82 FR 43846 - Approval of Implementation Plans; State of Iowa; Elements of the Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard (NAAQS)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 181 (September 20, 2017)
Federal Register Volume 82, Issue 181 (September 20, 2017)
| Page Range | 43846-43848 | |
| FR Document | 2017-19935 |
[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)] [Rules and Regulations] [Pages 43846-43848] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19935] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0208; FRL-9967-93-Region 7] Approval of Implementation Plans; State of Iowa; Elements of the Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard (NAAQS) AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- 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 Nitrogen Dioxide (NO2 ) 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 20, 2017, without further notice, unless EPA receives adverse comment by October 20, 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-2017-0208, 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. 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 NO2 NAAQS infrastructure SIP submission from the State of Iowa received on July 29, 2013, and an amended SIP submission received on March 9, 2017. Specifically, EPA is approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(I)--significant contribution to nonattainment (prong 1), interfering with maintenance of the NAAQS (prong 2) and (D)(i)(II)--prevent of significant deterioration of air quality (prong 3), and (D)(ii), (E) through (H), and (J) through (M). EPA is not acting on the elements of section 110(a)(2)(D)(i)(II)-- protection of visibility (prong 4), and 110(a)(2)(I). 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 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. The amended submission was placed on public comment January 12, 2017, to February 15, 2017. No comments were received. These submissions also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the technical support document which is part of this docket, the revisions 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, (received July 29, 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 NO2 NAAQS. As stated above, EPA is approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(I)--significant contribution to nonattainment (prong 1), interfering with maintenance of the NAAQS (prong 2) and (D)(i)(II)-- prevent significant deterioration of air quality (prong 3), and (D)(ii), (E) through (H), and (J) through (M). The March 1, 2017, SIP amendment, revised 110(a)(2)(D)(i)(I). Details of the submission are addressed in the TSD, included as part of the docket, to 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)(II), prong 4. 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 [[Page 43847]] 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 20, 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).) 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 8, 2017. Cathy Stepp, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA 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 Q--Iowa 0 2. Section 52.820(e) is amended by adding new entry (47) in numerical order at the end of the table to read as follows: Sec. 52.820 Identification of plan. * * * * * (e) * * * EPA-Approved Iowa Nonregulatory SIP Provisions ---------------------------------------------------------------------------------------------------------------- State Name of nonregulatory SIP Applicable geographic submittal EPA approval Explanation revision or nonattainment area date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (47) Sections 110(a)(1) and Statewide.............. 7/23/13, 3/1/ 9/20/2017, This action addresses (2) Infrastructure 17 [Insert Federal the following CAA Requirements 2010 Nitrogen Register elements: Dioxide NAAQS. citation]. 110(a)(2)(A), (B), (C), (D)(i)(I) prongs 1 and 2, D(i)(II) prong 3 only, and D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 110(a)(2)(I) is not applicable. [EPA- R07-OAR-2017-0208; FRL-9967-93-Region 7]. ---------------------------------------------------------------------------------------------------------------- [[Page 43848]] [FR Doc. 2017-19935 Filed 9-19-17; 8:45 am] BILLING CODE 6560-50-P
![43846 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations
Dated: September 14, 2017. whose disclosure is restricted by statute. comment from April 6, 2013, to May 8,
Anna K. Abram, Multimedia submissions (audio, video, 2013. One comment was received and
Deputy Commissioner for Policy, Planning, etc.) must be accompanied by a written adequately addressed in the final SIP
Legislation, and Analysis. comment. The written comment is submission. The amended submission
[FR Doc. 2017–20050 Filed 9–19–17; 8:45 am] considered the official comment and was placed on public comment January
BILLING CODE 4164–01–P should include discussion of all points 12, 2017, to February 15, 2017. No
you wish to make. The EPA will comments were received. These
generally not consider comments or submissions also satisfied the
ENVIRONMENTAL PROTECTION comment contents located outside of the completeness criteria of 40 CFR part 51,
AGENCY primary submission (i.e. on the web, appendix V. In addition, as explained
cloud, or other file sharing system). For above and in more detail in the
40 CFR Part 52 additional submission methods, the full technical support document which is
EPA public comment policy, part of this docket, the revisions meets
[EPA–R07–OAR–2017–0208; FRL–9967–93– information about CBI or multimedia the substantive SIP requirements of the
Region 7] submissions, and general guidance on CAA, including section 110 and
Approval of Implementation Plans; making effective comments, please visit implementing regulations.
State of Iowa; Elements of the https://www2.epa.gov/dockets/
III. What action is EPA taking?
Infrastructure SIP Requirements for commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: EPA is approving elements of the July
the 2010 Nitrogen Dioxide National 23, 2013, (received July 29, 2013)
Ambient Air Quality Standard (NAAQS) Heather Hamilton, Air Planning and
Development Branch, U.S. infrastructure SIP submission from the
AGENCY: Environmental Protection Environmental Protection Agency, State of Iowa, which addresses the
Agency (EPA). Region 7, 11201 Renner Boulevard, requirements of CAA sections 110(a)(1)
Lenexa, KS 66219 at (913) 551–7039, or and (2) as applicable to the 2010 NO2
ACTION: Direct final rule.
by email at hamilton.heather@epa.gov. NAAQS. As stated above, EPA is
SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION:
approving the following elements of
Agency (EPA) is taking direct final Throughout this document ‘‘we,’’ ‘‘us,’’ section 110(a)(2): (A), (B), (C), (D)(i)(I)—
action to approve elements of a State and ‘‘our’’ refer to EPA. This section significant contribution to
Implementation Plan (SIP) submission, provides additional information by nonattainment (prong 1), interfering
and an amended SIP submission from addressing the following: with maintenance of the NAAQS (prong
the State of Iowa for the 2010 Nitrogen 2) and (D)(i)(II)—prevent significant
I. What is being addressed in this document? deterioration of air quality (prong 3),
Dioxide (NO2) National Ambient Air II. Have the requirements for approval of a
Quality Standard (NAAQS). and (D)(ii), (E) through (H), and (J)
SIP revision been met?
Infrastructure SIPs address the III. What action is EPA taking? through (M). The March 1, 2017, SIP
applicable requirements of Clean Air IV. Statutory and Executive Order Reviews amendment, revised 110(a)(2)(D)(i)(I).
Act (CAA) section 110, which requires Details of the submission are addressed
I. What is being addressed in this in the TSD, included as part of the
that each state adopt and submit a SIP document?
for the implementation, maintenance, docket, to discuss this approval action.
and enforcement of each new or revised EPA is approving elements of the EPA is not taking action on section
NAAQS promulgated by the EPA. These 2010 NO2 NAAQS infrastructure SIP 110(a)(2)(I). Section 110(a)(2)(I) requires
SIPs are commonly referred to as submission from the State of Iowa that in the case of a plan or plan
‘‘infrastructure’’ SIPs. The infrastructure received on July 29, 2013, and an revision for areas designated as
requirements are designed to ensure that amended SIP submission received on nonattainment areas, states must meet
the structural components of each March 9, 2017. Specifically, EPA is applicable requirements of part D of the
state’s air quality management program approving the following elements of CAA, relating to SIP requirements for
are adequate to meet the state’s section 110(a)(2): (A), (B), (C), (D)(i)(I)— designated nonattainment areas. EPA
responsibilities under the CAA. significant contribution to does not expect infrastructure SIP
nonattainment (prong 1), interfering submissions to address element (I). The
DATES: This direct final rule will be specific SIP submissions for designated
with maintenance of the NAAQS (prong
effective November 20, 2017, without nonattainment areas, as required under
2) and (D)(i)(II)—prevent of significant
further notice, unless EPA receives CAA title I, part D, are subject to
deterioration of air quality (prong 3),
adverse comment by October 20, 2017. different submission schedules than
and (D)(ii), (E) through (H), and (J)
If EPA receives adverse comment, we those for section 110 infrastructure
through (M). EPA is not acting on the
will publish a timely withdrawal of the elements. EPA will take action on part
elements of section 110(a)(2)(D)(i)(II)—
direct final rule in the Federal Register D attainment plan SIP submissions
protection of visibility (prong 4), and
informing the public that the rule will through a separate rulemaking governed
110(a)(2)(I).
not take effect. A Technical Support Document (TSD) by the requirements for nonattainment
ADDRESSES: Submit your comments, is included as part of this docket to areas, as described in part D.
identified by Docket ID No. EPA–R07– discuss the details of this action, EPA is not taking action on section
OAR–2017–0208, to https:// including analysis of how the SIP meets 110(a)(2)(D)(i)(II), prong 4.
www.regulations.gov. Follow the online the applicable 110 requirements for We are publishing this direct final
instructions for submitting comments. infrastructure SIPs. rule without a prior proposed rule
sradovich on DSKBBY8HB2PROD with RULES
Once submitted, comments cannot be because we view this as a
edited or removed from Regulations.gov. II. Have the requirements for approval noncontroversial action and anticipate
EPA may publish any comment received of a SIP revision been met? no adverse comment. However, in the
to its public docket. Do not submit The state submission has met the ‘‘Proposed Rules’’ section of this
electronically any information you public notice requirements for SIP Federal Register, we are publishing a
consider to be Confidential Business submissions in accordance with 40 CFR separate document that will serve as the
Information (CBI) or other information 51.102. The state initiated public proposed rule to approve the SIP
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![Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 43847
revision if adverse comments are • Does not have Federalism is published in the Federal Register.
received on this direct final rule. We implications as specified in Executive This action is not a ‘‘major rule’’ as
will not institute a second comment Order 13132 (64 FR 43255, August 10, defined by 5 U.S.C. 804(2).
period on this action. Any parties 1999); Under section 307(b)(1) of the CAA,
interested in commenting must do so at • Is not an economically significant petitions for judicial review of this
this time. For further information about regulatory action based on health or action must be filed in the United States
commenting on this rule, see the safety risks subject to Executive Order Court of Appeals for the appropriate
ADDRESSES section of this document. If 13045 (62 FR 19885, April 23, 1997); circuit by November 20, 2017. Filing a
EPA receives adverse comment, we will • Is not a significant regulatory action petition for reconsideration by the
publish a timely withdrawal in the subject to Executive Order 13211 (66 FR Administrator of this final rule does not
Federal Register informing the public 28355, May 22, 2001); affect the finality of this action for the
that this direct final rule will not take • Is not subject to requirements of purposes of judicial review nor does it
effect. We will address all public Section 12(d) of the National extend the time within which a petition
comments in any subsequent final rule Technology Transfer and Advancement for judicial review may be filed, and
based on the proposed rule. Act of 1995 (15 U.S.C. 272 note) because shall not postpone the effectiveness of
application of those requirements would such rule or action. This action may not
IV. Statutory and Executive Order be inconsistent with the CAA; and be challenged later in proceedings to
Reviews • Does not provide EPA with the
enforce its requirements. (See section
Under the CAA, the Administrator is discretionary authority to address, as
307(b)(2).)
required to approve a SIP submission appropriate, disproportionate human
that complies with the provisions of the health or environmental effects, using List of Subjects in 40 CFR Part 52
Act and applicable Federal regulations. practicable and legally permissible Environmental protection, Air
42 U.S.C. 7410(k); 40 CFR 52.02(a). methods, under Executive Order 12898 pollution control, Incorporation by
Thus, in reviewing SIP submissions, (59 FR 7629, February 16, 1994). reference, Intergovernmental relations,
EPA’s role is to approve state choices, The SIP is not approved to apply on
Nitrogen dioxide, Reporting and
provided that they meet the criteria of any Indian reservation land or in any
recordkeeping requirements.
the CAA. Accordingly, this action other area where EPA or an Indian tribe
has demonstrated that a tribe has Dated: September 8, 2017.
merely approves state law as meeting
Federal requirements and does not jurisdiction. In those areas of Indian Cathy Stepp,
impose additional requirements beyond country, the rule does not have tribal Acting Regional Administrator, Region 7.
those imposed by state law. For that implications and will not impose
For the reasons stated in the
reason, this action: substantial direct costs on tribal
preamble, EPA amending 40 CFR part
• Is not a significant regulatory action governments or preempt tribal law as
52 as set forth below:
subject to review by the Office of specified by Executive Order 13175 (65
Management and Budget under FR 67249, November 9, 2000). PART 52—APPROVAL AND
Executive Orders 12866 (58 FR 51735, The Congressional Review Act, 5 PROMULGATION OF
October 4, 1993) and 13563 (76 FR 3821, U.S.C. 801 et seq., as added by the Small IMPLEMENTATION PLANS
January 21, 2011); Business Regulatory Enforcement
• Does not impose an information Fairness Act of 1996, generally provides ■ 1. The authority citation for part 52
collection burden under the provisions that before a rule may take effect, the continues to read as follows:
of the Paperwork Reduction Act (44 agency promulgating the rule must
Authority: 42 U.S.C. 7401 et seq.
U.S.C. 3501 et seq.); submit a rule report, which includes a
• Is certified as not having a copy of the rule, to each House of the Subpart Q—Iowa
significant economic impact on a Congress and to the Comptroller General
substantial number of small entities of the United States. EPA will submit a ■ 2. Section 52.820(e) is amended by
under the Regulatory Flexibility Act (5 report containing this action and other adding new entry (47) in numerical
U.S.C. 601 et seq.); required information to the U.S. Senate, order at the end of the table to read as
• Does not contain any unfunded the U.S. House of Representatives, and follows:
mandate or significantly or uniquely the Comptroller General of the United
affect small governments, as described States prior to publication of the rule in § 52.820 Identification of plan.
in the Unfunded Mandates Reform Act the Federal Register. A major rule * * * * *
of 1995 (Pub. L. 104–4); cannot take effect until 60 days after it (e) * * *
EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
Applicable State
Name of nonregulatory geographic or submittal EPA approval date Explanation
SIP revision nonattainment date
area
* * * * * * *
(47) Sections 110(a)(1) Statewide ........... 7/23/13, 3/1/17 9/20/2017, [Insert Fed- This action addresses the following CAA elements:
sradovich on DSKBBY8HB2PROD with RULES
and (2) Infrastructure eral Register citation]. 110(a)(2)(A), (B), (C), (D)(i)(I) prongs 1 and 2,
Requirements 2010 Ni- D(i)(II) prong 3 only, and D(ii), (E), (F), (G), (H),
trogen Dioxide NAAQS. (J), (K), (L), and (M). 110(a)(2)(I) is not applica-
ble. [EPA–R07–OAR–2017–0208; FRL–9967–
93–Region 7].
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![43848 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations
[FR Doc. 2017–19935 Filed 9–19–17; 8:45 am] etc.) must be accompanied by a written is not acting on section 110(a)(2)(I) as it
BILLING CODE 6560–50–P comment. The written comment is does not expect infrastructure SIP
considered the official comment and submissions to address element (I).
should include discussion of all points As noted, a Technical Support
ENVIRONMENTAL PROTECTION you wish to make. EPA will generally Document (TSD) is included as part of
AGENCY not consider comments or comment the docket to discuss the details of this
contents located outside of the primary action.
40 CFR Part 52 submission (i.e., on the Web, cloud, or II. Have the requirements for approval
[EPA–R07–OAR–2017–0477; FRL–9967–95– other file sharing system). For of a SIP revision been met?
Region 7] additional submission methods, the full
EPA public comment policy, The state submissions have met the
Approval of Nebraska Air Quality information about CBI or multimedia public notification requirements for SIP
Implementation Plans; Infrastructure submissions, and general guidance on submissions in accordance with 40 CFR
SIP Requirements for the 2010 making effective comments, please visit 51.102. A public comment period was
Nitrogen Dioxide and Sulfur Dioxide https://www2.epa.gov/dockets/ held for the NO2 infrastructure SIP from
and the 2012 Fine Particulate Matter commenting-epa-dockets. December 27, 2012 to January 28, 2013.
National Ambient Air Quality The only comments were from the
FOR FURTHER INFORMATION CONTACT: Mr.
Standards EPA, and the infrastructure SIP
Gregory Crable, Environmental
submission was revised to address the
AGENCY: Environmental Protection Protection Agency, Air Planning and
comments. A public hearing was held
Agency (EPA). Development Branch, 11201 Renner
on January 28, 2013.
ACTION: Direct final rule. Boulevard, Lenexa, Kansas 66219 at The state held a public comment
(913) 551–7391, or by email at period for the SO2 infrastructure SIP
SUMMARY: The Environmental Protection crable.gregory@epa.gov.
Agency (EPA) is taking direct final from April 25, 2013, to May 28, 2013.
SUPPLEMENTARY INFORMATION: NDEQ received comments from the
action to approve elements of a State Throughout this document ‘‘we,’’ ‘‘us,’’
Implementation Plan (SIP) submission Sierra Club on May 28, 2013. The state
and ‘‘our’’ refer to EPA. This section addressed the Sierra Clubs comments
from the State of Nebraska addressing provides additional information by
the applicable requirements of Clean Air with no revisions to its proposed SIP. A
addressing the following: public hearing was held on May 27,
Act (CAA) section 110 for the 2010
Nitrogen Dioxide (NO2) and Sulfur I. What is being addressed in this document? 2013.
Dioxide (SO2) National Ambient Air II. Have the requirements for approval of a A public comment period was held
Quality Standards (NAAQS), and the
SIP revision been met? for the PM2.5 infrastructure SIP from
III. What action is EPA taking? November 23, 2015, to December 29,
2012 Fine Particulate Matter (PM2.5) IV. Statutory and Executive Order Reviews
NAAQS, which requires that each state 2015. A public hearing was held on
adopt and submit a SIP to support I. What is being addressed in this December 29, 2015. No comments were
implementation, maintenance, and document? received.
All three submissions satisfied the
enforcement of each new or revised EPA is taking direct final action to completeness criteria of 40 CFR part 51,
NAAQS promulgated by EPA. These approve the infrastructure submissions appendix V. As explained in more detail
SIPs are commonly referred to as as meeting the submittal requirement in the TSD, which is part of this docket,
‘‘infrastructure’’ SIPs. The infrastructure section 110(a)(1). EPA is approving the revisions meet the substantive SIP
requirements are designed to ensure that elements of the 2010 NO2 and SO2 requirements of the CAA, including
the structural components of each infrastructure SIP submissions from the section 110 and implementing
state’s air quality management program State of Nebraska received on February regulations.
are adequate to meet the state’s 7, 2013, and August 22, 2013,
responsibilities under the CAA. respectively. EPA is also taking action to III. What action is EPA taking?
DATES: This direct final rule will be approve the 2012 PM2.5 infrastructure EPA is approving the infrastructure
effective November 20, 2017, without submittal received on February 22, SIP submissions from Nebraska, which
further notice, unless EPA receives 2016. Specifically, EPA is approving, in address the requirements of CAA
adverse comment by October 20, 2017. regard to the 2010 NO2 NAAQS, the sections 110(a)(1) and (2) as applicable
If EPA receives adverse comment, we following elements of section 110(a)(2): to the 2010 NO2 and SO2 and 2012 PM2.5
will publish a timely withdrawal of the (A) through (C), (D)(i)(I)—Prongs 1 and NAAQS. As stated in the above
direct final rule in the Federal Register 2, (D)(i)(II)—prong 3, (D)(ii), (E) through preamble, EPA is approving elements of
informing the public that the rule will (H), and (J) through (M). the state’s submission as meeting
not take effect. In regard to the 2010 SO2 and 2012 requirements of section 110(a)(1) for all
ADDRESSES: Submit your comments, PM2.5 NAAQS, EPA is approving the three submittals.
identified by Docket ID No. EPA–R07– following infrastructure elements of With regard to the 2010 NO2 NAAQS,
OAR–2017–0477 to https:// 110(a)(2): (A) through (C), (D)(i)(II)— EPA is approving the following
www.regulations.gov. Follow the online Prong 3, (D)(ii), (E) through (H), and (J) infrastructure elements of 110(a)(2): (A)
instructions for submitting comments. through (M). As discussed in the TSD, through (C), (D)(i)(I)—Prongs 1 and 2,
Once submitted, comments cannot be EPA is not acting, at this time, on (D)(i)(II)—prong 3, (D)(ii), (E) through
edited or removed from Regulations.gov. section 110(a)(2)(D)(i)(I)—prongs 1 and (H), and (J) through (M). As explained
sradovich on DSKBBY8HB2PROD with RULES
EPA may publish any comment received 2, as it relates to the 2010 SO2 and 2012 in the TSD, EPA intends to act on
to its public docket. Do not submit PM2.5 NAAQS. section (D)(i)(II)—prong 4, in a
electronically any information you In regard to the 2010 NO2 and SO2 subsequent rulemaking.
consider to be Confidential Business and the 2012 PM2.5 infrastructure EPA is approving the following
Information (CBI) or other information submittals and as explained in the TSD, infrastructure elements of 110(a)(2) as it
whose disclosure is restricted by statute. EPA is not acting, at this time, on relates to the 2010 SO2 and the 2012
Multimedia submissions (audio, video, section (D)(i)(II)—prong 4. Finally, EPA PM2.5 NAAQS: (A) through (C),
VerDate Sep<11>2014 17:10 Sep 19, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1](https://thefederalregister.org/doc/82_FR_44027/page/3.svg)
Document Created: 2018-10-24 14:22:34
Document Modified: 2018-10-24 14:22:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective November 20, 2017, without further notice, unless EPA receives adverse comment by October 20, 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. | |
| 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] | |
| FR Citation | 82 FR 43846 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide and Reporting and Recordkeeping Requirements |
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