Air Plan Approval; Connecticut; Infrastructure Requirement for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 37013-37015 [2017-16487]
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Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
in the Unfunded Mandates Reform Act
of 1995 (Public Law 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);
• 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; and
• does not provide 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, 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 as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action 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 October 10, 2017. 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
37013
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, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 19, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(e) is amended by
adding a new entry for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2012 Annual Fine PM2.5 NAAQS’’ at the
end of the table to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable geographic or
nonattainment area
Name of non-regulatory SIP
provision
*
110(a)(1) and (2) Infrastructure Requirements for the
2012 Annual Fine PM2.5
NAAQS.
*
State
submittal
date/effective date
*
Kentucky ...............................
*
ACTION:
[FR Doc. 2017–16488 Filed 8–7–17; 8:45 am]
2/8/2016
EPA approval date
*
8/8/2017, [Insert citation of
publication].
Final rule.
BILLING CODE 6560–50–P
The Environmental Protection
Agency (EPA) is approving one aspect
(the remaining portion) of a State
Implementation Plan (SIP) revision
submitted on May 30, 2013 by the State
of Connecticut. This revision addresses
the interstate transport requirements of
the Clean Air Act (CAA), referred to as
the good neighbor provision, with
respect to the 2010 sulfur dioxide (SO2)
national ambient air quality standard
(NAAQS). This action approves
Connecticut’s demonstration that the
State is meeting its obligations regarding
the transport of SO2 emissions into
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
asabaliauskas on DSKBBXCHB2PROD with RULES
40 CFR Part 52
[EPA–R01–OAR–2015–0198; A–1–FRL–
9965–52-Region 1]
Air Plan Approval; Connecticut;
Infrastructure Requirement for the
2010 Sulfur Dioxide National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
AGENCY:
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Explanations
*
*
With the exception of section
110(a)(2)(D)(i)(I) and (II)
(prongs 1, 2 and 4) and
the minor source program
requirement of section
110(a)(2)(C).
other states. This action is being taken
under the Clean Air Act.
DATES: This rule is effective on
September 7, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2015–0198. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., 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
E:\FR\FM\08AUR1.SGM
08AUR1
37014
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Permits,
Toxics and Indoor Air Programs Unit, 5
Post Office Square—Suite 100, Boston,
MA. EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Donald Dahl, Air Permits, Toxics and
Indoor Programs Units, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912,
(617) 918–1657; email at dahl.donald@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
asabaliauskas on DSKBBXCHB2PROD with RULES
I. Background and Purpose
On May 30, 2013, the Connecticut
Department of Energy and
Environmental Protection (CT DEEP)
submitted a revision to its SIP,
certifying that its SIP meets the
requirements of section 110(a)(2) of the
CAA with respect to the 2010 SO2
NAAQS (infrastructure SIP). On June 3,
2016 (81 FR 35636), EPA took final
action on CT DEEP’s certification that
its SIP was adequate to meet the
program elements required by section
110(a)(2) of the CAA with respect to the
2010 SO2 NAAQS. However, at that
time, EPA did not take action on CT
DEEP’s certification that its SIP met the
requirements of section
110(a)(2)(D)(i)(I), the good neighbor
provision.
On May 8, 2017 (82 FR 21351), EPA
published a Notice of Proposed
Rulemaking (NPR) for the State of
Connecticut 2010 SO2 NAAQS
infrastructure SIP as it pertains to
section 110(a)(2)(D)(i)(I) of the CAA.
The specific requirements of this
infrastructure SIP element and the
rationale for EPA’s proposed action on
the State’s submittal is explained in the
NPR and will not be restated here. No
public comments were received on the
NPR.
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16:34 Aug 07, 2017
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II. Final Action
EPA is approving the remainder of the
May 30, 2013 SIP submission from
Connecticut certifying that the State’s
current SIP is sufficient to meet the
required infrastructure elements under
section 110(a)(2)(D)(i)(I) for the 2010
SO2 NAAQS.
III. 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 Act 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 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:
• 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);
• 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;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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 October 10, 2017.
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, Incorporation by
reference, Intergovernmental relations,
Sulfur oxides.
Dated: July 12, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
E:\FR\FM\08AUR1.SGM
08AUR1
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.386 is amended by
redesignating the undesignated
paragraph as paragraph (a) and adding
paragraph (b) to read as follows:
■
§ 52.386 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(b) On May 30, 2013, the State of
Connecticut submitted a State
Implementation Plan (SIP) revision
addressing the Section 110(a)(2)(D)(i)(I)
interstate transport requirements of the
Clean Air Act for the 2010 SO2 National
Ambient Air Quality Standards
(NAAQS). EPA has found that
Connecticut’s May 30, 2013 submittal
meets the requirements of Section
110(a)(2)(D)(i)(I) for the 2010 SO2
NAAQS.
[FR Doc. 2017–16487 Filed 8–7–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0188; FRL–9965–70Region 4]
Air Plan Approval; Mississippi:
Prevention of Significant Deterioration
Updates
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion of
the State Implementation Plan (SIP)
revision submitted by Mississippi,
through the Mississippi Department of
Environmental Quality (MDEQ), Office
of Pollution Control, on June 7, 2016.
Specifically, this action approves the
portion of the SIP revision making
changes to Mississippi’s Prevention of
Significant Deterioration (PSD) program
by modifying the incorporation by
reference (IBR) date for the Federal PSD
regulations promulgated by EPA. By
changing this date, approval of the SIP
revision modifies the existing
Greenhouse Gas (GHG) PSD permitting
program and incorporates PSD
provisions related to the 1997, 2006,
and 2012 fine particulate matter (PM2.5)
and 2015 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). This action is being taken
pursuant to the Clean Air Act (CAA or
Act) and its implementing regulations.
DATES: This direct final rule is effective
October 10, 2017 without further notice,
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
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18:18 Aug 07, 2017
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unless EPA receives adverse comment
by September 7, 2017. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0188 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure 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. 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Andres Febres of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Febres can be reached via telephone at
(404) 562–8966 or via electronic mail at
febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is the Agency taking?
On June 7, 2016, MDEQ submitted a
SIP revision for EPA’s approval that
includes changes to Mississippi’s
regulations to make them consistent
with Federal requirements for the New
Source Review (NSR) permitting
program, in particular for PSD
permitting.1 Additionally, the submittal
1 EPA’s regulations governing the implementation
of NSR permitting programs are contained in 40
CFR 51.160—51.166; 52.21, 52.24; and part 51,
Appendix S. The CAA NSR program is composed
of three separate programs: PSD, NNSR, and Minor
NSR. PSD is established in part C of title I of the
CAA and applies in areas that meet the NAAQS—
‘‘attainment areas’’—as well as areas where there is
insufficient information to determine if the area
meets the NAAQS—‘‘unclassifiable areas.’’ The
NNSR program is established in part D of title I of
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37015
renames the State’s PSD regulations in
the SIP from APC–S–5 to Mississippi
Administrative Code, Title 11, Part 2,
Chapter 5 (hereinafter referred to as
Regulation 11–MAC–Part 2–5), and
makes formatting changes to these
regulations. EPA approved these
administrative changes to the PSD
regulations in a Letter Notice dated July
20, 2017.2
EPA is approving the portion of
Mississippi’s submittal that makes
changes to the State’s PSD program, as
established in MDEQ’s Regulation 11–
MAC–Part 2–5, which applies to the
construction or modification of any
major stationary source in areas
designated as attainment or
unclassifiable as required by part C of
title I of the CAA. This SIP revision is
intended to make Mississippi’s state
PSD permitting rule consistent with the
Federal requirements, as promulgated
by EPA. The June 7, 2016 submittal
updates the IBR date at 11–MAC–Part
2–5 Rule 5.1 and Rule 5.2 from
November 4, 2011, to February 17, 2016,
for the Federal PSD permitting
regulations at 40 CFR 52.21 and 51.166.3
By modifying the IBR date of 40 CFR
52.21, Mississippi is making four
changes to its PSD rules: (1) Adopting
provisions for GHG plantwide
applicability limitations (PALs); (2)
removing permitting requirements for
certain GHG sources; (3) incorporating
grandfathering provisions for the 2012
primary annual PM2.5 4 NAAQS
the CAA and applies in areas that are not in
attainment of the NAAQS—‘‘nonattainment areas.’’
The Minor NSR program addresses construction or
modification activities that do not qualify as
‘‘major’’ and applies regardless of the designation
of the area in which a source is located. Together,
these programs are referred to as the NSR programs.
2 Mississippi submitted a supplemental letter on
May 7, 2017, clarifying its intent to incorporate
these renaming and reformatting changes of APC–
S–5 into the SIP.
3 11–MAC–Part 2–5 incorporates by reference 40
CFR 52.21 with the exceptions noted in Rule 5.2
and incorporates by reference 40 CFR 51.166(f) and
(q) with the exceptions noted in Rule 5.4.
4 Airborne particulate matter (PM) with a nominal
aerodynamic diameter of 2.5 micrometers or less (a
micrometer is one-millionth of a meter, and 2.5
micrometers is less than one-seventh the average
width of a human hair) are considered to be ‘‘fine
particles’’ and are also known as PM2.5. Fine
particles in the atmosphere are made up of a
complex mixture of components including sulfate;
nitrate; ammonium; elemental carbon; a great
variety of organic compounds; and inorganic
material (including metals, dust, sea salt, and other
trace elements) generally referred to as ‘‘crustal’’
material, although it may contain material from
other sources. On July 18, 1997, EPA revised the
NAAQS for PM to add new standards for fine
particles, using PM2.5 as the indicator. Previously,
EPA used PM10 (inhalable particles smaller than or
equal to 10 micrometers in diameter) as the
indicator for the PM NAAQS. EPA established
health-based (primary) annual and 24-hour
E:\FR\FM\08AUR1.SGM
Continued
08AUR1
]]>Agencies
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37013-37015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16487]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0198; A-1-FRL-9965-52-Region 1]
Air Plan Approval; Connecticut; Infrastructure Requirement for
the 2010 Sulfur Dioxide National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving one
aspect (the remaining portion) of a State Implementation Plan (SIP)
revision submitted on May 30, 2013 by the State of Connecticut. This
revision addresses the interstate transport requirements of the Clean
Air Act (CAA), referred to as the good neighbor provision, with respect
to the 2010 sulfur dioxide (SO2) national ambient air
quality standard (NAAQS). This action approves Connecticut's
demonstration that the State is meeting its obligations regarding the
transport of SO2 emissions into other states. This action is
being taken under the Clean Air Act.
DATES: This rule is effective on September 7, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2015-0198. All documents in the docket
are listed on the https://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e., 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
[[Page 37014]]
form. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Permits, Toxics and Indoor Air Programs Unit, 5 Post Office Square--
Suite 100, Boston, MA. EPA requests that if at all possible, you
contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Donald Dahl, Air Permits, Toxics and
Indoor Programs Units, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109-3912, (617) 918-1657; email at
dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On May 30, 2013, the Connecticut Department of Energy and
Environmental Protection (CT DEEP) submitted a revision to its SIP,
certifying that its SIP meets the requirements of section 110(a)(2) of
the CAA with respect to the 2010 SO2 NAAQS (infrastructure
SIP). On June 3, 2016 (81 FR 35636), EPA took final action on CT DEEP's
certification that its SIP was adequate to meet the program elements
required by section 110(a)(2) of the CAA with respect to the 2010
SO2 NAAQS. However, at that time, EPA did not take action on
CT DEEP's certification that its SIP met the requirements of section
110(a)(2)(D)(i)(I), the good neighbor provision.
On May 8, 2017 (82 FR 21351), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Connecticut 2010 SO2 NAAQS
infrastructure SIP as it pertains to section 110(a)(2)(D)(i)(I) of the
CAA. The specific requirements of this infrastructure SIP element and
the rationale for EPA's proposed action on the State's submittal is
explained in the NPR and will not be restated here. No public comments
were received on the NPR.
II. Final Action
EPA is approving the remainder of the May 30, 2013 SIP submission
from Connecticut certifying that the State's current SIP is sufficient
to meet the required infrastructure elements under section
110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS.
III. 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 Act 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 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:
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);
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; and
Does not provide 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, 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 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 October 10, 2017. 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, Incorporation by
reference, Intergovernmental relations, Sulfur oxides.
Dated: July 12, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
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:
[[Page 37015]]
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
0
2. Section 52.386 is amended by redesignating the undesignated
paragraph as paragraph (a) and adding paragraph (b) to read as follows:
Sec. 52.386 Section 110(a)(2) infrastructure requirements.
* * * * *
(b) On May 30, 2013, the State of Connecticut submitted a State
Implementation Plan (SIP) revision addressing the Section
110(a)(2)(D)(i)(I) interstate transport requirements of the Clean Air
Act for the 2010 SO2 National Ambient Air Quality Standards
(NAAQS). EPA has found that Connecticut's May 30, 2013 submittal meets
the requirements of Section 110(a)(2)(D)(i)(I) for the 2010
SO2 NAAQS.
[FR Doc. 2017-16487 Filed 8-7-17; 8:45 am]
BILLING CODE 6560-50-P
