Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard, 46679-46681 [2017-21528]

Download as PDF 46679 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations EPA APPROVED ALABAMA REGULATIONS—Continued State effective date State citation Title/subject Section 335–3–8–.63 ............. TR NOX Ozone Season Group 2 Trading Program—Administrator’s Action on Submissions. Reserved ........................................... Section 335–3–8–.64 ............. Section 335–3–8–.65 ............. 10/6/2017, [insert Federal Register citation]. 11/24/2015 10/6/2017, [insert Federal Register citation]. 10/6/2017, [insert Federal Register citation]. 10/6/2017, [insert Federal Register citation]. 10/6/2017, [insert Federal Register citation]. 10/6/2017, [insert Federal Register citation]. 10/6/2017, [insert Federal Register citation]. 10/6/2017, [insert Federal Register citation]. 6/9/2017 Section 335–3–8–.68 ............. Section 335–3–8–.69 ............. Recordkeeping and Reporting .......... 6/9/2017 Section 335–3–8–.70 ............. Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements. 6/9/2017 Section 335–3–8–.67 ............. * * * * * * * * [FR Doc. 2017–21523 Filed 10–5–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2015–0356; FRL–9968–82– Region 7] Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) revision from the State of Missouri for the 2008 Ozone National Ambient Air Quality Standard (NAAQS). Section 110 of the CAA requires that each state adopt and submit a SIP for the 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 December 5, 2017, without further notice, unless EPA receives adverse comment by November 6, 2017. If EPA receives adverse comment, we asabaliauskas on DSKBBXCHB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 6/9/2017 6/9/2017 6/9/2017 * * 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–2015–0356, 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: Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551–7016, or by email at casburn.tracey@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ PO 00000 Frm 00025 Fmt 4700 Explanation 6/9/2017 General Monitoring, Recordkeeping, and Reporting Requirements. Initial Monitoring System Certification and Recertification Procedures. Monitoring System Out-of-Control Periods. Notifications Concerning Monitoring Section 335–3–8–.66 ............. EPA approval date Sfmt 4700 * * 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 the infrastructure SIP submission from the State of Missouri received on July 08, 2013, as meeting the submittal requirements of 110(a)(1). 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). EPA is not acting on the elements of section 110(a)(2)(D)(i)(I)— significant contribution to nonattainment (prong 1), interfering with maintenance of the NAAQs (prong 2) because those elements were not addressed in the SIP revision submittal. EPA is not acting on section 110(a)(2)(I). EPA will act on 110(a)(2)(D)(i)(II)— protection of visibility (prong 4) in a separate action. 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’s submission has met the public notice requirements for the Ozone infrastructure SIP submission in accordance with 40 CFR 51.102. The E:\FR\FM\06OCR1.SGM 06OCR1 46680 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations asabaliauskas on DSKBBXCHB2PROD with RULES state held a public comment period from The MDNR held a public hearing and comment period from April 30, 2013 to June 06, 2013. EPA provided comments on May 23, 2013 and were the only commenters. A public hearing was held on May 30, 2013. The submission satisfied the completeness criteria of 40 CFR part 51, appendix V for all elements except 110(a)(2)(D)(i)(I)—prongs 1 and 2. EPA published a document in the Federal Register, ‘‘Findings of Failure to Submit a Section 110 State Implementation Plan for Interstate Transport for the 2008 National Ambient Air Quality Standards for Ozone’’.1 Missouri was included in this finding because it had not made a complete ‘‘good neighbor’’ SIP submittal to meet the section 110(a)(2)(D)(i)(I)—prongs 1 and 2 elements. As explained 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 taking direct final action to approve elements of the July 08, 2013, infrastructure SIP submission from the State of Missouri, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2008 Ozone NAAQS. As stated above, EPA is approving the revision as meeting the submittal requirement of section 110(a)(1) and approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)—prong 3, (D)(ii), (E) through (H), and (J) through (M). EPA will act on (D)(i)(II)—prong 4 in a separate action. EPA is taking no further action with respect to elements of section 110(a)(2)(D)(i)(I)—prongs 1 and 2— because the Cross State Air Pollution Rule (CSAPR) Federal Implementation Plans (FIPs) that require subject units in Missouri to participate in the Federal CSAPR NOX Annual Trading Program and the Federal CSAPR SO2 Group 1 Trading Program continue to apply and addresses emissions from subject units that may be contributing to nonattainment (prong 1) or interfering with maintenance (prong 2) of the NAAQS in another state.2 3 Additionally, on June 28, 2016, EPA took direct final action to approve Missouri’s adoption of state regulations that established state-determined allocations replacing EPA’s CSAPR default annual NOX and annual SO2 1 See 80 FR 39961 (August 12, 2015). 76 FR 48208 (August 8, 2011). 3 See 81 FR 74504 (December 27, 2016). emissions allocation allowances for 2017 and later years as an abbreviated SIP revision.4 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. 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 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 2 See VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 4 See PO 00000 81 FR 41838 (August 12, 2016). Frm 00026 Fmt 4700 Sfmt 4700 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 (Public Law 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 21, 2017. Cathy Stepp, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA is amending 40 CFR part 52 as set forth below: E:\FR\FM\06OCR1.SGM 06OCR1 46681 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations Authority: 42 U.S.C. 7401 et seq. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.1320 * Subpart AA—Missouri Identification of plan. * * (e)* * * * * 2. Amend § 52.1320(e) by adding entry (63) in numerical order to read as follows: ■ 1. The authority citation for part 52 continues to read as follows: ■ EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS Name of nonregulatory SIP revision * (63) Sections 110 (a)(1) and 110(a)(2) Infrastructure Requirements for the 2008 Ozone NAAQS. * Applicable geographic or nonattainment area * Statewide .......... * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2013–0558, FRL–9969–00– Region 8] Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2010 SO2 and 2012 PM2.5 National Ambient Air Quality Standards; North Dakota Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) revisions from the State of North Dakota to demonstrate the State meets infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for sulfur dioxide (SO2) on June 2, 2010, and fine particulate matter (PM2.5) on December 14, 2012. DATES: This rule is effective on November 6, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R08–OAR–2013–0558. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. asabaliauskas on DSKBBXCHB2PROD with RULES SUMMARY: 16:21 Oct 05, 2017 * 7/8/13 EPA approval date * 10/6/17, [Insert Federal Register citation]. * [FR Doc. 2017–21528 Filed 10–5–17; 8:45 am] VerDate Sep<11>2014 State submittal date Jkt 244001 * Explanation * * * This action approves the following CAA elements: 110(a)(1) and 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)(D)(i)(I)—prongs 1 and 2 are addressed by a Federal Implementation Plan. 110(a)(2)(I) is not applicable. [EPA–R07–OAR– 2015–0356; FRL–9968–82–Region 7.] * 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 either electronically through https://www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Kate Gregory, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6175, gregory.kate@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Infrastructure requirements for SIPs are set forth in section 110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific infrastructure elements that a SIP must contain or satisfy. The elements that are the subject of this action are described in detail in our notice of proposed rulemaking published on June 6, 2017 (82 FR 25999). In our proposed rule, the EPA proposed to approve some infrastructure elements and to take no action on others for the 2010 SO2 and 2012 PM2.5 NAAQS from the State’s March 7, 2013 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 * * and August 23, 2015 certifications,1 respectively. In this rulemaking, we are taking final action to approve those infrastructure elements from the State’s certifications for which we proposed approval. II. Response to Comments No comments were received on our June 29, 2017 notice of proposed rulemaking. III. Final Action For reasons expressed in the proposed rule, the EPA is taking final action to approve infrastructure elements from the State’s certifications as shown in Table 1. Elements we are taking no action on are reflected in Table 2. TABLE 1—LIST OF NORTH DAKOTA INFRASTRUCTURE ELEMENTS AND REVISIONS THE EPA IS APPROVING Approval March 7, 2013 submittal—2010 SO2 NAAQS: (A), (B), (C), (D)(i)(II) prongs 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). August 23, 2015 submittal—2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II) prongs 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). 1 ‘‘Where an air agency determines that the provisions in or referred to by its existing EPA approved SIP are adequate with respect to a given infrastructure SIP element (or sub element) even in light of the promulgation of a new or revised NAAQS, the air agency may make a SIP submission in the form of a certification.’’ EPA’s ‘‘Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and (2),’’ September 13, 2013, at 7. E:\FR\FM\06OCR1.SGM 06OCR1

Agencies

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46679-46681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21528]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0356; FRL-9968-82-Region 7]


Approval of Missouri Air Quality Implementation Plans; 
Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air 
Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a State Implementation Plan (SIP) revision from the State 
of Missouri for the 2008 Ozone National Ambient Air Quality Standard 
(NAAQS). Section 110 of the CAA requires that each state adopt and 
submit a SIP for the 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 December 5, 2017, 
without further notice, unless EPA receives adverse comment by November 
6, 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-2015-0356, 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: Tracey Casburn, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at 
casburn.tracey@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 the infrastructure SIP submission from the State 
of Missouri received on July 08, 2013, as meeting the submittal 
requirements of 110(a)(1). 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). EPA is not acting on the elements of section 
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 
1), interfering with maintenance of the NAAQs (prong 2) because those 
elements were not addressed in the SIP revision submittal. EPA is not 
acting on section 110(a)(2)(I). EPA will act on 110(a)(2)(D)(i)(II)--
protection of visibility (prong 4) in a separate action.
    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's submission has met the public notice requirements for 
the Ozone infrastructure SIP submission in accordance with 40 CFR 
51.102. The

[[Page 46680]]

state held a public comment period from The MDNR held a public hearing 
and comment period from April 30, 2013 to June 06, 2013. EPA provided 
comments on May 23, 2013 and were the only commenters. A public hearing 
was held on May 30, 2013. The submission satisfied the completeness 
criteria of 40 CFR part 51, appendix V for all elements except 
110(a)(2)(D)(i)(I)--prongs 1 and 2. EPA published a document in the 
Federal Register, ``Findings of Failure to Submit a Section 110 State 
Implementation Plan for Interstate Transport for the 2008 National 
Ambient Air Quality Standards for Ozone''.\1\ Missouri was included in 
this finding because it had not made a complete ``good neighbor'' SIP 
submittal to meet the section 110(a)(2)(D)(i)(I)--prongs 1 and 2 
elements. As explained 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.
---------------------------------------------------------------------------

    \1\ See 80 FR 39961 (August 12, 2015).
---------------------------------------------------------------------------

III. What action is EPA taking?

    EPA is taking direct final action to approve elements of the July 
08, 2013, infrastructure SIP submission from the State of Missouri, 
which addresses the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2008 Ozone NAAQS. As stated above, EPA is approving 
the revision as meeting the submittal requirement of section 110(a)(1) 
and approving the following elements of section 110(a)(2): (A), (B), 
(C), (D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through 
(M). EPA will act on (D)(i)(II)--prong 4 in a separate action.
    EPA is taking no further action with respect to elements of section 
110(a)(2)(D)(i)(I)--prongs 1 and 2--because the Cross State Air 
Pollution Rule (CSAPR) Federal Implementation Plans (FIPs) that require 
subject units in Missouri to participate in the Federal CSAPR 
NOX Annual Trading Program and the Federal CSAPR 
SO2 Group 1 Trading Program continue to apply and addresses 
emissions from subject units that may be contributing to nonattainment 
(prong 1) or interfering with maintenance (prong 2) of the NAAQS in 
another state.2 3 Additionally, on June 28, 2016, EPA took 
direct final action to approve Missouri's adoption of state regulations 
that established state-determined allocations replacing EPA's CSAPR 
default annual NOX and annual SO2 emissions 
allocation allowances for 2017 and later years as an abbreviated SIP 
revision.\4\
---------------------------------------------------------------------------

    \2\ See 76 FR 48208 (August 8, 2011).
    \3\ See 81 FR 74504 (December 27, 2016).
    \4\ See 81 FR 41838 (August 12, 2016).
---------------------------------------------------------------------------

    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.
    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 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 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 21, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA is amending 40 CFR part 
52 as set forth below:

[[Page 46681]]

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 AA--Missouri

0
2. Amend Sec.  52.1320(e) by adding entry (63) in numerical order to 
read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e)* * *

                                                   EPA-Approved Missouri Nonregulatory SIP Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Name of non- regulatory SIP      Applicable geographic       State
              revision               or nonattainment area  submittal date             EPA approval date                         Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
(63) Sections 110 (a)(1) and         Statewide............          7/8/13  10/6/17, [Insert Federal Register       This action approves the following
 110(a)(2) Infrastructure                                                    citation].                              CAA elements: 110(a)(1) and
 Requirements for the 2008 Ozone                                                                                     110(a)(2)(A), (B), (C), (D)(i)(II)--
 NAAQS.                                                                                                              prong 3, (D)(ii), (E), (F), (G),
                                                                                                                     (H), (J), (K), (L), and (M).
                                                                                                                     110(a)(2)(D)(i)(I)--prongs 1 and 2
                                                                                                                     are addressed by a Federal
                                                                                                                     Implementation Plan.
                                                                                                                    110(a)(2)(I) is not applicable. [EPA-
                                                                                                                     R07-OAR-2015-0356; FRL-9968-82-
                                                                                                                     Region 7.]
 
                                                                      * * * * * * *
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[FR Doc. 2017-21528 Filed 10-5-17; 8:45 am]
 BILLING CODE 6560-50-P
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