Approval of Iowa Air Quality Implementation Plans; Elements of the Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5, 45479-45481 [2017-20829]
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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
Requirements’’ at the end of the table to
read as follows:
Name of non-regulatory SIP
revision
§ 52.1070
*
Identification of plan.
*
*
Applicable geographic area
*
*
*
2008 8-Hour Ozone NAAQS
The Baltimore Area (includes
Nonattainment New Source
Anne Arundel, Baltimore,
Review Requirements.
Carroll, Harford, and Howard Counties and the city of
Baltimore), the Philadelphia-Wilmington-Atlantic
City Area (includes Cecil
County in Maryland), and
the Washington, DC Area
(includes Calvert, Charles,
Frederick, Montgomery,
and Prince Georges Counties in Maryland).
[FR Doc. 2017–20834 Filed 9–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2017–0517; FRL–9968–66–
Region 7]
Approval of Iowa Air Quality
Implementation Plans; Elements of the
Infrastructure SIP Requirements for
the 2012 Annual Fine Particulate Matter
(PM2.5) 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,
for the 2012 Annual Fine Particulate
Matter (PM2.5) 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 is effective
November 28, 2017, without further
notice, unless EPA receives adverse
comment by October 30, 2017. If EPA
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SUMMARY:
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*
(e) * * *
*
State
submittal
date
*
5/8/17
EPA
approval
date
*
9/29/17 [insert Federal Register citation].
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–2017–0517, 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. 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
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Additional
explanation
*
*
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
2012 PM2.5 NAAQS infrastructure SIP
submission from the State of Iowa,
dated December 15, 2015, and received
on December 22, 2015. Specifically,
EPA is approving the following
elements of section 110(a)(2): (A), (B),
(C), (D)(i)(II)—prevent significant
deterioration of air quality (prong 3),
(D)(ii) (E) through (H), and (J) through
(M).
A Technical Support Document (TSD)
is included as part of the 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 held a 30-day
comment period, and a public hearing
on November 16, 2015. No oral or
written comments were received. This
submission 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 revision meets
the substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
III. What action is EPA taking?
EPA is approving elements of the
December 15, 2015, infrastructure SIP
submission from the State of Iowa,
which addresses the requirements of
CAA sections 110(a)(1) and (2) as
applicable to the 2012 PM2.5 NAAQS.
As stated above, EPA is approving the
following elements of section 110(a)(2):
(A), (B), (C), (D), (D)(i)(II)—prevent
significant deterioration of air quality
(prong 3), (D)(ii), (E) through (H), and (J)
through (M). Details of the submission
are addressed in a TSD 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)(I) prongs 1 and 2, and
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 issue
of the Federal Register, we are
publishing a separate document that
will serve as the proposed rule to
approve the SIP 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
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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
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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 28, 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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 20, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 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. Amend § 52.820(e) by adding an
entry for ‘‘(49) Sections 110(a)(1) and (2)
Infrastructure Requirements 2012
annual PM2.5 NAAQS’’ in numerical
order at the end of the table to read as
follows:
■
§ 52.820
*
Identification of plan.
*
*
(e) * * *
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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
45481
EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
Name of non-regulatory
SIP provision
*
(49) Sections 110(a)(1)
and (2) Infrastructure
Requirements 2012 annual PM2.5 NAAQS.
Applicable
geographic or
nonattainment
area
State
submittal
date
*
Statewide ...........
[FR Doc. 2017–20829 Filed 9–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2016–0598; FRL–9968–46–
OAR]
RIN 2060–AT16
Interstate Transport of Fine Particulate
Matter: Revision of Federal
Implementation Plan Requirements for
Texas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing withdrawal
of the federal implementation plan (FIP)
provisions that require affected
electricity generating units (EGUs) in
Texas to participate in Phase 2 of the
Cross-State Air Pollution Rule (CSAPR)
trading programs for annual emissions
of sulfur dioxide (SO2) and nitrogen
oxides (NOX). Withdrawal of the FIP
requirements is intended to address a
decision of the U.S. Court of Appeals for
the District of Columbia Circuit (D.C.
Circuit) remanding the CSAPR Phase 2
SO2 budget for Texas to the EPA for
reconsideration. With this action, the
EPA is also determining that, following
SUMMARY:
Category
*
12/15/15
EPA approval date
*
*
*
*
09/29/17 and [Insert Fed- This action addresses the following CAA elements:
eral Register citation].
110(a)(2)(A), (B), (C), (D)(i)(II) prong 3, (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
110(a)(2)(I) is not applicable. [EPA–R07–OAR–
2017–0517; FRL–XXXX–Region 7.]
withdrawal of the FIP requirements,
sources in Texas do not contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other state with regard to the 1997
national ambient air quality standard
(NAAQS) for fine particulate matter
(PM2.5). Accordingly, we are also
determining that the EPA has no
obligation to issue new FIP
requirements for Texas sources to
address transported PM2.5 pollution
under Clean Air Act (CAA) section
110(a)(2)(D)(i)(I) with regard to that
NAAQS. Finally, the EPA is also
affirming the continued validity of the
Agency’s 2012 determination that
participation in CSAPR meets the
Regional Haze Rule’s criteria for an
alternative to the application of sourcespecific best available retrofit
technology (BART). The EPA has
determined that changes to CSAPR’s
geographic scope resulting from the
actions EPA has taken or expects to take
in response to the D.C. Circuit’s remand
do not affect the continued validity of
participation in CSAPR as a BART
alternative, because the changes in
geographic scope would not have
adversely affected the results of the air
quality modeling analysis upon which
the EPA based the 2012 determination.
DATES: This final rule is effective on
September 29, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
NAICS * code
Industry ..........................
221112
Explanation
No. EPA–HQ–OAR–2016–0598. All
documents in the docket are listed and
publicly available at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Questions about the withdrawal of
CSAPR FIP requirements for Texas
EGUs should be directed to David
Lifland, Clean Air Markets Division,
Office of Atmospheric Programs, U.S.
Environmental Protection Agency, MC
6204M, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone
number: (202) 343–9151; email address:
lifland.david@epa.gov. Questions about
the sensitivity analysis regarding
CSAPR participation as a BART
alternative should be directed to
Melinda Beaver, Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency, 109
T.W. Alexander Drive, Mail Code C539–
04, Research Triangle Park, NC 27709;
telephone number: (919) 541–1062;
email address: beaver.melinda@epa.gov.
Regulated
Entities. Entities regulated under CSAPR
are fossil fuel-fired boilers and
stationary combustion turbines that
serve generators producing electricity
for sale, including combined cycle units
and units operating as part of systems
that cogenerate electricity and other
useful energy output. Regulated
categories and entities include:
SUPPLEMENTARY INFORMATION:
Examples of potentially regulated industries
Fossil fuel-fired electric power generation.
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* North American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated. To determine whether your
facility is affected by this action, you
should carefully examine the
applicability provisions in 40 CFR
97.404 and 97.704. If you have
questions regarding the applicability of
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Jkt 241001
CSAPR to a particular entity, consult the
person listed in the FOR FURTHER
INFORMATION CONTACT section above.
Table of Contents
I. Overview
II. Background
A. History and Summary of CSAPR
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B. CSAPR Participation as a BART
Alternative
III. Withdrawal of CSAPR FIP Requirements
Related to Texas’ Transport Obligations
With Regard to the 1997 Annual PM2.5
NAAQS
A. Summary
B. Adequacy of Rationale for Finding No
Remaining Transport Obligation
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]]>Agencies
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45479-45481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20829]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0517; FRL-9968-66-Region 7]
Approval of Iowa Air Quality Implementation Plans; Elements of
the Infrastructure SIP Requirements for the 2012 Annual Fine
Particulate Matter (PM2.5) 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, for the 2012 Annual Fine Particulate Matter
(PM2.5) 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 is effective November 28, 2017, without
further notice, unless EPA receives adverse comment by October 30,
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-2017-0517, 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. 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 2012 PM2.5 NAAQS
infrastructure SIP submission from the State of Iowa, dated December
15, 2015, and received on December 22, 2015. Specifically, EPA is
approving the following elements of section 110(a)(2): (A), (B), (C),
(D)(i)(II)--prevent significant deterioration of air quality (prong 3),
(D)(ii) (E) through (H), and (J) through (M).
A Technical Support Document (TSD) is included as part of the
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 held a 30-day
comment period, and a public hearing on November 16, 2015. No oral or
written comments were received. This submission 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 revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
[[Page 45480]]
III. What action is EPA taking?
EPA is approving elements of the December 15, 2015, infrastructure
SIP submission from the State of Iowa, which addresses the requirements
of CAA sections 110(a)(1) and (2) as applicable to the 2012
PM2.5 NAAQS. As stated above, EPA is approving the following
elements of section 110(a)(2): (A), (B), (C), (D), (D)(i)(II)--prevent
significant deterioration of air quality (prong 3), (D)(ii), (E)
through (H), and (J) through (M). Details of the submission are
addressed in a TSD 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)(I) prongs 1 and
2, and 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
issue of the Federal Register, we are publishing a separate document
that will serve as the proposed rule to approve the SIP 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 28, 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 20, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 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. Amend Sec. 52.820(e) by adding an entry for ``(49) Sections
110(a)(1) and (2) Infrastructure Requirements 2012 annual
PM2.5 NAAQS'' in numerical order at the end of the table to
read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
[[Page 45481]]
EPA-Approved Iowa Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State EPA approval
provision or nonattainment area submittal date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(49) Sections 110(a)(1) and Statewide.............. 12/15/15 09/29/17 and This action addresses
(2) Infrastructure [Insert Federal the following CAA
Requirements 2012 annual Register elements:
PM2.5 NAAQS. citation]. 110(a)(2)(A), (B),
(C), (D)(i)(II)
prong 3, (D)(ii),
(E), (F), (G), (H),
(J), (K), (L), and
(M). 110(a)(2)(I) is
not applicable. [EPA-
R07-OAR-2017-0517;
FRL-XXXX-Region 7.]
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[FR Doc. 2017-20829 Filed 9-28-17; 8:45 am]
BILLING CODE 6560-50-P
