Rule2023-12699
Air Plan Approval; Idaho; Inspection and Maintenance Program Removal
Primary source
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Published
June 15, 2023
Effective
July 17, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 115 (Thursday, June 15, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 <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., 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#2650475356434a08454a4753424f476643564708414950"><span class="__cf_email__" data-cfemail="80f6e1f5f0e5ecaee3ece1f5e4e9e1c0e5f0e1aee7eff6">[email protected]</span></a>.
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
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Local agency
Local agency Ordinance title approval date
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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.
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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:
<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 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
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Applicable
geographic or State EPA approval
Name of SIP provision nonattainment submittal date Comments
area date
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* * * * * * *
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
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