Approval of Implementation Plans; State of Iowa; Elements of the Infrastructure SIP Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard (NAAQS), 45497-45499 [2017-20964]
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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
chapter must comply with such
requirements with regard to emissions
occurring in 2015 and 2016.
*
*
*
*
*
■ 6. Section 52.2284 is amended by
revising paragraph (c)(1) and removing
and reserving paragraph (c)(2).
The revision reads as follows:
§ 52.2284 Interstate pollutant transport
provisions; What are the FIP requirements
for decreases in emissions of sulfur
dioxide?
*
*
*
*
*
(c)(1) The owner and operator of each
source and each unit located in the State
of Texas and Indian country within the
borders of the State and for which
requirements are set forth under the
CSAPR SO2 Group 2 Trading Program in
subpart DDDDD of part 97 of this
chapter must comply with such
requirements with regard to emissions
occurring in 2015 and 2016.
*
*
*
*
*
[FR Doc. 2017–20832 Filed 9–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2017–0267; FRL–9968–62–
Region 7]
Approval of Implementation Plans;
State of Iowa; Elements of the
Infrastructure SIP Requirements for
the 2010 Sulfur 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 Sulfur
Dioxide (SO2) 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.
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:55 Sep 28, 2017
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This direct final rule will be
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–2017–0267, to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The 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:
DATES:
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 SO2 NAAQS infrastructure SIP
submission from the State of Iowa
received on July 29, 2013. Specifically,
EPA is approving the following
elements of section 110(a)(2):
(A),(B),(C),(D)(i)(II)—prevent of
PO 00000
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Fmt 4700
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45497
significant deterioration of air quality
(prong 3), and (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 initiated public
comment from April 6, 2013, to May 8,
2013. One comment was received and
adequately addressed in the final SIP
submission. This submission also
satisfied the completeness criteria of 40
CFR part 51, appendix V. In addition, as
explained in above preamble and in
more detail in the TSD which is part of
this docket, the revision 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, 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 SO2 NAAQS. As stated above, EPA
is approving the following elements of
section 110(a)(2): (A),(B),(C),(D)(i)(II)—
prevent of significant deterioration of air
quality (prong 3), and (D)(ii), (E) through
(H), and (J) through (M). Details of the
submission are addressed in the TSD,
included as part of the docket, and
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
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29SER1
45498
Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
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 direct 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 dioxide, 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:
PART52—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. In § 52.820, the table in paragraph
(e) is amended by adding the entry ‘‘(48)
Sections 110(a)(1) and (2) Infrastructure
Requirements 2010 Sulfur Dioxide
NAAQS’’ in numerical order to read as
follows:
■
§ 52.820
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IOWA NONREGULATORY PROVISIONS
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Name of nonregulatory
SIP provision
Applicable
geographic or
nonattainment area
*
*
*
(48) Sections 110(a)(1)
Statewide .....................
and (2) Infrastructure
Requirements 2010
Sulfur Dioxide NAAQS.
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State
submittal date
7/23/13
Frm 00078
EPA approval date
Explanation
*
*
9/29/17, [insert Federal
Register citation].
*
*
This action addresses the following CAA elements: 110(a)(2)(A),(B),(C), (D)(i)(II) prong 3,
and (D)(ii), (E),(F),(G),(H),(J),(K),(L), and (M).
110(a)(2)(I) is not applicable. [EPA–R07–OAR–
2017–0267; FRL–9968–62–Region 7].
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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
[FR Doc. 2017–20964 Filed 9–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2015–0498; FRL–9968–64–
Region 2]
Approval and Promulgation of
Implementation Plans; New York;
Regional Haze Five-Year Progress
Report State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving New York’s
regional haze progress report, submitted
on June 16, 2015, as a revision to its
State Implementation Plan (SIP). New
York’s SIP revision addresses
requirements of the Clean Air Act and
the EPA’s rules that require each state
to submit periodic reports describing
progress towards reasonable progress
goals established for regional haze and
a determination of the adequacy of the
state’s existing regional haze SIP. The
EPA is approving New York’s
determination that the State’s regional
haze SIP is adequate to meet these
reasonable progress goals for the first
implementation period which extends
through 2018.
DATES: This rule is effective on October
30, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2015–0498. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10278, (212) 637–3381 or
wieber.kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
VerDate Sep<11>2014
16:55 Sep 28, 2017
Jkt 241001
I. Background
Under the Regional Haze Rule,1 each
state was required to submit its first
implementation plan addressing
regional haze visibility impairment to
the EPA no later than December 17,
2007. See 40 CFR 51.308(b). New York
submitted its regional haze plan on
March 15, 2010. On August 28, 2012,
the EPA approved New York’s regional
haze SIP submittal addressing the
requirements of the first implementation
period for regional haze. 77 FR 51915
(Aug. 28, 2012).
Each state is also required to submit
a progress report, in the form of a SIP
revision that evaluates progress towards
the reasonable progress goals (RPGs) for
each mandatory Class I Federal area
within the state and for each mandatory
Class I Federal area outside the state
which may be affected by emissions
from within the state. See 40 CFR
51.308(g). Each state is also required to
submit, at the same time as the progress
report, a determination of the adequacy
of its existing regional haze SIP. See 40
CFR 51.308(h). The first progress report
was due five years after submittal of the
initial regional haze SIP.
On June 16, 2015, New York
submitted to the EPA, as a revision to
its SIP, a report on progress made
towards the RPGs for Class I areas
outside the State that are affected by
emissions from sources within the State.
There are no Class I areas in New York
State. In its progress report SIP, New
York concludes the elements and
strategies relied on in its original
regional haze SIP are sufficient for
neighboring states affected by emissions
from New York to meet all established
RPGs. In a notice of proposed
rulemaking (NPRM) published on
August 1, 2017 (82 FR 35738), the EPA
proposed to approve New York’s
progress report as satisfying the
requirements of 40 CFR 51.308(g) and
51.308(h). No comments were received
on the August 1, 2017 proposed
rulemaking.
II. Final Action
EPA is finalizing approval of New
York’s Regional Haze Progress Report
SIP revision, submitted by New York on
June 16, 2015, as meeting the
requirements of 40 CFR 51.308(g) and
51.308(h).
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
1 40
PO 00000
CFR part 51, subpart P.
Frm 00079
Fmt 4700
Sfmt 4700
45499
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not 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
E:\FR\FM\29SER1.SGM
29SER1
]]>Agencies
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45497-45499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20964]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0267; FRL-9968-62-Region 7]
Approval of Implementation Plans; State of Iowa; Elements of the
Infrastructure SIP Requirements for the 2010 Sulfur 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 Sulfur Dioxide (SO2) 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 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-2017-0267, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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 SO2 NAAQS
infrastructure SIP submission from the State of Iowa received on July
29, 2013. Specifically, EPA is approving the following elements of
section 110(a)(2): (A),(B),(C),(D)(i)(II)--prevent of significant
deterioration of air quality (prong 3), and (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 initiated
public comment from April 6, 2013, to May 8, 2013. One comment was
received and adequately addressed in the final SIP submission. This
submission also satisfied the completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained in above preamble and in more
detail in the TSD which is part of this docket, the revision 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, 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 SO2
NAAQS. As stated above, EPA is approving the following elements of
section 110(a)(2): (A),(B),(C),(D)(i)(II)--prevent of significant
deterioration of air quality (prong 3), and (D)(ii), (E) through (H),
and (J) through (M). Details of the submission are addressed in the
TSD, included as part of the docket, and 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
[[Page 45498]]
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 direct 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 dioxide, 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:
PART52--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. In Sec. 52.820, the table in paragraph (e) is amended by adding the
entry ``(48) Sections 110(a)(1) and (2) Infrastructure Requirements
2010 Sulfur Dioxide NAAQS'' in numerical order to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(48) Sections 110(a)(1) and (2) Statewide......... 7/23/13 9/29/17, [insert This action addresses
Infrastructure Requirements Federal Register the following CAA
2010 Sulfur Dioxide NAAQS. citation]. elements:
110(a)(2)(A),(B),(C),
(D)(i)(II) prong 3,
and (D)(ii),
(E),(F),(G),(H),(J),(K
),(L), and (M).
110(a)(2)(I) is not
applicable. [EPA-R07-
OAR-2017-0267; FRL-
9968-62-Region 7].
----------------------------------------------------------------------------------------------------------------
[[Page 45499]]
[FR Doc. 2017-20964 Filed 9-28-17; 8:45 am]
BILLING CODE 6560-50-P
