Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 46672-46674 [2017-21532]
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
Income Taxes
CFR Correction
In Title 26 of the Code of Federal
Regulations, § 1.1551 to end of part 1,
revised as of April 1, 2017, on page 331,
in § 1.6045–4, in paragraph (m), after the
designation (1), the designation (i) is
added.
[FR Doc. 2017–21741 Filed 10–5–17; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
Dated: October 2, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port, North Carolina.
[Docket No. USCG–2017–0909]
Special Local Regulations; Marine
Events Within the Fifth Coast Guard
District
[FR Doc. 2017–21570 Filed 10–5–17; 8:45 am]
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
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BILLING CODE 9110–04–P
The Coast Guard will enforce
special local regulations for the Swim
the Loop and Motts Channel Sprint on
October 7, 2017, to provide for the
safety of life on navigable waterways
during this event. Our regulation for
marine events within the Fifth Coast
Guard District identifies the regulated
area for this event in Wrightsville
Beach, NC. During the enforcement
periods, the operator of any vessel in the
regulated area must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
DATES: The regulations in 33 CFR
100.501 will be enforced for the Swim
the Loop and Motts Channel Sprint
regulated area listed in item d.1 in the
Table to § 100.501 from 9:30 a.m. to
noon on October 7, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, contact Petty Officer
Matthew Tyson, Waterways
Management Division, U.S. Coast Guard
Sector North Carolina, Wilmington, NC;
telephone: 910–772–2221, email:
Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce special local
regulations in 33 CFR 100.501 for the
Swim the Loop and Motts Channel
SUMMARY:
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Sprint regulated area from 9:30 a.m. to
noon on October 7, 2017. This action is
being taken to provide for the safety of
life on navigable waterways during this
event. Our regulation for marine events
within the Fifth Coast Guard District,
§ 100.501, specifies the location of the
regulated area for the Swim the Loop
and Motts Channel Sprint which
encompasses portions of Motts Channel,
Banks Channel, Lee’s Cut, and the
Atlantic Intracoastal Waterway. During
the enforcement periods, as reflected in
§ 100.100(c), if you are the operator of
a vessel in the regulated area you must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
This notice of enforcement is issued
under authority of § 100.100(f) and 5
U.S.C. 552(a). In addition to this notice
of enforcement in the Federal Register,
the Coast Guard plans to provide
notification of this enforcement period
via a Broadcast Notice to Mariners.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2017–0515; FRL–9968–
80—Region 7]
Approval of Missouri Air Quality
Implementation Plans; Infrastructure
SIP Requirements for the 2010 Sulfur
Dioxide 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 2010 Sulfur Dioxide (SO2) 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.
SUMMARY:
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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–2017–0515, 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:
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 the revision as
meeting the submittal requirement of
section 110(a)(1). EPA is approving
elements of the infrastructure SIP
submission from the State of Missouri
received on July 08, 2013. EPA is
approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(II)—
prevention of significant deterioration of
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations
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) or section 110(a)(2)(I).
EPA intends to act on section
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.
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II. Have the requirements for approval
of a SIP revision been met?
The state’s submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The state held a public comment
period from The MDNR held a public
hearing and comment period from April
30, 2013, to June 6, 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. 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?
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.
EPA is approving elements of the July
8, 2013, infrastructure SIP submission
from the State of Missouri, which
addresses the requirements of CAA
sections 110(a)(1) and (2) as applicable
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16:21 Oct 05, 2017
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to the 2010 SO2 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)—prevention of
significant deterioration of air quality
(prong 3), (D)(ii), (E) through (H), and (J)
through (M). EPA is not acting on
section 110(a)(2)(I). EPA intends to act
on section 110(a)(2)(D)(i)(II)—protection
of visibility (prong 4) in a separate
action.
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 taking action on section
110(a)(2)(D)(I) as the agency does not
expect infrastructure SIP revisions to
address the element. 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.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act (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.);
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46673
• 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur dioxide.
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:
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.
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations
§ 52.1320
Subpart AA—Missouri
*
2. Amend § 52.1320 by adding
paragraph (e)(65) to read as follows:
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of non-regulatory
SIP revision
*
Applicable geographic or
nonattainment area
*
(65) Sections 110(a)(1)
and 110(a)(2) Infrastructure Requirements for
the 2010 Sulfur Dioxide
NAAQS.
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0415; FRL–9968–
93—Region 4]
Air Plan Approval; Alabama; CrossState Air Pollution Rule
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
the October 26, 2015, and May 19, 2017,
State Implementation Plan (SIP)
revisions from Alabama replacing the
Cross-State Air Pollution Rule (CSAPR)
federal implementation plan (FIP).
Under CSAPR, large electricity
generating units (EGUs) in Alabama are
subject to FIP provisions requiring the
units to participate in a federal
allowance trading program for ozone
season emissions of nitrogen oxides
(NOX). This action approves into
Alabama’s SIP the State’s regulations
requiring Alabama’s affected units to
participate in a new state allowance
trading program for ozone season NOX
emissions integrated with the CSAPR
federal trading programs, replacing the
corresponding CSAPR FIP requirements
for Alabama. This state trading program
is substantively identical to the federal
trading program except with regard to
the provisions allocating emission
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SUMMARY:
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*
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EPA approval date
*
Statewide ..........................
[FR Doc. 2017–21532 Filed 10–5–17; 8:45 am]
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State submittal
date
*
*
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*
10/6/2017, [Insert Federal
Register citation].
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*
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). EPA is not acting on
110(a)(2)(D)(i)(I)—prongs 1 and 2.
110(a)(2)(I) is not applicable. EPA intends to act on 110(a)(2)(D)(i)(II)—
prong 4 in a separate action. [EPA–
R07–OAR–2017–0515; FRL–9968–
80–Region 7.]
*
allowances among Alabama units.
Under the CSAPR regulations, final
approval of these portions of the SIP
revisions automatically eliminates
Alabama units’ FIP requirements to
participate in CSAPR’s federal
allowance trading program for ozone
season NOX emissions. Approval also
fully satisfies Alabama’s good neighbor
obligation under the Clean Air Act
(CAA or Act) to prohibit emissions
which will significantly contribute to
nonattainment or interfere with
maintenance of the 1997 8-hour Ozone
National Ambient Air Quality Standards
(NAAQS) in any other state; and
partially satisfies Alabama’s good
neighbor obligation under the CAA to
prohibit emissions which will
significantly contribute to
nonattainment or interfere with
maintenance of the 2008 8-hour Ozone
NAAQS in any other state.
DATES: This rule will be effective
November 6, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No EPA–R04–OAR–2017–
0415. All documents in the docket are
listed on the www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., 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 either electronically through
www.regulations.gov or in hard copy at
PO 00000
Explanation
*
*
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Ashten Bailey, Air Regulatory
Management Section, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bailey
can be reached by telephone at (404)
562–9164 or via electronic mail at
bailey.ashten@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background on CSAPR and CSAPRRelated SIP Revisions
EPA issued CSAPR 1 in July 2011 and
the CSAPR Update 2 in 2016 to address
1 Federal Implementation Plans; Interstate
Transport of Fine Particulate Matter and Ozone and
Correction of SIP Approvals, 76 FR 48208 (August
8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and subparts AAAAA through EEEEE of 40
CFR part 97).
2 See 81 FR 74504 (October 26, 2016). The CSAPR
Update was promulgated to address interstate
pollution with respect to the 2008 8-hour Ozone
NAAQS and to address a judicial remand of certain
original CSAPR ozone season NOX budgets
promulgated with respect to the 1997 8-hour Ozone
NAAQS. Id. at 74505. The CSAPR Update
established new emission reduction requirements
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]]>Agencies
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46672-46674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21532]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0515; FRL-9968-80--Region 7]
Approval of Missouri Air Quality Implementation Plans;
Infrastructure SIP Requirements for the 2010 Sulfur Dioxide 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 2010 Sulfur Dioxide (SO2) 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-2017-0515, 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 revision as meeting the submittal requirement
of section 110(a)(1). EPA is approving elements of the infrastructure
SIP submission from the State of Missouri received on July 08, 2013.
EPA is approving the following elements of section 110(a)(2): (A), (B),
(C), (D)(i)(II)--prevention of significant deterioration of
[[Page 46673]]
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) or section 110(a)(2)(I). EPA intends
to act on section 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
SIP submissions in accordance with 40 CFR 51.102. The state held a
public comment period from The MDNR held a public hearing and comment
period from April 30, 2013, to June 6, 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. 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?
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.
EPA is approving elements of the July 8, 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 2010
SO2 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)--prevention of significant deterioration of air quality
(prong 3), (D)(ii), (E) through (H), and (J) through (M). EPA is not
acting on section 110(a)(2)(I). EPA intends to act on section
110(a)(2)(D)(i)(II)--protection of visibility (prong 4) in a separate
action.
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 taking action on section 110(a)(2)(D)(I) as the agency
does not expect infrastructure SIP revisions to address the element.
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.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur dioxide.
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:
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.
[[Page 46674]]
Subpart AA--Missouri
0
2. Amend Sec. 52.1320 by adding paragraph (e)(65) to read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State
revision nonattainment submittal date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(65) Sections 110(a)(1) and Statewide...... 7/8/2013 10/6/2017, [Insert Federal This action
110(a)(2) Infrastructure Register citation]. approves the
Requirements for the 2010 following CAA
Sulfur Dioxide NAAQS. elements:
110(a)(1) and
110(a)(2)(A),
(B), (C),
(D)(i)(II)--pr
ong 3,
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M). EPA
is not acting
on
110(a)(2)(D)(i
)(I)--prongs 1
and 2.
110(a)(2)(I)
is not
applicable.
EPA intends to
act on
110(a)(2)(D)(i
)(II)--prong 4
in a separate
action. [EPA-
R07-OAR-2017-0
515; FRL-9968-
80-Region 7.]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-21532 Filed 10-5-17; 8:45 am]
BILLING CODE 6560-50-P
