Air Plan Approval; Idaho; Inspection and Maintenance Program Removal, 39177-39179 [2023-12699]
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Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Rules and Regulations
competition, employment, investment,
productivity, innovation, or the ability
of United States-based enterprises to
compete with foreign-based enterprises
in domestic and export markets.
Therefore, this rulemaking is not a
‘‘major rule’’ as defined in 5 U.S.C.
804(2).
L. Unfunded Mandates Reform Act of
1995: The changes set forth in this
rulemaking do not involve a Federal
intergovernmental mandate that will
result in the expenditure by State, local,
and tribal governments, in the aggregate,
of $100 million (as adjusted) or more in
any one year, or a Federal private sector
mandate that will result in the
expenditure by the private sector of
$100 million (as adjusted) or more in
any one year, and will not significantly
or uniquely affect small governments.
Therefore, no actions are necessary
under the provisions of the Unfunded
Mandates Reform Act of 1995. See 2
U.S.C. 1501 et seq.
M. National Environmental Policy Act
of 1969: This rulemaking will not have
any effect on the quality of the
environment and is thus categorically
excluded from review under the
National Environmental Policy Act of
1969. See 42 U.S.C. 4321 et seq.
N. National Technology Transfer and
Advancement Act of 1995: The
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) are not applicable because this
rulemaking does not contain provisions
that involve the use of technical
standards.
O. Paperwork Reduction Act of 1995:
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) requires that the
Office consider the impact of paperwork
and other information collection
burdens imposed on the public. The
rules of practice pertaining to patent
term adjustment and extension have
been reviewed and approved by the
OMB under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.)
under OMB control number 0651–0020.
Although this final rule requires the use
of Office form PTO/SB/133 when
making a statement under 37 CFR
1.704(d)(1), the OMB has determined
that, under 5 CFR 1320.3(h), form PTO/
SB/133 does not collect ‘‘information’’
within the meaning of the Paperwork
Reduction Act of 1995. Because the
changes in this rulemaking would not
affect the information collection
requirements or fees associated with the
information collections approved under
OMB control number 0651–0020 or any
other information collection, the Office
is not resubmitting an information
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collection package to the OMB for its
review and approval.
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
P. E-Government Act Compliance:
The USPTO is committed to compliance
with the E-Government Act to promote
the use of the internet and other
information technologies, to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
List of Subjects in 37 CFR Part 1
Administrative practice and
procedure, Biologics, Courts, Freedom
of information, Inventions and patents,
Reporting and record keeping
requirements, Small businesses.
For the reasons set forth in the
preamble, the USPTO amends 37 CFR
part 1 as follows:
PART 1—RULES OF PRACTICE IN
PATENT CASES
1. The authority citation for 37 CFR
part 1 continues to read as follows:
■
Authority: 35 U.S.C. 2(b)(2), unless
otherwise noted.
2. Section 1.704 is amended by adding
paragraph (d)(3) to read as follows:
■
§ 1.704 Reduction of period of adjustment
of patent term.
*
*
*
*
*
(d) * * *
(3) The statement under paragraph
(d)(1) of this section must be submitted
on the Office form (PTO/SB/133)
provided for such a patent term
adjustment statement using the
appropriate document code (PTA.IDS).
Otherwise, the paper or request for
continued examination will be treated
as not accompanied by a statement
under paragraph (d)(1) of this section
unless an application for patent term
adjustment, in compliance with
§ 1.705(b), is filed, establishing that the
paper or request for continued
examination was accompanied by a
statement in compliance with paragraph
(d)(1) of this section. No changes to
statements on this Office form may be
made. The presentation to the Office
(whether by signing, filing, submitting,
or later advocating) of this form,
whether by a practitioner or nonpractitioner, constitutes a certification
under § 11.18(b) of this chapter that the
existing text and any certification
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39177
statements on this form have not been
altered.
*
*
*
*
*
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2023–12712 Filed 6–14–23; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2023–0195; FRL–10612–
02–R10]
Air Plan Approval; Idaho; Inspection
and Maintenance Program Removal
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On March 30, 2023, the
Environmental Protection Agency (EPA)
proposed to approve revisions to the
Idaho State Implementation Plan (SIP)
submitted by the State of Idaho (Idaho
or the State) on December 29, 2022. The
SIP revision, applicable in the BoiseNorthern Ada County Carbon Monoxide
area (Northern Ada County CO area) in
Idaho, removes the Inspection and
Maintenance (I/M) program, which was
previously approved into the SIP for use
as a control measure in the State’s plan
to address motor vehicle emissions in
the nonattainment area. The SIP
revision included a demonstration that
the requested revision would not
interfere with attainment or
maintenance of any national ambient air
quality standard (NAAQS) or with any
other applicable requirement of the
Clean Air Act (CAA). The EPA is taking
final action to approve Idaho’s
December 29, 2022, submission.
DATES: This action is effective on July
17, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2023–0195. 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
SUMMARY:
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Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Rules and Regulations
section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Claudia Vaupel, EPA Region 10 at (206)
553–6121, or vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
INFORMATION CONTACT
I. Background
On December 29, 2022, Idaho
submitted a SIP revision to remove the
Inspection and Maintenance (I/M)
program in the Northern Ada County
Carbon Monoxide (CO) area. The
submission included a demonstration
that the requested revision would not
interfere with attainment or
maintenance of any national ambient air
quality standard (NAAQS) or with any
other applicable requirement of the
Clean Air Act (CAA). Idaho’s
submission also requested that the EPA
remove the ordinances in Table 1 of this
preamble from the Idaho SIP.
TABLE 1—LOCAL I/M ORDINANCES THAT IDAHO REQUESTS BE REMOVED FROM THE NORTHERN ADA COUNTY CO SIP
Ordinance title
Air Quality Board ......................
Ada County ...............................
City of Boise .............................
City of Eagle .............................
City of Garden City ...................
City of Meridian .........................
Motor Vehicle Emissions Control Ordinance ...............................................................................
The 1999 Motor Vehicle Emissions Control Ordinance ...............................................................
The 1999 Motor Vehicle Emissions Control Ordinance ...............................................................
The 1999 Motor Vehicle Emissions Control Ordinance ...............................................................
The 1991 Vehicle Emission Control Ordinance ...........................................................................
The 1999 Motor Vehicle Emissions Control Ordinance ...............................................................
The EPA proposed to approve Idaho’s
SIP revision on March 30, 2023 (88 FR
19030). Subsequently, on April 21,
2023, the EPA made a correction to the
docket number in the proposed rule and
extended the public comment period to
May 22, 2023 (88 FR 24522). An
explanation of the CAA requirements, a
detailed analysis of the submission, and
the EPA’s reasons for approval were
provided in the notice of proposed
rulemaking. The EPA did not receive
comments on the proposed rulemaking
and is taking final action to approve
Idaho’s December 29, 2022, submission.
II. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. The EPA is
removing the local ordinances identified
in section I of this preamble from the
Idaho State Implementation Plan, which
is incorporated by reference under 1
CFR part 51.
III. Statutory and Executive Order
Reviews
lotter on DSK11XQN23PROD with RULES1
Local agency
approval date
Local agency
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
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,
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16:27 Jun 14, 2023
Jkt 259001
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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); and
• 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.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where 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).
Executive Order 12898 (Federal
Actions to Address Environmental
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1/1/2010
6/15/1999
7/20/1999
4/27/1999
8/13/1996
6/1/1999
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
Idaho did not evaluate EJ
considerations as part of its SIP
submission; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
The EPA did not perform an EJ analysis
and did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
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Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Rules and Regulations
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 August 14, 2023. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 8, 2023.
Casey Sixkiller,
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
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
2. In § 52.670:
a. The table in paragraph (c) is
amended by removing entries ‘‘Ada
County Ordinance’’, ‘‘City of Boise
Ordinance’’, ‘‘City of Eagle Ordinance’’,
‘‘City of Garden City Ordinance’’ and
‘‘City of Meridian Ordinance’’; and
■ b. The table in paragraph (e) is
amended by adding an entry for
‘‘Northern Ada County Carbon
Monoxide Limited Maintenance Plan
Revision’’ at the end of the table.
The addition reads as follows:
■
■
§ 52.670
1. The authority citation for part 52
continues to read as follows:
■
39179
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
nonattainment area
Name of SIP provision
*
*
Northern Ada County Carbon Monoxide Limited Maintenance Plan
Revision.
*
Northern Ada County ..
BILLING CODE 6560–50–P
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
This rule is effective on July 17,
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0425. 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., Confidential Business
Information (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. If
you need assistance in a language other
than English or if you are a person with
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
[EPA–R09–OAR–2020–0425; FRL–10618–
02–R9]
Disapproval of Clean Air Plans;
Sacramento Metro, California;
Contingency Measures for 2008 Ozone
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
disapprove under the Clean Air Act
(CAA or ‘‘Act’’), state implementation
plan (SIP) submissions from the State of
California that address contingency
measures requirements for the 2008
ozone national ambient air quality
standards (NAAQS) in the Sacramento
Metro, California ozone nonattainment
area. The EPA is finalizing this
disapproval because the SIP
submissions do not provide for
contingency measures that would be
SUMMARY:
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*
*
6/15/2023, [INSERT Federal Register CITATION].
2023.
40 CFR Part 52
16:27 Jun 14, 2023
*
12/29/2022
EPA approval date
triggered if the area fails to attain the
NAAQS or make reasonable further
progress (RFP).
[FR Doc. 2023–12699 Filed 6–14–23; 8:45 am]
VerDate Sep<11>2014
State
submittal
date
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Comments
*
Removal of I/M program.
FOR FURTHER INFORMATION CONTACT:
Laura Lawrence, EPA Region IX, (415)
972–3407, lawrence.laura@epa.gov.
SUPPLEMENTAL INFORMATION: Throughout
this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’
refer to the EPA.
Table of Contents
I. Summary of Proposed Action
A. Regulatory Background
B. State Submissions and Previous EPA
Actions
C. Contingency Measures Requirements
II. Public Comments
III. Final Action and Clean Air Act
Consequences
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
A. Regulatory Background
On March 28, 2023, the EPA proposed
to disapprove under the CAA, SIP
submissions from the State of California
that address the contingency measures
requirements for the 2008 ozone
NAAQS for the Sacramento Metro,
California ozone nonattainment area.1
This proposed disapproval addressed
the contingency measures portions of
the following two SIP submissions: the
‘‘Sacramento Regional 2008 NAAQS 8hour Ozone Attainment and Reasonable
1 88
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FR 18286.
15JNR1
]]>Agencies
[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39177-39179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12699]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2023-0195; FRL-10612-02-R10]
Air Plan Approval; Idaho; Inspection and Maintenance Program
Removal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On March 30, 2023, the Environmental Protection Agency (EPA)
proposed to approve revisions to the Idaho State Implementation Plan
(SIP) submitted by the State of Idaho (Idaho or the State) on December
29, 2022. The SIP revision, applicable in the Boise-Northern Ada County
Carbon Monoxide area (Northern Ada County CO area) in Idaho, removes
the Inspection and Maintenance (I/M) program, which was previously
approved into the SIP for use as a control measure in the State's plan
to address motor vehicle emissions in the nonattainment area. The SIP
revision included a demonstration that the requested revision would not
interfere with attainment or maintenance of any national ambient air
quality standard (NAAQS) or with any other applicable requirement of
the Clean Air Act (CAA). The EPA is taking final action to approve
Idaho's December 29, 2022, submission.
DATES: This action is effective on July 17, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2023-0195. 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
[[Page 39178]]
INFORMATION CONTACT section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Claudia Vaupel, EPA Region 10 at (206)
553-6121, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it means the EPA.
I. Background
On December 29, 2022, Idaho submitted a SIP revision to remove the
Inspection and Maintenance (I/M) program in the Northern Ada County
Carbon Monoxide (CO) area. The submission included a demonstration that
the requested revision would not interfere with attainment or
maintenance of any national ambient air quality standard (NAAQS) or
with any other applicable requirement of the Clean Air Act (CAA).
Idaho's submission also requested that the EPA remove the ordinances in
Table 1 of this preamble from the Idaho SIP.
Table 1--Local I/M Ordinances That Idaho Requests Be Removed From the Northern Ada County CO SIP
----------------------------------------------------------------------------------------------------------------
Local agency
Local agency Ordinance title approval date
----------------------------------------------------------------------------------------------------------------
Air Quality Board............................. Motor Vehicle Emissions Control Ordinance....... 1/1/2010
Ada County.................................... The 1999 Motor Vehicle Emissions Control 6/15/1999
Ordinance.
City of Boise................................. The 1999 Motor Vehicle Emissions Control 7/20/1999
Ordinance.
City of Eagle................................. The 1999 Motor Vehicle Emissions Control 4/27/1999
Ordinance.
City of Garden City........................... The 1991 Vehicle Emission Control Ordinance..... 8/13/1996
City of Meridian.............................. The 1999 Motor Vehicle Emissions Control 6/1/1999
Ordinance.
----------------------------------------------------------------------------------------------------------------
The EPA proposed to approve Idaho's SIP revision on March 30, 2023
(88 FR 19030). Subsequently, on April 21, 2023, the EPA made a
correction to the docket number in the proposed rule and extended the
public comment period to May 22, 2023 (88 FR 24522). An explanation of
the CAA requirements, a detailed analysis of the submission, and the
EPA's reasons for approval were provided in the notice of proposed
rulemaking. The EPA did not receive comments on the proposed rulemaking
and is taking final action to approve Idaho's December 29, 2022,
submission.
II. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. The EPA is removing the local
ordinances identified in section I of this preamble from the Idaho
State Implementation Plan, which is incorporated by reference under 1
CFR part 51.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, 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);
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); and
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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Idaho did not evaluate EJ considerations as part of its SIP
submission; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA did not perform an EJ
analysis and did not consider EJ in this action. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of Executive Order 12898 of
achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action
[[Page 39179]]
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 August 14, 2023. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and record keeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 8, 2023.
Casey Sixkiller,
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:
0
a. The table in paragraph (c) is amended by removing entries ``Ada
County Ordinance'', ``City of Boise Ordinance'', ``City of Eagle
Ordinance'', ``City of Garden City Ordinance'' and ``City of Meridian
Ordinance''; and
0
b. The table in paragraph (e) is amended by adding an entry for
``Northern Ada County Carbon Monoxide Limited Maintenance Plan
Revision'' at the end of the table.
The addition reads as follows:
Sec. 52.670 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State EPA approval
Name of SIP provision nonattainment submittal date Comments
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Northern Ada County Carbon Northern Ada 12/29/2022 6/15/2023, Removal of I/M program.
Monoxide Limited Maintenance County. [INSERT
Plan Revision. Federal
Register
CITATION].
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[FR Doc. 2023-12699 Filed 6-14-23; 8:45 am]
BILLING CODE 6560-50-P
