Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5, 47147-47149 [2017-21806]
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ethrower on DSK3G9T082PROD with RULES
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
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 the 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the 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. The 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
VerDate Sep<11>2014
20:04 Oct 10, 2017
Jkt 244001
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 11,
2017. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
§ 52.223
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
47147
AGENCY:
Authority: 42 U.S.C. 7401 et seq.
Dated: September 26, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
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 F—California
2. Section 52.220 is amended by
adding paragraph (c)(496) to read as
follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(496) The following plan was
submitted on August 24, 2016, by the
Governor’s Designee.
(i) [Reserved]
(ii) Additional materials. (A)
California Air Resources Board (CARB).
(1) CARB Resolution 16–8, dated July
21, 2016, adopting the ‘‘2016 Ozone
State Implementation Plan for the San
Joaquin Valley.’’
(2) ‘‘Staff Report, ARB Review of the
San Joaquin Valley 2016 Plan for the
2008 8-Hour Ozone Standard,’’ section
V.H (‘‘Bakersfield Area Monitor’’) and
Appendix C (‘‘U.S. EPA Letter
Regarding Arvin Site Relocation’’), only.
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[Amended]
3. Section 52.223 is amended by
removing and reserving paragraphs
(i)(1), (i)(7), (l)(1), and (l)(7).
■
[FR Doc. 2017–21777 Filed 10–10–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2017–0513; FRL–9969–12–
Region 7]
Approval of Missouri Air Quality
Implementation Plans; Infrastructure
SIP Requirements for the 2012 Annual
Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
revision from the State of Missouri for
the 2012 Annual Fine Particulate Matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS) and two state
statutes into the SIP to address the
requirements relating to conflicts of
interest found in section 128 of the
Clean Air Act (CAA). 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–2017–0513, 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
SUMMARY:
E:\FR\FM\11OCR1.SGM
11OCR1
47148
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
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:
ethrower on DSK3G9T082PROD with RULES
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 October 14, 2015.
Specifically, EPA is 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 intends to act on
elements of section 110(a)(2)(D)(i)(I)—
significant contribution to
nonattainment (prong 1), interfering
with maintenance of the NAAQs (prong
2) and 110(a)(2)(D)(i)(II)—protection of
visibility (prong 4) in subsequent
rulemakings. EPA is taking no action
section 110(a)(2)(I). EPA is also
approving the state’s request to include
Missouri State Statute section
105.483(5) RSMo 2014, and Missouri
State Statute section 105.485 RSMo
2014 into the SIP. These two statutes
address aspects of the infrastructure
requirements relating to conflicts of
interest as found in section 128 of the
CAA.
A Technical Support Document (TSD)
is included as part of this docket to
VerDate Sep<11>2014
20:04 Oct 10, 2017
Jkt 244001
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 July 27, 2015, to September
03, 2015. The state received no
comments during the public comment
period. A public hearing was held on
August 27, 2015. 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?
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
October 14, 2015, infrastructure SIP
submission from the State of Missouri,
which addresses the requirements of
CAA sections 110(a)(1) and (2) as
applicable to the 2012 Annual PM2.5
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 intends to act on elements of
section 110(a)(2)(D)(i)(I)—significant
contribution to nonattainment (prong 1),
interfering with maintenance of the
NAAQs (prong 2) and
110(a)(2)(D)(i)(II)—protection of
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Frm 00066
Fmt 4700
Sfmt 4700
visibility (prong 4) in subsequent
rulemakings. EPA is taking no action
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.
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);
E:\FR\FM\11OCR1.SGM
11OCR1
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
• 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).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate Matter,
Reporting and recordkeeping
requirements, Sulfur Dioxides.
Dated: September 27, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
47149
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. Amend § 52.1320 by adding
paragraphs (e)(72) and (73) to read as
follows:
■
§ 52.1320
*
For the reasons stated in the
preamble, EPA is amending 40 CFR part
52 as set forth below:
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable
geographic or
nonattainment
area
State submittal
date
EPA approval date
*
*
(72) Sections 110 (a)(1) and 110(a)(2) Infrastructure Requirements for the 2012
Annual Fine Particulate Matter (PM2.5)
NAAQS.
*
Statewide .......
*
10/14/2015
*
10/11/2017, [Insert
Federal Register
citation].
(73) Missouri State Statute section
105.483(5) RSMo 2014, and Missouri
State Statute section 105.485 RSMo
2014.
Statewide .......
10/14/2015
10/11/2017, [Insert
Federal Register
citation].
Name of non-regulatory SIP provision
[FR Doc. 2017–21806 Filed 10–10–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0298; FRL–9969–01–
Region 8]
Approval and Promulgation; State of
Utah; Salt Lake County and Utah
County Nonattainment Area Coarse
Particulate Matter State
Implementation Plan Revisions To
Control Measures for Point Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ethrower on DSK3G9T082PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
certain State Implementation Plan (SIP)
revisions submitted by Utah on January
4, 2016, and of certain revisions
SUMMARY:
VerDate Sep<11>2014
20:04 Oct 10, 2017
Jkt 244001
submitted on January 19, 2017, for the
coarse particulate matter (PM10) national
ambient air quality standard (NAAQS)
in the Salt Lake County and Utah
County PM10 nonattainment areas. The
revisions that the EPA is approving are
located in Utah Division of
Administrative Rule (DAR) R307–110–
17 and SIP Subsection IX.H.1–4, and
establish emissions limits for PM10, NOX
and SO2 for certain stationary sources in
the nonattainment areas. These actions
are being taken under section 110 of the
Clean Air Act (CAA).
DATES: This final rule is effective on
November 13, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2017–0298. 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.
Certain other material, such as
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
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)(I) is not applicable. [EPA–
R07–OAR–2017–0513;
FRL–9969–
12—Region 7.]
EPA–R07–OAR–2017–0513; FRL–9969–
12—Region 7.
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 https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
James Hou, Air Program, EPA, Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6210, hou.james@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the 1990 amendments to the
CAA, Salt Lake and Utah Counties were
designated nonattainment for PM10 and
classified as moderate areas by
operation of law as of November 15,
1990 (56 FR 56694, 56840; November 6,
1991). On July 8, 1994, the EPA
approved the PM10 SIP for the Salt Lake
and Utah County Nonattainment Areas
E:\FR\FM\11OCR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47147-47149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21806]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0513; FRL-9969-12-Region 7]
Approval of Missouri Air Quality Implementation Plans;
Infrastructure SIP Requirements for the 2012 Annual Fine Particulate
Matter (PM2.5) 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 2012 Annual Fine Particulate Matter
(PM2.5) National Ambient Air Quality Standard (NAAQS) and
two state statutes into the SIP to address the requirements relating to
conflicts of interest found in section 128 of the Clean Air Act (CAA).
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-2017-0513, 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
[[Page 47148]]
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 October 14, 2015.
Specifically, EPA is 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 intends to act on elements of section
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong
1), interfering with maintenance of the NAAQs (prong 2) and
110(a)(2)(D)(i)(II)--protection of visibility (prong 4) in subsequent
rulemakings. EPA is taking no action section 110(a)(2)(I). EPA is also
approving the state's request to include Missouri State Statute section
105.483(5) RSMo 2014, and Missouri State Statute section 105.485 RSMo
2014 into the SIP. These two statutes address aspects of the
infrastructure requirements relating to conflicts of interest as found
in section 128 of the CAA.
A Technical Support Document (TSD) is included as part of 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 comment period from July 27, 2015, to September 03, 2015. The
state received no comments during the public comment period. A public
hearing was held on August 27, 2015. 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?
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 October 14, 2015, infrastructure
SIP submission from the State of Missouri, which addresses the
requirements of CAA sections 110(a)(1) and (2) as applicable to the
2012 Annual PM2.5 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 intends
to act on elements of section 110(a)(2)(D)(i)(I)--significant
contribution to nonattainment (prong 1), interfering with maintenance
of the NAAQs (prong 2) and 110(a)(2)(D)(i)(II)--protection of
visibility (prong 4) in subsequent rulemakings. EPA is taking no action
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.
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);
[[Page 47149]]
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, Particulate
Matter, Reporting and recordkeeping requirements, Sulfur Dioxides.
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 by adding paragraphs (e)(72) and (73) 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 EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(72) Sections 110 (a)(1) and Statewide........... 10/14/2015 10/11/2017, This action approves
110(a)(2) Infrastructure [Insert Federal the following CAA
Requirements for the 2012 Register elements: 110(a)(1)
Annual Fine Particulate Matter citation]. and 110(a)(2)(A),
(PM2.5) NAAQS. (B), (C), (D)(i)(II)--
prong 3, D((ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
110(a)(2)(I) is not
applicable. [EPA-R07-
OAR-2017-0513; FRL-
9969-12--Region 7.]
(73) Missouri State Statute Statewide........... 10/14/2015 10/11/2017, EPA-R07-OAR-2017-0513;
section 105.483(5) RSMo 2014, [Insert Federal FRL-9969-12--Region
and Missouri State Statute Register 7.
section 105.485 RSMo 2014. citation].
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[FR Doc. 2017-21806 Filed 10-10-17; 8:45 am]
BILLING CODE 6560-50-P
