82 FR 45479 - Approval of Iowa Air Quality Implementation Plans; Elements of the Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 188 (September 29, 2017)
Federal Register Volume 82, Issue 188 (September 29, 2017)
| Page Range | 45479-45481 | |
| FR Document | 2017-20829 |
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)] [Rules and Regulations] [Pages 45479-45481] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20829] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0517; FRL-9968-66-Region 7] Approval of Iowa Air Quality Implementation Plans; Elements of the Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) 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, for the 2012 Annual Fine Particulate Matter (PM2.5 ) 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 is 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-2017-0517, 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: 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 2012 PM2.5 NAAQS infrastructure SIP submission from the State of Iowa, dated December 15, 2015, and received on December 22, 2015. Specifically, EPA is approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)--prevent significant deterioration of air quality (prong 3), (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 held a 30-day comment period, and a public hearing on November 16, 2015. No oral or written comments were received. This submission 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 revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. [[Page 45480]] III. What action is EPA taking? EPA is approving elements of the December 15, 2015, infrastructure SIP submission from the State of Iowa, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2012 PM2.5 NAAQS. As stated above, EPA is approving the following elements of section 110(a)(2): (A), (B), (C), (D), (D)(i)(II)--prevent significant deterioration of air quality (prong 3), (D)(ii), (E) through (H), and (J) through (M). Details of the submission are addressed in a TSD 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)(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 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 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, Particulate matter, 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: 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. Amend Sec. 52.820(e) by adding an entry for ``(49) Sections 110(a)(1) and (2) Infrastructure Requirements 2012 annual PM 2.5 NAAQS'' in numerical order at the end of the table to read as follows: Sec. 52.820 Identification of plan. * * * * * (e) * * * [[Page 45481]] EPA-Approved Iowa Nonregulatory SIP Provisions ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State EPA approval provision or nonattainment area submittal date date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * (49) Sections 110(a)(1) and Statewide.............. 12/15/15 09/29/17 and This action addresses (2) Infrastructure [Insert Federal the following CAA Requirements 2012 annual Register elements: PM2.5 NAAQS. citation]. 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-2017-0517; FRL-XXXX-Region 7.] ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-20829 Filed 9-28-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45479
Requirements’’ at the end of the table to § 52.1070 Identification of plan. (e) * * *
read as follows: * * * * *
State EPA
Name of non-regulatory SIP Additional
Applicable geographic area submittal approval
revision explanation
date date
* * * * * * *
2008 8-Hour Ozone NAAQS The Baltimore Area (includes 5/8/17 9/29/17 [insert Federal Reg-
Nonattainment New Source Anne Arundel, Baltimore, ister citation].
Review Requirements. Carroll, Harford, and How-
ard Counties and the city of
Baltimore), the Philadel-
phia-Wilmington-Atlantic
City Area (includes Cecil
County in Maryland), and
the Washington, DC Area
(includes Calvert, Charles,
Frederick, Montgomery,
and Prince Georges Coun-
ties in Maryland).
[FR Doc. 2017–20834 Filed 9–28–17; 8:45 am] receives adverse comment, we will provides additional information by
BILLING CODE 6560–50–P publish a timely withdrawal of the addressing the following:
direct final rule in the Federal Register I. What is being addressed in this document?
informing the public that the rule will II. Have the requirements for approval of a
ENVIRONMENTAL PROTECTION not take effect. SIP revision been met?
AGENCY ADDRESSES: Submit your comments, III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
40 CFR Part 52 identified by Docket ID No. EPA–R07–
OAR–2017–0517, to https:// I. What is being addressed in this
[EPA–R07–OAR–2017–0517; FRL–9968–66– www.regulations.gov. Follow the online document?
Region 7] instructions for submitting comments.
Once submitted, comments cannot be EPA is approving elements of the
Approval of Iowa Air Quality 2012 PM2.5 NAAQS infrastructure SIP
Implementation Plans; Elements of the edited or removed from Regulations.gov.
EPA may publish any comment received submission from the State of Iowa,
Infrastructure SIP Requirements for dated December 15, 2015, and received
the 2012 Annual Fine Particulate Matter to its public docket. Do not submit
electronically any information you on December 22, 2015. Specifically,
(PM2.5) National Ambient Air Quality EPA is approving the following
Standard (NAAQS) consider to be Confidential Business
Information (CBI) or other information elements of section 110(a)(2): (A), (B),
AGENCY: Environmental Protection whose disclosure is restricted by statute. (C), (D)(i)(II)—prevent significant
Agency (EPA). Multimedia submissions (audio, video, deterioration of air quality (prong 3),
ACTION: Direct final rule. etc.) must be accompanied by a written (D)(ii) (E) through (H), and (J) through
comment. The written comment is (M).
SUMMARY: The Environmental Protection considered the official comment and A Technical Support Document (TSD)
Agency (EPA) is taking direct final should include discussion of all points is included as part of the docket to
action to approve elements of a State you wish to make. EPA will generally discuss the details of this action,
Implementation Plan (SIP) submission, not consider comments or comment including analysis of how the SIP meets
for the 2012 Annual Fine Particulate contents located outside of the primary the applicable 110 requirements for
Matter (PM2.5) National Ambient Air submission (i.e. on the web, cloud, or infrastructure SIPs.
Quality Standard (NAAQS). other file sharing system). For
Infrastructure SIPs address the II. Have the requirements for approval
additional submission methods, the full of a SIP revision been met?
applicable requirements of Clean Air EPA public comment policy,
Act (CAA) section 110, which requires information about CBI or multimedia The state submission has met the
that each state adopt and submit a SIP public notice requirements for SIP
submissions, and general guidance on
for the implementation, maintenance, submissions in accordance with 40 CFR
making effective comments, please visit
and enforcement of each new or revised 51.102. The state held a 30-day
https://www2.epa.gov/dockets/
NAAQS promulgated by the EPA. These comment period, and a public hearing
commenting-epa-dockets.
SIPs are commonly referred to as on November 16, 2015. No oral or
‘‘infrastructure’’ SIPs. The infrastructure FOR FURTHER INFORMATION CONTACT: written comments were received. This
requirements are designed to ensure that Heather Hamilton, Air Planning and submission also satisfied the
asabaliauskas on DSKBBXCHB2PROD with RULES
the structural components of each Development Branch, U.S. completeness criteria of 40 CFR part 51,
state’s air quality management program Environmental Protection Agency, appendix V. In addition, as explained
are adequate to meet the state’s Region 7, 11201 Renner Boulevard, above and in more detail in the
responsibilities under the CAA. Lenexa, KS 66219 at (913) 551–7039, or technical support document which is
DATES: This direct final rule is effective by email at hamilton.heather@epa.gov. part of this docket, the revision meets
November 28, 2017, without further SUPPLEMENTARY INFORMATION: the substantive SIP requirements of the
notice, unless EPA receives adverse Throughout this document ‘‘we,’’ ‘‘us,’’ CAA, including section 110 and
comment by October 30, 2017. If EPA and ‘‘our’’ refer to EPA. This section implementing regulations.
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![Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45481
EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
Applicable State
Name of non-regulatory geographic or submittal EPA approval date Explanation
SIP provision nonattainment date
area
* * * * * * *
(49) Sections 110(a)(1) Statewide ........... 12/15/15 09/29/17 and [Insert Fed- This action addresses the following CAA elements:
and (2) Infrastructure eral Register citation]. 110(a)(2)(A), (B), (C), (D)(i)(II) prong 3, (D)(ii),
Requirements 2012 an- (E), (F), (G), (H), (J), (K), (L), and (M).
nual PM2.5 NAAQS. 110(a)(2)(I) is not applicable. [EPA–R07–OAR–
2017–0517; FRL–XXXX–Region 7.]
[FR Doc. 2017–20829 Filed 9–28–17; 8:45 am] withdrawal of the FIP requirements, No. EPA–HQ–OAR–2016–0598. All
BILLING CODE 6560–50–P sources in Texas do not contribute documents in the docket are listed and
significantly to nonattainment in, or publicly available at http://
interfere with maintenance by, any www.regulations.gov.
ENVIRONMENTAL PROTECTION other state with regard to the 1997
AGENCY national ambient air quality standard FOR FURTHER INFORMATION CONTACT:
(NAAQS) for fine particulate matter Questions about the withdrawal of
40 CFR Part 52 (PM2.5). Accordingly, we are also CSAPR FIP requirements for Texas
[EPA–HQ–OAR–2016–0598; FRL–9968–46– determining that the EPA has no EGUs should be directed to David
OAR] obligation to issue new FIP Lifland, Clean Air Markets Division,
RIN 2060–AT16
requirements for Texas sources to Office of Atmospheric Programs, U.S.
address transported PM2.5 pollution Environmental Protection Agency, MC
Interstate Transport of Fine Particulate under Clean Air Act (CAA) section 6204M, 1200 Pennsylvania Avenue
Matter: Revision of Federal 110(a)(2)(D)(i)(I) with regard to that NW., Washington, DC 20460; telephone
Implementation Plan Requirements for NAAQS. Finally, the EPA is also number: (202) 343–9151; email address:
Texas affirming the continued validity of the lifland.david@epa.gov. Questions about
Agency’s 2012 determination that the sensitivity analysis regarding
AGENCY: Environmental Protection participation in CSAPR meets the
Agency (EPA). CSAPR participation as a BART
Regional Haze Rule’s criteria for an alternative should be directed to
ACTION: Final rule. alternative to the application of source- Melinda Beaver, Office of Air Quality
SUMMARY: The Environmental Protection specific best available retrofit Planning and Standards, U.S.
Agency (EPA) is finalizing withdrawal technology (BART). The EPA has Environmental Protection Agency, 109
of the federal implementation plan (FIP) determined that changes to CSAPR’s
T.W. Alexander Drive, Mail Code C539–
provisions that require affected geographic scope resulting from the
04, Research Triangle Park, NC 27709;
electricity generating units (EGUs) in actions EPA has taken or expects to take
telephone number: (919) 541–1062;
Texas to participate in Phase 2 of the in response to the D.C. Circuit’s remand
do not affect the continued validity of email address: beaver.melinda@epa.gov.
Cross-State Air Pollution Rule (CSAPR)
trading programs for annual emissions participation in CSAPR as a BART SUPPLEMENTARY INFORMATION: Regulated
of sulfur dioxide (SO2) and nitrogen alternative, because the changes in Entities. Entities regulated under CSAPR
oxides (NOX). Withdrawal of the FIP geographic scope would not have are fossil fuel-fired boilers and
requirements is intended to address a adversely affected the results of the air stationary combustion turbines that
decision of the U.S. Court of Appeals for quality modeling analysis upon which serve generators producing electricity
the District of Columbia Circuit (D.C. the EPA based the 2012 determination. for sale, including combined cycle units
Circuit) remanding the CSAPR Phase 2 DATES: This final rule is effective on and units operating as part of systems
SO2 budget for Texas to the EPA for September 29, 2017. that cogenerate electricity and other
reconsideration. With this action, the ADDRESSES: The EPA has established a useful energy output. Regulated
EPA is also determining that, following docket for this action under Docket ID categories and entities include:
Category NAICS * code Examples of potentially regulated industries
Industry .......................... 221112 Fossil fuel-fired electric power generation.
* North American Industry Classification System.
This table is not intended to be CSAPR to a particular entity, consult the B. CSAPR Participation as a BART
asabaliauskas on DSKBBXCHB2PROD with RULES
exhaustive, but rather provides a guide person listed in the FOR FURTHER Alternative
for readers regarding entities likely to be INFORMATION CONTACT section above. III. Withdrawal of CSAPR FIP Requirements
regulated. To determine whether your Related to Texas’ Transport Obligations
facility is affected by this action, you Table of Contents With Regard to the 1997 Annual PM2.5
should carefully examine the I. Overview NAAQS
applicability provisions in 40 CFR II. Background A. Summary
B. Adequacy of Rationale for Finding No
97.404 and 97.704. If you have A. History and Summary of CSAPR
Remaining Transport Obligation
questions regarding the applicability of
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Document Created: 2017-09-29 03:26:39
Document Modified: 2017-09-29 03:26:39
| 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 is 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. | |
| 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 45479 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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