[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45497-45499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20964]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0267; FRL-9968-62-Region 7]
Approval of Implementation Plans; State of Iowa; Elements of the
Infrastructure SIP Requirements for the 2010 Sulfur Dioxide National
Ambient Air Quality Standard (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve elements of a State Implementation Plan (SIP)
submission, and an amended SIP submission from the State of Iowa for
the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality
Standard (NAAQS). Infrastructure SIPs address the applicable
requirements of Clean Air Act (CAA) section 110, which requires that
each state adopt and submit a SIP for the implementation, maintenance,
and enforcement of each new or revised NAAQS promulgated by the EPA.
These SIPs are commonly referred to as ``infrastructure'' SIPs. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA.
DATES: This direct final rule will be effective November 28, 2017,
without further notice, unless EPA receives adverse comment by October
30, 2017. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0267, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Air Planning and
Development Branch, U.S. Environmental Protection Agency, Region 7,
11201 Renner Boulevard, Lenexa, KS 66219 at (913) 551-7039, or by email
at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been
met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is approving elements of the 2010 SO2 NAAQS
infrastructure SIP submission from the State of Iowa received on July
29, 2013. Specifically, EPA is approving the following elements of
section 110(a)(2): (A),(B),(C),(D)(i)(II)--prevent of significant
deterioration of air quality (prong 3), and (D)(ii), (E) through (H),
and (J) through (M). A Technical Support Document (TSD) is included as
part of the docket to discuss the details of this action, including
analysis of how the SIP meets the applicable 110 requirements for
infrastructure SIPs.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The state initiated
public comment from April 6, 2013, to May 8, 2013. One comment was
received and adequately addressed in the final SIP submission. This
submission also satisfied the completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained in above preamble and in more
detail in the TSD which is part of this docket, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is approving elements of the July 23, 2013, infrastructure SIP
submission from the State of Iowa, which addresses the requirements of
CAA sections 110(a)(1) and (2) as applicable to the 2010 SO2
NAAQS. As stated above, EPA is approving the following elements of
section 110(a)(2): (A),(B),(C),(D)(i)(II)--prevent of significant
deterioration of air quality (prong 3), and (D)(ii), (E) through (H),
and (J) through (M). Details of the submission are addressed in the
TSD, included as part of the docket, and discuss this approval action.
EPA is not taking action on section 110(a)(2)(I). Section
110(a)(2)(I) requires that in the case of a plan or plan revision for
areas designated as nonattainment areas, states must meet applicable
requirements of part D of the CAA, relating to SIP requirements for
designated nonattainment areas. EPA does not expect infrastructure SIP
submissions to address element (I). The specific SIP submissions for
designated nonattainment areas, as required under CAA title I, part D,
are subject to different submission schedules than those for section
110 infrastructure elements. EPA will take action on part D attainment
plan SIP submissions through a separate rulemaking governed by the
requirements for nonattainment areas, as described in part D.
EPA is not taking action on section 110(a)(2)(D)(i)(I) prongs 1 and
2, and section 110(a)(2)(D)(i)(II) prong 4.
We are publishing this direct final rule without a prior proposed
rule because we view this as a
[[Page 45498]]
noncontroversial action and anticipate no adverse comment. However, in
the ``Proposed Rules'' section of this issue of the Federal Register,
we are publishing a separate document that will serve as the proposed
rule to approve the SIP revision if adverse comments are received on
this direct final rule. We will not institute a second comment period
on this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document. If EPA receives adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We will
address all public comments in any subsequent final rule based on the
proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 28, 2017. Filing a petition for
reconsideration by the Administrator of this direct final rule does not
affect the finality of this action for the purposes of judicial review
nor does it extend the time within which a petition for judicial review
may be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Sulfur dioxide, Reporting and
recordkeeping requirements.
Dated: September 20, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:
PART52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In Sec. 52.820, the table in paragraph (e) is amended by adding the
entry ``(48) Sections 110(a)(1) and (2) Infrastructure Requirements
2010 Sulfur Dioxide NAAQS'' in numerical order to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Iowa Nonregulatory Provisions
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Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
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* * * * * * *
(48) Sections 110(a)(1) and (2) Statewide......... 7/23/13 9/29/17, [insert This action addresses
Infrastructure Requirements Federal Register the following CAA
2010 Sulfur Dioxide NAAQS. citation]. elements:
110(a)(2)(A),(B),(C),
(D)(i)(II) prong 3,
and (D)(ii),
(E),(F),(G),(H),(J),(K
),(L), and (M).
110(a)(2)(I) is not
applicable. [EPA-R07-
OAR-2017-0267; FRL-
9968-62-Region 7].
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[FR Doc. 2017-20964 Filed 9-28-17; 8:45 am]
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