Rule2023-11261
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
May 26, 2023
Effective
June 26, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a revision to the Idaho State Implementation Plan (SIP) submitted on August 9, 2022. The revision was submitted to meet the state board composition requirements of the Clean Air Act.
Full Text
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<title>Federal Register, Volume 88 Issue 102 (Friday, May 26, 2023)</title>
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[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Rules and Regulations]
[Pages 34091-34093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11261]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0753, FRL-10190-02-R10]
Air Plan Approval; ID; State Board Composition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Idaho State Implementation Plan (SIP) submitted on
August 9, 2022. The revision was submitted to meet the state board
composition requirements of the Clean Air Act.
DATES: This final rule is effective June 26, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2022-0753. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
[[Page 34092]]
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Kristin Hall (15-H13), EPA Region 10,
1200 Sixth Avenue, (Suite 155), Seattle, WA 98101, (206) 553-6357,
<a href="/cdn-cgi/l/email-protection#8be3eae7e7a5e0f9e2f8ffe2e5cbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="036b626f6f2d68716a70776a6d436673622d646c75">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it means the EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
On August 9, 2022, Idaho submitted a SIP revision to meet the state
board composition requirements of Clean Air Act section 128(a)(1). On
February 17, 2023, we proposed to approve the submitted SIP revision
(88 FR 10256). The reasons for our proposed approval are included in
the proposal and will not be restated here. The public comment period
closed on March 20, 2023. We received one anonymous comment in support
of our proposed action, therefore we are finalizing our action as
proposed.
II. Final Action
The EPA is approving and incorporating by reference a revision to
the Idaho SIP submitted on August 9, 2022. Upon the effective date of
this action, the Idaho SIP will include Idaho Code section 39-
107(1)(a), state effective July 1, 2022. This provision establishes the
composition requirements for the Idaho Board of Environmental Quality.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, we are finalizing the incorporation by reference of the
Idaho statutory provision described in section II of this preamble and
set forth in the amendments to 40 CFR part 52 in this document. The EPA
has made, and will continue to make, these materials 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).
Therefore, these materials have been approved by the EPA for inclusion
in the SIP, have been incorporated by reference by the EPA into that
plan, are fully federally enforceable under sections 110 and 113 of the
Clean Air Act as of the effective date of the final rule of the EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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 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:
<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); and
<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 those requirements would be inconsistent
with the Clean Air Act.
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.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the Clean Air Act 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. Due to the nature of this action, it is
expected to have a neutral to positive impact on the air quality of the
affected area. 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.
In addition, 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).
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 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 July 25, 2023.
[[Page 34093]]
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 recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 17, 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:
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a. The table in paragraph (c) is amended by adding the entry ``Idaho
Code section 39-107(1)(a)'' at the end of the table; and
0
b. The table in paragraph (e) is amended by removing entry ``Idaho
State Board SIP Revision; Executive Order 2013-06; dated June 26,
2013''.
The addition reads as follows:
Sec. 52.670 Identification of plan.
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(c) * * *
EPA Approved Idaho Regulations and Statutes
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State
State citation Title/subject effective EPA approval date Explanations
date
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State Statutes
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Idaho Code section 39-107(1)(a). Board--Composition--Offi 7/1/2022 5/26/2023 [Insert To satisfy the
cers--Compensation--Pow Federal Register requirements of
ers--Subpoena--Depositi Citation]. CAA section
ons--Review--Rules. 128(a)(1) and CAA
section
110(a)(2)(E)(ii)
for all criteria
pollutants.
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[FR Doc. 2023-11261 Filed 5-25-23; 8:45 am]
BILLING CODE 6560-50-P
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