Proposed Rule2023-03415
Air Plan Approval; ID; State Board Composition
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
February 17, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) proposes to approve a revision to the Idaho State Implementation Plan submitted on August 9, 2022. The State of Idaho made the submission to meet the state board composition requirements of the Clean Air Act.
Full Text
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<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
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[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Proposed Rules]
[Pages 10256-10258]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03415]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0753, FRL-10190-01-R10]
Air Plan Approval; ID; State Board Composition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
a revision to the Idaho State Implementation Plan submitted on August
9, 2022. The State of Idaho made the submission to meet the state board
composition requirements of the Clean Air Act.
DATES: Comments must be received on or before March 20, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0753, at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://regulations.gov">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 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 Confidential Business Information or
multimedia submissions, and general guidance on making
[[Page 10257]]
effective comments, please visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">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#d3bbb2bfbffdb8a1baa0a7babd93b6a3b2fdb4bca5"><span class="__cf_email__" data-cfemail="85ede4e9e9abeef7ecf6f1ecebc5e0f5e4abe2eaf3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, the use of ``we''
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
Clean Air Act section 128 requires that each State Implementation
Plan (SIP) include provisions to regulate state boards and agency heads
that approve permits or enforcement orders under the Clean Air Act. The
section has two subsections. The first, 128(a)(1), governs board
composition and requires that at least a majority of board members
represent the public interest and do not derive any significant portion
of income from persons subject to permits or enforcement orders under
the Clean Air Act. The second, 128(a)(2), requires that board members
and agency heads with similar powers adequately disclose any potential
conflicts of interest.
The current Idaho SIP includes two provisions that were approved by
the EPA as meeting the Clean Air Act state board requirements, most
recently in 2013.\1\ Specifically, we approved the Idaho Governor's
Executive Order regarding Appointment of Members of the Board of
Environmental Quality as meeting the board composition requirements of
section 128(a)(1),\2\ and we approved the Idaho Ethics in Government
Act as meeting the conflict of interest disclosure requirements of
section 128(a)(2).\3\
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\1\ 78 FR 63394, October 24, 2013.
\2\ Executive Order 2013-06, dated June 26, 2013, and renewed by
Executive Order 2016-07, dated December 14, 2016.
\3\ Idaho Code sections 59-701 through 59-705, subsequently
relocated to Idaho Code Title 74 Chapter 4, effective July 1, 2015.
See 84 FR 14067, April 9, 2019 for the EPA's proposed determination
that the relevant, substantive components of the law, approved for
purposes of SIP authority, were retained in the recodification, and
see 85 FR 57723, September 16, 2020, finalizing that rulemaking
action.
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Since that time, the Idaho Legislature updated State statute to
effectively replace the prior executive order. Specifically, the
legislature updated Idaho Code section 39-107, which establishes
requirements to be followed when appointing members to the Idaho Board
of Environmental Quality.\4\ On August 9, 2022, the Idaho Department of
Environmental Quality submitted the statutory revision to the EPA for
approval.
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\4\ The EPA first approved this statutory provision into the
Idaho SIP on July 28, 1982 (47 FR 32530), and approved a subsequent
revision on January 16, 2003 (68 FR 2217).
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II. Evaluation
The revision to Idaho Code section 39-107, at paragraph (1)(a),
adds the requirement that at least four of the seven members of the
Idaho Board of Environmental Quality must represent the public interest
and not derive any significant portion of their income from persons
subject to air quality permits or enforcement orders.
After reviewing the submission, we have determined that Idaho Code
39-107, State effective July 1, 2022, is consistent with Clean Air Act
section 128(a)(1) requirements.\5\
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\5\ We note that Idaho's August 9, 2022 SIP revision addresses
the board composition requirement under CAA section 128(a)(1). The
revision does not affect EPA's prior determination that the Idaho
SIP satisfies CAA section 128(a)(2), and that prior determination is
outside the scope of this action.
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III. Proposed Action
The EPA is proposing to approve Idaho's August 9, 2022 SIP revision
as meeting the board composition requirements of Clean Air Act section
128(a)(1). Specifically, we propose to approve and incorporate by
reference Idaho Code 39-107, State effective July 1, 2022, into the
Idaho SIP at 40 CFR 52.670(c).\6\ As discussed in Section II of this
preamble, this statutory provision replaces a prior executive order
issued by the Idaho Governor and approved by the EPA as meeting the
same requirements. Therefore, we are proposing to remove the prior
executive order from the Idaho SIP at 40 CFR 52.670(e).\7\
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\6\ 40 CFR 52.670(c) consists of EPA approved regulatory
provisions.
\7\ Executive Order 2013-06, dated June 26, 2013, and renewed by
Executive Order 2016-07, dated December 14, 2016. 40 CFR 52.670(e)
consists of EPA approved nonregulatory provisions and quasi-
regulatory measures.
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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 provision described in Section III of this preamble. The
EPA has made, and will continue to make, these documents generally
available through <a href="http://regulations.gov">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).
IV. 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).
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In addition, this proposed rulemaking would not apply on any Indian
reservation land or in any other area in 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: February 10, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-03415 Filed 2-16-23; 8:45 am]
BILLING CODE 6560-50-P
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