Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard, 47154-47155 [2017-21805]
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47154
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
[FR Doc. 2017–21778 Filed 10–10–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2017–0268; FRL–9969–
10—Region 7]
Approval of Missouri Air Quality
Implementation Plans; Infrastructure
SIP Requirements for the 2010
Nitrogen 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 Nitrogen Dioxide (NO2)
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 11, 2017, without
further notice, unless EPA receives
adverse comment by November 13,
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–2017–0268, 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
ethrower on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
20:04 Oct 10, 2017
Jkt 244001
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 April 30, 2013. Specifically,
EPA is approving the following
elements of section 110(a)(2): (A)
Through (H) (except (D)(i)(II)-protection
of visibility (prong 4)), and (J) through
(M). EPA is not acting on section
110(a)(2)(I) as it does not expect
infrastructure SIP submissions to
address the element. EPA will act on
prong 4 in a separate action. A
Technical Support Document (TSD) is
included in this docket to discuss the
details of this action, including analysis
of how the SIP meets the applicable 110
requirements for infrastructure SIPs.
II. Have the requirements for approval
of a SIP revision been met?
The state’s submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The state held a public hearing
on March 28, 2013 and a public
comment period from February 25, 2013
to April 4, 2013. EPA provided
comments to the state on April 3, 2013,
and were the only commenters. The
state revised its proposed SIP in
response to EPA’s comments and the
revisions were contained in the SIP
submitted to EPA on April 30, 2013.
The submission satisfied the
completeness criteria of 40 CFR part 51,
appendix V. As explained in more detail
in the TSD, which is part of this docket,
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
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 April 30, 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 NO2
NAAQS. As stated in above preamble,
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) Through (H) (except (D)(i)(II)protection of visibility (prong 4)), and (J)
through (M). EPA is not acting on
section 110(a)(2)(I) as it does not expect
infrastructure SIP submissions to
address the element. EPA will act on
prong 4 in a separate action.
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 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.
E:\FR\FM\11OCR1.SGM
11OCR1
47155
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: September 27, 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.
Subpart—AA Missouri
2. Amend § 52.1320 in the table in
paragraph (e) by adding an entry for
‘‘(64) Sections 110 (a)(1) and 110(a)(2)
Infrastructure Requirements for the 2010
Nitrogen Dioxide NAAQS’’ in numerical
order to read as follows:
■
§ 52.1320
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of non-regulatory SIP revision
*
*
(64) Sections 110(a)(1) and 110(a)(2)
Infrastructure Requirements for the
2010 Nitrogen Dioxide NAAQS.
*
*
Applicable
geographic or
nonattainment
area
State
submittal
date
*
Statewide ...............
*
4/30/13
*
[FR Doc. 2017–21805 Filed 10–10–17; 8:45 am]
BILLING CODE 6560–50–P
EPA Approval
date
Explanation
*
10/11/2017 [Insert
Federal Register
citation].
*
*
This action approves the following CAA
elements: 110(a)(1) and 110(a)(2)(A),
(B), (C), (D)(i)(I), (D)(i)(II)-prong 3,
(D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M). 110(a)(2)(I) is not applicable.
[EPA–R07–OAR–2017–0268;
FRL–XXXX—Region 7.]
*
*
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 2 and 27
ethrower on DSK3G9T082PROD with RULES
[GN Docket No. 12–268: DA 17–887]
Expanding the Economic and
Innovation Opportunities of Spectrum
Through Incentive Auctions
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
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*
*
In this document, the
Commission modifies the Table of
Frequency Allocations (Allocations
Table) in of its rules, as well as
modifying four of its rules, to conform
them to the results of the broadcast
television incentive auction. This action
ensures that the Commission’s rules
accurately reflect revisions that
occurred because of that auction.
DATES: Effective November 13, 2017.
FOR FURTHER INFORMATION CONTACT: Tom
Mooring, Office of Engineering and
SUMMARY:
E:\FR\FM\11OCR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47154-47155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21805]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0268; FRL-9969-10--Region 7]
Approval of Missouri Air Quality Implementation Plans;
Infrastructure SIP Requirements for the 2010 Nitrogen 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 Nitrogen Dioxide (NO2) 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 11, 2017,
without further notice, unless EPA receives adverse comment by November
13, 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-2017-0268, 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 April 30, 2013.
Specifically, EPA is approving the following elements of section
110(a)(2): (A) Through (H) (except (D)(i)(II)-protection of visibility
(prong 4)), and (J) through (M). EPA is not acting on section
110(a)(2)(I) as it does not expect infrastructure SIP submissions to
address the element. EPA will act on prong 4 in a separate action. A
Technical Support Document (TSD) is included in this docket to discuss
the details of this action, including analysis of how the SIP meets the
applicable 110 requirements for infrastructure SIPs.
II. Have the requirements for approval of a SIP revision been met?
The state's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state held a
public hearing on March 28, 2013 and a public comment period from
February 25, 2013 to April 4, 2013. EPA provided comments to the state
on April 3, 2013, and were the only commenters. The state revised its
proposed SIP in response to EPA's comments and the revisions were
contained in the SIP submitted to EPA on April 30, 2013. The submission
satisfied the completeness criteria of 40 CFR part 51, appendix V. As
explained in more detail in the TSD, which is part of this docket, the
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 April
30, 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 NO2 NAAQS. As stated in above
preamble, 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) Through (H) (except (D)(i)(II)-protection of
visibility (prong 4)), and (J) through (M). EPA is not acting on
section 110(a)(2)(I) as it does not expect infrastructure SIP
submissions to address the element. EPA will act on prong 4 in a
separate action.
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
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.
[[Page 47155]]
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: September 27, 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.
Subpart--AA Missouri
0
2. Amend Sec. 52.1320 in the table in paragraph (e) by adding an entry
for ``(64) Sections 110 (a)(1) and 110(a)(2) Infrastructure
Requirements for the 2010 Nitrogen Dioxide NAAQS'' in numerical order
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 EPA Approval date Explanation
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(64) Sections 110(a)(1) and Statewide......... 4/30/13 10/11/2017 [Insert This action approves
110(a)(2) Infrastructure Federal Register the following CAA
Requirements for the 2010 citation]. elements: 110(a)(1)
Nitrogen Dioxide NAAQS. and 110(a)(2)(A), (B),
(C), (D)(i)(I),
(D)(i)(II)-prong 3,
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M).
110(a)(2)(I) is not
applicable. [EPA-R07-
OAR-2017-0268; FRL-
XXXX--Region 7.]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-21805 Filed 10-10-17; 8:45 am]
BILLING CODE 6560-50-P
