IDEQ)
submitted attainment plan elements
designed to attain the 2006 24-hour
PM2.5 National Ambient Air Quality
Standards (NAAQS) in the Idaho
portion of the Logan UT-ID area. On
January 4, 2017, the EPA approved
Idaho’s control measures as meeting
Reasonably Available Control Measures/
Technology (RACM/RACT),
disapproved the attainment plan
submission for contingency measures,
and deferred action on the attainment
demonstration, Reasonable Further
Progress (RFP), Quantitative Milestone
(QM), and Motor Vehicle Emissions
Budgets (MVEB) requirements (82 FR
729). Following our January 4, 2017,
action, in an April 25, 2017 letter, Idaho
committed to further address the RFP,
QM, and MVEB requirements by August
1, 2018. Because Idaho committed to
address these requirements within one
year, in specific ways that the EPA
considered appropriate, the EPA
conditionally approved the RFP, QM,
and MVEB elements of the Idaho
attainment plan on August 8, 2017 (82
FR 37025). In that same action, we also
finalized approval of the Idaho
attainment demonstration and the 2014
MVEBs as early progress budgets. Based
on quality-assured, quality-controlled
data for the period 2015–2017 showing
that the area attained the 2006 24-hour
PM2.5 NAAQS, on October 19, 2018, the
EPA finalized a determination of
attainment by the attainment date and
clean data determination for the Logan
UT-ID area (83 FR 52983).
On July 31, 2018, Idaho submitted a
SIP revision to further address the RFP,
QM, and MVEB elements that the EPA
conditionally approved on August 8,
2017 (Cache SIP Amendment or
submission). The submission can be
found in the docket for this action. On
October 15, 2019, the EPA proposed to
approve the RFP and QM elements and
revised MVEBs in this submission as
meeting the requirements of the CAA
and the EPA’s implementing regulations
(84 FR 55100). Please see our proposed
rulemaking for further explanation and
the basis for our finding. The public
comment period for this proposal ended
on November 14, 2019. No comments
were submitted.
II. Final Action
The EPA is approving the RFP and
QM elements and revised MVEBs in the
Cache SIP Amendment. In taking this
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final action, the EPA’s prior conditional
approval is removed, and these
elements are now fully approved.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air 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
application of those requirements would
be inconsistent with the Clean Air Act;
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
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9665
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 20, 2020.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 28, 2020.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
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Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart N—Idaho
2. In § 52.670, amend the table in
paragraph (e), under the heading
‘‘Chapter VIII—Nonattainment Area
Plans,’’ by removing the two entries
entitled ‘‘Fine Particulate Matter
Attainment Plan’’ and adding an entry
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
at the end of the table entitled ‘‘Cache
Valley Fine Particulate Matter
Attainment Plan’’ to read as follows:
§ 52.670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IDAHO NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP
provision
Applicable geographic or
nonattainment area
State submittal date
EPA approval date
*
Cache Valley Fine Particulate Matter Attainment
Plan.
*
*
Franklin County, Logan
UT-ID PM2.5 Nonattainment Area.
*
12/19/2012, 12/24/2014,
7/31/2018.
*
*
1/4/2017, 82 FR 729; 8/8/2017,
82 FR 37025; 2/20/2020, [Insert Federal Register citation].
[FR Doc. 2020–02744 Filed 2–19–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2018–0510; FRL–10005–
23–Region 4]
Air Plan Approval and Designation of
Areas; FL; Source-Specific SO2 Permit
Limits & Redesignation of the
Hillsborough-Polk 2010 1-Hr SO2
Nonattainment Area to Attainment &
Mulberry Unclassifiable Area to
Attainment/Unclassifiable
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve state implementation plan (SIP)
revisions and two redesignation
requests provided by the State of
Florida, through the Florida Department
of Environmental Protection (FDEP),
related to the 2010 1-hour sulfur dioxide
(SO2) primary national ambient air
quality standard (NAAQS or standard).
Specifically, EPA is approving a
December 1, 2017, SIP revision (as
supplemented through an October 9,
2019, SIP revision discussed below) that
includes SO2 multi-unit permit limits
and associated compliance and
monitoring parameters for Mosaic
Fertilizer LLC’s New Wales facility
(Mosaic New Wales) and Bartow facility
(Mosaic Bartow), both located in Polk
County, Florida. The December 1, 2017,
SIP revision also includes a modeling
analysis to demonstrate that the
Hillsborough-Polk SO2 nonattainment
area (hereinafter referred to as the
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‘‘Hillsborough-Polk Area’’) attains the
SO2 NAAQS with these permit limits.
EPA is also approving an October 9,
2019, request to redesignate the
Hillsborough-Polk Area to attainment
for the 1-hour SO2 NAAQS and
associated SIP revision containing the
State’s plan for maintaining attainment
of the standard in the Hillsborough-Polk
Area. The October 9, 2019, SIP
submittal also revises the modeling
analysis and some permit conditions in
the 2017 SIP revision, contains a baseyear emissions inventory for the
Hillsborough-Polk Area, and certifies
that the Hillsborough-Polk Area meets
nonattainment new source review
(NNSR) requirements. In addition, EPA
is approving an October 9, 2019, request
to redesignate the Mulberry
Unclassifiable Area (hereinafter referred
to as the ‘‘Mulberry Area’’) to
attainment/unclassifiable for the 2010 1hour SO2 NAAQS. FDEP submitted a
draft version of the October 9, 2019,
redesignation requests and SIP revisions
on February 15, 2019, and EPA
proposed to approve those requests and
revisions through parallel processing at
the State’s request.
DATES: This rule will be effective March
23, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0510. 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
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Comments
*
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
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 and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. Sanchez may be reached by phone
at (404) 562–9644 or via electronic mail
at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for the
actions?
On June 2, 2010, EPA revised the
primary SO2 NAAQS, establishing a
new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22,
2010). Under EPA’s regulations at 40
CFR part 50, the 2010 1-hour SO2
NAAQS is met at a monitoring site
when the 3-year average of the annual
99th percentile of daily maximum 1hour average concentrations is less than
or equal to 75 ppb (based on the
rounding convention in 40 CFR part 50,
appendix T). See 40 CFR 50.17.
Ambient air quality monitoring data for
the 3-year period must meet a data
completeness requirement. A year meets
data completeness requirements when
all four quarters are complete, and a
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Agencies
[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Rules and Regulations]
[Pages 9664-9666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02744]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0597; FRL-10005-17-Region 10]
Air Plan Approval; ID: Idaho Portion of the Logan UT-ID 2006 24-
Hour PM2.5 Nonattainment Area; Moderate Plan Elements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Idaho State Implementation Plan
(SIP) submitted on July 31, 2018. The submission includes Reasonable
Further Progress and Quantitative Milestone attainment plan elements,
along with updated Motor Vehicle Emissions Budgets, for the Idaho
portion of the Logan, Utah-Idaho fine particulate matter
(PM2.5) nonattainment area (Logan UT-ID area). The EPA's
prior conditional approval for these elements will be removed and these
elements are now fully approved.
DATES: The final rule is effective March 23, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0597, 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 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, (206) 553-0340,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
Table of Contents
I. Background
[[Page 9665]]
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On December 14, 2012 and December 24, 2014, the Idaho Department of
Environmental Quality (IDEQ) submitted attainment plan elements
designed to attain the 2006 24-hour PM2.5 National Ambient
Air Quality Standards (NAAQS) in the Idaho portion of the Logan UT-ID
area. On January 4, 2017, the EPA approved Idaho's control measures as
meeting Reasonably Available Control Measures/Technology (RACM/RACT),
disapproved the attainment plan submission for contingency measures,
and deferred action on the attainment demonstration, Reasonable Further
Progress (RFP), Quantitative Milestone (QM), and Motor Vehicle
Emissions Budgets (MVEB) requirements (82 FR 729). Following our
January 4, 2017, action, in an April 25, 2017 letter, Idaho committed
to further address the RFP, QM, and MVEB requirements by August 1,
2018. Because Idaho committed to address these requirements within one
year, in specific ways that the EPA considered appropriate, the EPA
conditionally approved the RFP, QM, and MVEB elements of the Idaho
attainment plan on August 8, 2017 (82 FR 37025). In that same action,
we also finalized approval of the Idaho attainment demonstration and
the 2014 MVEBs as early progress budgets. Based on quality-assured,
quality-controlled data for the period 2015-2017 showing that the area
attained the 2006 24-hour PM2.5 NAAQS, on October 19, 2018,
the EPA finalized a determination of attainment by the attainment date
and clean data determination for the Logan UT-ID area (83 FR 52983).
On July 31, 2018, Idaho submitted a SIP revision to further address
the RFP, QM, and MVEB elements that the EPA conditionally approved on
August 8, 2017 (Cache SIP Amendment or submission). The submission can
be found in the docket for this action. On October 15, 2019, the EPA
proposed to approve the RFP and QM elements and revised MVEBs in this
submission as meeting the requirements of the CAA and the EPA's
implementing regulations (84 FR 55100). Please see our proposed
rulemaking for further explanation and the basis for our finding. The
public comment period for this proposal ended on November 14, 2019. No
comments were submitted.
II. Final Action
The EPA is approving the RFP and QM elements and revised MVEBs in
the Cache SIP Amendment. In taking this final action, the EPA's prior
conditional approval is removed, and these elements are now fully
approved.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 application of those requirements would be inconsistent
with the Clean Air Act; 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 20, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 28, 2020.
Chris Hladick,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
[[Page 9666]]
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, amend the table in paragraph (e), under the heading
``Chapter VIII--Nonattainment Area Plans,'' by removing the two entries
entitled ``Fine Particulate Matter Attainment Plan'' and adding an
entry at the end of the table entitled ``Cache Valley Fine Particulate
Matter Attainment Plan'' to read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Idaho Non-Regulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or EPA approval
Name of SIP provision nonattainment State submittal date date Comments
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Cache Valley Fine Particulate Franklin 12/19/2012, 12/24/2014, 7/31/ 1/4/2017, 82 FR
Matter Attainment Plan. County, Logan 2018. 729; 8/8/2017,
UT-ID PM2.5 82 FR 37025; 2/
Nonattainment 20/2020,
Area. [Insert
Federal
Register
citation].
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[FR Doc. 2020-02744 Filed 2-19-20; 8:45 am]
BILLING CODE 6560-50-P