Proposed Rule2022-05847
Air Plan Approval; ID, Incorporation by Reference Updates
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 22, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) proposes to approve an update to the Idaho State Implementation Plan (SIP) submitted on October 12, 2021. The submission updates the incorporation by reference of the national ambient air quality standards (NAAQS) and other Federal provisions into the Idaho SIP as of July 1, 2020. Idaho undertakes regular updates to ensure State air rules and the SIP remain consistent with Federal air program requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 55 (Tuesday, March 22, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16131-16133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05847]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2021-0950, FRL-9395-01-R10]
Air Plan Approval; ID, Incorporation by Reference Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
an update to the Idaho State Implementation Plan (SIP) submitted on
October 12, 2021. The submission updates the incorporation by reference
of the national ambient air quality standards (NAAQS) and other Federal
provisions into the Idaho SIP as of July 1, 2020. Idaho undertakes
regular updates to ensure State air rules and the SIP remain consistent
with Federal air program requirements.
DATES: Comments must be received on or before April 21, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0950, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be
[[Page 16132]]
edited or removed from <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The EPA may publish
any comment received to its public docket. Do not electronically submit
any information you consider to be Confidential Business Information
(CBI) or other information the disclosure of which is restricted by
statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, at (206) 553-6357 or
<a href="/cdn-cgi/l/email-protection#2048414c4c0e4b52495354494e604550410e474f56"><span class="__cf_email__" data-cfemail="ea828b8686c4819883999e8384aa8f9a8bc48d859c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, the use of ``we''
and ``us'' is intended to refer to the EPA.
Table of Contents
I. Background
II. Evaluation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110 of the Clean Air Act specifies the general requirements
for states to submit SIPs to attain and maintain the NAAQS and the
EPA's actions on such submissions. To efficiently adopt and implement
the NAAQS and related requirements, Idaho incorporates certain Federal
regulations by reference into the Idaho air rules (IDAPA 58.01.01) at
IDAPA 58.01.01.107.03 Incorporation by Reference. Idaho then submits
some of those provisions to the EPA for approval and codification into
the Code of Federal Regulations (CFR) at 40 CFR part 52, subpart N
(Idaho SIP). When Federal regulations are revised, Idaho updates the
date by which the regulations are incorporated by reference and submits
the updates to the EPA for approval.
II. Evaluation
The current Idaho SIP incorporates the following regulations by
reference, as of July 1, 2019, at IDAPA 58.01.01.107.03, paragraphs a
through e:
<bullet> National Primary and Secondary Ambient Air Quality
Standards, 40 CFR part 50;
<bullet> Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, 40 CFR part 51, with the exception of certain
visibility-related provisions;
<bullet> Approval and Promulgation of Implementation Plans, 40 CFR
part 52, subparts A and N, and appendices D and E;
<bullet> Ambient Air Monitoring Reference and Equivalent Methods,
40 CFR part 53; and
<bullet> Ambient Air Quality Surveillance, 40 CFR part 58.
On October 12, 2021, Idaho submitted updates to the SIP to
incorporate these regulations by reference as of July 1, 2020. Between
July 1, 2019 and July 1, 2020, most of these incorporated Federal
regulations did not change. However, the EPA did revise 40 CFR part 52
subpart N to approve three Idaho SIP revisions. See 84 FR 45918,
September 3, 2019; 84 FR 67189, December 9, 2019; and 85 FR 9664,
February 20, 2020. In addition, the EPA revised 40 CFR part 58 to delay
the implement of revised photochemical assessment monitoring systems.
See 85 FR 834, January 8, 2020.
After reviewing the submitted updates, we have made the preliminary
determination that the updates are consistent with Clean Air Act
requirements.
III. Proposed Action
The EPA proposes to approve and incorporate by reference the
updates to the Idaho SIP submitted on October 12, 2021. Upon final
approval, the Idaho SIP will include IDAPA 58.01.01.107.03, paragraphs
a through e, State effective June 17, 2021, which, as discussed in
section II of this preamble, incorporate by reference the specified
Federal regulations as of July 1, 2020.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the provisions described in section III of this preamble. The
EPA has made, and will continue to make, these documents generally
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
V. 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 proposed 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 proposed action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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 the requirements would be inconsistent
with the Clean Air Act; and
<bullet> 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).
In addition, this proposed rulemaking would not apply on any Indian
reservation land or in any other area in
[[Page 16133]]
Idaho where the EPA or an Indian tribe has demonstrated that a tribe
has jurisdiction. In those areas of Indian country, the proposed rule
would not have tribal implications 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: March 15, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022-05847 Filed 3-21-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 22, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.