Approval of Implementation Plans; State of Iowa; Elements of the Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard (NAAQS), 43846-43848 [2017-19935]
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43846
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations
Dated: September 14, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
[FR Doc. 2017–20050 Filed 9–19–17; 8:45 am]
BILLING CODE 4164–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2017–0208; FRL–9967–93–
Region 7]
Approval of Implementation Plans;
State of Iowa; Elements of the
Infrastructure SIP Requirements for
the 2010 Nitrogen Dioxide National
Ambient Air Quality Standard (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve elements of a State
Implementation Plan (SIP) submission,
and an amended SIP submission from
the State of Iowa for the 2010 Nitrogen
Dioxide (NO2) National Ambient Air
Quality Standard (NAAQS).
Infrastructure SIPs address the
applicable requirements of Clean Air
Act (CAA) section 110, which requires
that each state adopt and submit a SIP
for the implementation, maintenance,
and enforcement of each new or revised
NAAQS promulgated by the EPA. These
SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: This direct final rule will be
effective November 20, 2017, without
further notice, unless EPA receives
adverse comment by October 20, 2017.
If EPA receives adverse comment, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2017–0208, to 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
sradovich on DSKBBY8HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:10 Sep 19, 2017
Jkt 241001
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. 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton, Air Planning and
Development Branch, U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, KS 66219 at (913) 551–7039, or
by email at hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
EPA is approving elements of the
2010 NO2 NAAQS infrastructure SIP
submission from the State of Iowa
received on July 29, 2013, and an
amended SIP submission received on
March 9, 2017. Specifically, EPA is
approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(I)—
significant contribution to
nonattainment (prong 1), interfering
with maintenance of the NAAQS (prong
2) and (D)(i)(II)—prevent of significant
deterioration of air quality (prong 3),
and (D)(ii), (E) through (H), and (J)
through (M). EPA is not acting on the
elements of section 110(a)(2)(D)(i)(II)—
protection of visibility (prong 4), and
110(a)(2)(I).
A Technical Support Document (TSD)
is included as part of this docket to
discuss the details of this action,
including analysis of how the SIP meets
the applicable 110 requirements for
infrastructure SIPs.
II. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The state initiated public
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
comment from April 6, 2013, to May 8,
2013. One comment was received and
adequately addressed in the final SIP
submission. The amended submission
was placed on public comment January
12, 2017, to February 15, 2017. No
comments were received. These
submissions also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained
above and in more detail in the
technical support document which is
part of this docket, the revisions meets
the substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is approving elements of the July
23, 2013, (received July 29, 2013)
infrastructure SIP submission from the
State of Iowa, which addresses the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2010 NO2
NAAQS. As stated above, EPA is
approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(I)—
significant contribution to
nonattainment (prong 1), interfering
with maintenance of the NAAQS (prong
2) and (D)(i)(II)—prevent significant
deterioration of air quality (prong 3),
and (D)(ii), (E) through (H), and (J)
through (M). The March 1, 2017, SIP
amendment, revised 110(a)(2)(D)(i)(I).
Details of the submission are addressed
in the TSD, included as part of the
docket, to discuss this approval action.
EPA is not taking action on section
110(a)(2)(I). Section 110(a)(2)(I) requires
that in the case of a plan or plan
revision for areas designated as
nonattainment areas, states must meet
applicable requirements of part D of the
CAA, relating to SIP requirements for
designated nonattainment areas. EPA
does not expect infrastructure SIP
submissions to address element (I). The
specific SIP submissions for designated
nonattainment areas, as required under
CAA title I, part D, are subject to
different submission schedules than
those for section 110 infrastructure
elements. EPA will take action on part
D attainment plan SIP submissions
through a separate rulemaking governed
by the requirements for nonattainment
areas, as described in part D.
EPA is not taking action on section
110(a)(2)(D)(i)(II), prong 4.
We are publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. However, in the
‘‘Proposed Rules’’ section of this
Federal Register, we are publishing a
separate document that will serve as the
proposed rule to approve the SIP
E:\FR\FM\20SER1.SGM
20SER1
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations
revision if adverse comments are
received on this direct final rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document. If
EPA receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We will address all public
comments in any subsequent final rule
based on the proposed rule.
IV. Statutory and Executive Order
Reviews
Under the CAA, 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 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:
• 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 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).
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
43847
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 November 20, 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,
Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: September 8, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amending 40 CFR part
52 as set forth below:
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 Q—Iowa
2. Section 52.820(e) is amended by
adding new entry (47) in numerical
order at the end of the table to read as
follows:
■
§ 52.820
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
sradovich on DSKBBY8HB2PROD with RULES
Name of nonregulatory
SIP revision
*
(47) Sections 110(a)(1)
and (2) Infrastructure
Requirements 2010 Nitrogen Dioxide NAAQS.
VerDate Sep<11>2014
Applicable
geographic or
nonattainment
area
State
submittal
date
*
Statewide ...........
*
7/23/13, 3/1/17
17:10 Sep 19, 2017
Jkt 241001
PO 00000
Frm 00021
EPA approval date
Explanation
*
*
*
*
9/20/2017, [Insert FedThis action addresses the following CAA elements:
eral Register citation].
110(a)(2)(A), (B), (C), (D)(i)(I) prongs 1 and 2,
D(i)(II) prong 3 only, and D(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). 110(a)(2)(I) is not applicable. [EPA–R07–OAR–2017–0208; FRL–9967–
93–Region 7].
Fmt 4700
Sfmt 4700
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43848
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations
[FR Doc. 2017–19935 Filed 9–19–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2017–0477; FRL–9967–95–
Region 7]
Approval of Nebraska Air Quality
Implementation Plans; Infrastructure
SIP Requirements for the 2010
Nitrogen Dioxide and Sulfur Dioxide
and the 2012 Fine Particulate Matter
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve elements of a State
Implementation Plan (SIP) submission
from the State of Nebraska addressing
the applicable requirements of Clean Air
Act (CAA) section 110 for the 2010
Nitrogen Dioxide (NO2) and Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS), and the
2012 Fine Particulate Matter (PM2.5)
NAAQS, which requires that each state
adopt and submit a SIP to support
implementation, maintenance, and
enforcement of each new or revised
NAAQS promulgated by EPA. These
SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: This direct final rule will be
effective November 20, 2017, without
further notice, unless EPA receives
adverse comment by October 20, 2017.
If EPA receives adverse comment, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2017–0477 to 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,
sradovich on DSKBBY8HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:10 Sep 19, 2017
Jkt 241001
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: Mr.
Gregory Crable, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7391, or by email at
crable.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
EPA is taking direct final action to
approve the infrastructure submissions
as meeting the submittal requirement
section 110(a)(1). EPA is approving
elements of the 2010 NO2 and SO2
infrastructure SIP submissions from the
State of Nebraska received on February
7, 2013, and August 22, 2013,
respectively. EPA is also taking action to
approve the 2012 PM2.5 infrastructure
submittal received on February 22,
2016. Specifically, EPA is approving, in
regard to the 2010 NO2 NAAQS, the
following elements of section 110(a)(2):
(A) through (C), (D)(i)(I)—Prongs 1 and
2, (D)(i)(II)—prong 3, (D)(ii), (E) through
(H), and (J) through (M).
In regard to the 2010 SO2 and 2012
PM2.5 NAAQS, EPA is approving the
following infrastructure elements of
110(a)(2): (A) through (C), (D)(i)(II)—
Prong 3, (D)(ii), (E) through (H), and (J)
through (M). As discussed in the TSD,
EPA is not acting, at this time, on
section 110(a)(2)(D)(i)(I)—prongs 1 and
2, as it relates to the 2010 SO2 and 2012
PM2.5 NAAQS.
In regard to the 2010 NO2 and SO2
and the 2012 PM2.5 infrastructure
submittals and as explained in the TSD,
EPA is not acting, at this time, on
section (D)(i)(II)—prong 4. Finally, EPA
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
is not acting on section 110(a)(2)(I) as it
does not expect infrastructure SIP
submissions to address element (I).
As noted, a Technical Support
Document (TSD) is included as part of
the docket to discuss the details of this
action.
II. Have the requirements for approval
of a SIP revision been met?
The state submissions have met the
public notification requirements for SIP
submissions in accordance with 40 CFR
51.102. A public comment period was
held for the NO2 infrastructure SIP from
December 27, 2012 to January 28, 2013.
The only comments were from the
EPA, and the infrastructure SIP
submission was revised to address the
comments. A public hearing was held
on January 28, 2013.
The state held a public comment
period for the SO2 infrastructure SIP
from April 25, 2013, to May 28, 2013.
NDEQ received comments from the
Sierra Club on May 28, 2013. The state
addressed the Sierra Clubs comments
with no revisions to its proposed SIP. A
public hearing was held on May 27,
2013.
A public comment period was held
for the PM2.5 infrastructure SIP from
November 23, 2015, to December 29,
2015. A public hearing was held on
December 29, 2015. No comments were
received.
All three submissions satisfied the
completeness criteria of 40 CFR part 51,
appendix V. As explained in more detail
in the TSD, which is part of this docket,
the revisions meet the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
III. What action is EPA taking?
EPA is approving the infrastructure
SIP submissions from Nebraska, which
address the requirements of CAA
sections 110(a)(1) and (2) as applicable
to the 2010 NO2 and SO2 and 2012 PM2.5
NAAQS. As stated in the above
preamble, EPA is approving elements of
the state’s submission as meeting
requirements of section 110(a)(1) for all
three submittals.
With regard to the 2010 NO2 NAAQS,
EPA is approving the following
infrastructure elements of 110(a)(2): (A)
through (C), (D)(i)(I)—Prongs 1 and 2,
(D)(i)(II)—prong 3, (D)(ii), (E) through
(H), and (J) through (M). As explained
in the TSD, EPA intends to act on
section (D)(i)(II)—prong 4, in a
subsequent rulemaking.
EPA is approving the following
infrastructure elements of 110(a)(2) as it
relates to the 2010 SO2 and the 2012
PM2.5 NAAQS: (A) through (C),
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]]>Agencies
[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43846-43848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19935]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0208; FRL-9967-93-Region 7]
Approval of Implementation Plans; State of Iowa; Elements of the
Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National
Ambient Air Quality Standard (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve elements of a State Implementation Plan (SIP)
submission, and an amended SIP submission from the State of Iowa for
the 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality
Standard (NAAQS).
Infrastructure SIPs address the applicable requirements of Clean
Air Act (CAA) section 110, which requires that each state adopt and
submit a SIP for the implementation, maintenance, and enforcement of
each new or revised NAAQS promulgated by the EPA. These SIPs are
commonly referred to as ``infrastructure'' SIPs. The infrastructure
requirements are designed to ensure that the structural components of
each state's air quality management program are adequate to meet the
state's responsibilities under the CAA.
DATES: This direct final rule will be effective November 20, 2017,
without further notice, unless EPA receives adverse comment by October
20, 2017. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0208, to 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. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Air Planning and
Development Branch, U.S. Environmental Protection Agency, Region 7,
11201 Renner Boulevard, Lenexa, KS 66219 at (913) 551-7039, or by email
at hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is approving elements of the 2010 NO2 NAAQS
infrastructure SIP submission from the State of Iowa received on July
29, 2013, and an amended SIP submission received on March 9, 2017.
Specifically, EPA is approving the following elements of section
110(a)(2): (A), (B), (C), (D)(i)(I)--significant contribution to
nonattainment (prong 1), interfering with maintenance of the NAAQS
(prong 2) and (D)(i)(II)--prevent of significant deterioration of air
quality (prong 3), and (D)(ii), (E) through (H), and (J) through (M).
EPA is not acting on the elements of section 110(a)(2)(D)(i)(II)--
protection of visibility (prong 4), and 110(a)(2)(I).
A Technical Support Document (TSD) is included as part of this
docket to discuss the details of this action, including analysis of how
the SIP meets the applicable 110 requirements for infrastructure SIPs.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The state initiated
public comment from April 6, 2013, to May 8, 2013. One comment was
received and adequately addressed in the final SIP submission. The
amended submission was placed on public comment January 12, 2017, to
February 15, 2017. No comments were received. These submissions also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this docket, the revisions meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is approving elements of the July 23, 2013, (received July 29,
2013) infrastructure SIP submission from the State of Iowa, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2010 NO2 NAAQS. As stated above, EPA is
approving the following elements of section 110(a)(2): (A), (B), (C),
(D)(i)(I)--significant contribution to nonattainment (prong 1),
interfering with maintenance of the NAAQS (prong 2) and (D)(i)(II)--
prevent significant deterioration of air quality (prong 3), and
(D)(ii), (E) through (H), and (J) through (M). The March 1, 2017, SIP
amendment, revised 110(a)(2)(D)(i)(I). Details of the submission are
addressed in the TSD, included as part of the docket, to discuss this
approval action.
EPA is not taking action on section 110(a)(2)(I). Section
110(a)(2)(I) requires that in the case of a plan or plan revision for
areas designated as nonattainment areas, states must meet applicable
requirements of part D of the CAA, relating to SIP requirements for
designated nonattainment areas. EPA does not expect infrastructure SIP
submissions to address element (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to different submission schedules than those for section
110 infrastructure elements. EPA will take action on part D attainment
plan SIP submissions through a separate rulemaking governed by the
requirements for nonattainment areas, as described in part D.
EPA is not taking action on section 110(a)(2)(D)(i)(II), prong 4.
We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. However, in the ``Proposed Rules'' section of this
Federal Register, we are publishing a separate document that will serve
as the proposed rule to approve the SIP
[[Page 43847]]
revision if adverse comments are received on this direct final rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document. If EPA receives adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that
this direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, 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 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:
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 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).
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 20, 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, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: September 8, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amending 40 CFR part 52
as set forth below:
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 Q--Iowa
0
2. Section 52.820(e) is amended by adding new entry (47) in numerical
order at the end of the table to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Iowa Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal EPA approval Explanation
revision or nonattainment area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(47) Sections 110(a)(1) and Statewide.............. 7/23/13, 3/1/ 9/20/2017, This action addresses
(2) Infrastructure 17 [Insert Federal the following CAA
Requirements 2010 Nitrogen Register elements:
Dioxide NAAQS. citation]. 110(a)(2)(A), (B),
(C), (D)(i)(I)
prongs 1 and 2,
D(i)(II) prong 3
only, and D(ii),
(E), (F), (G), (H),
(J), (K), (L), and
(M). 110(a)(2)(I) is
not applicable. [EPA-
R07-OAR-2017-0208;
FRL-9967-93-Region
7].
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[[Page 43848]]
[FR Doc. 2017-19935 Filed 9-19-17; 8:45 am]
BILLING CODE 6560-50-P
