82 FR 45497 - Approval of Implementation Plans; State of Iowa; Elements of the Infrastructure SIP Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard (NAAQS)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 188 (September 29, 2017)
Federal Register Volume 82, Issue 188 (September 29, 2017)
| Page Range | 45497-45499 | |
| FR Document | 2017-20964 |
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)] [Rules and Regulations] [Pages 45497-45499] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20964] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State EPA approval date Explanation provision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (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]. ---------------------------------------------------------------------------------------------------------------- [[Page 45499]] [FR Doc. 2017-20964 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 45497
chapter must comply with such DATES: This direct final rule will be significant deterioration of air quality
requirements with regard to emissions effective November 28, 2017, without (prong 3), and (D)(ii), (E) through (H),
occurring in 2015 and 2016. further notice, unless EPA receives and (J) through (M). A Technical
* * * * * adverse comment by October 30, 2017. Support Document (TSD) is included as
■ 6. Section 52.2284 is amended by
If EPA receives adverse comment, we part of the docket to discuss the details
will publish a timely withdrawal of the of this action, including analysis of how
revising paragraph (c)(1) and removing
direct final rule in the Federal Register the SIP meets the applicable 110
and reserving paragraph (c)(2).
informing the public that the rule will requirements for infrastructure SIPs.
The revision reads as follows:
not take effect. II. Have the requirements for approval
§ 52.2284 Interstate pollutant transport ADDRESSES: Submit your comments, of a SIP revision been met?
provisions; What are the FIP requirements identified by Docket ID No. EPA–R07–
for decreases in emissions of sulfur The state submission has met the
OAR–2017–0267, to https://
dioxide? public notice requirements for SIP
www.regulations.gov. Follow the online
* * * * * submissions in accordance with 40 CFR
instructions for submitting comments.
(c)(1) The owner and operator of each 51.102. The state initiated public
Once submitted, comments cannot be
source and each unit located in the State comment from April 6, 2013, to May 8,
edited or removed from Regulations.gov.
of Texas and Indian country within the 2013. One comment was received and
The EPA may publish any comment
borders of the State and for which adequately addressed in the final SIP
received to its public docket. Do not
requirements are set forth under the submission. This submission also
submit electronically any information
CSAPR SO2 Group 2 Trading Program in satisfied the completeness criteria of 40
you consider to be Confidential
subpart DDDDD of part 97 of this CFR part 51, appendix V. In addition, as
Business Information (CBI) or other
chapter must comply with such explained in above preamble and in
information whose disclosure is
requirements with regard to emissions more detail in the TSD which is part of
restricted by statute. Multimedia
occurring in 2015 and 2016. this docket, the revision meets the
submissions (audio, video, etc.) must be
substantive SIP requirements of the
* * * * * accompanied by a written comment.
[FR Doc. 2017–20832 Filed 9–28–17; 8:45 am]
CAA, including section 110 and
The written comment is considered the
implementing regulations.
BILLING CODE 6560–50–P official comment and should include
discussion of all points you wish to III. What action is EPA taking?
make. The EPA will generally not EPA is approving elements of the July
ENVIRONMENTAL PROTECTION consider comments or comment 23, 2013, infrastructure SIP submission
AGENCY contents located outside of the primary from the State of Iowa, which addresses
submission (i.e., on the web, cloud, or the requirements of CAA sections
40 CFR Part 52 other file sharing system). For 110(a)(1) and (2) as applicable to the
additional submission methods, the full 2010 SO2 NAAQS. As stated above, EPA
[EPA–R07–OAR–2017–0267; FRL–9968–62– EPA public comment policy,
Region 7]
is approving the following elements of
information about CBI or multimedia section 110(a)(2): (A),(B),(C),(D)(i)(II)—
submissions, and general guidance on prevent of significant deterioration of air
Approval of Implementation Plans;
making effective comments, please visit quality (prong 3), and (D)(ii), (E) through
State of Iowa; Elements of the
https://www2.epa.gov/dockets/ (H), and (J) through (M). Details of the
Infrastructure SIP Requirements for
commenting-epa-dockets. submission are addressed in the TSD,
the 2010 Sulfur Dioxide National
Ambient Air Quality Standard (NAAQS) FOR FURTHER INFORMATION CONTACT: included as part of the docket, and
Heather Hamilton, Air Planning and discuss this approval action.
AGENCY: Environmental Protection Development Branch, U.S. EPA is not taking action on section
Agency (EPA). Environmental Protection Agency, 110(a)(2)(I). Section 110(a)(2)(I) requires
ACTION: Direct final rule. Region 7, 11201 Renner Boulevard, that in the case of a plan or plan
Lenexa, KS 66219 at (913) 551–7039, or revision for areas designated as
SUMMARY: The Environmental Protection by email at hamilton.heather@epa.gov. nonattainment areas, states must meet
Agency (EPA) is taking direct final SUPPLEMENTARY INFORMATION: applicable requirements of part D of the
action to approve elements of a State Throughout this document ‘‘we,’’ ‘‘us,’’ CAA, relating to SIP requirements for
Implementation Plan (SIP) submission, and ‘‘our’’ refer to EPA. This section designated nonattainment areas. EPA
and an amended SIP submission from provides additional information by does not expect infrastructure SIP
the State of Iowa for the 2010 Sulfur addressing the following: submissions to address element (I). The
Dioxide (SO2) National Ambient Air specific SIP submissions for designated
Quality Standard (NAAQS). I. What is being addressed in this
document? nonattainment areas, as required under
Infrastructure SIPs address the II. Have the requirements for approval of a CAA title I, part D, are subject to
applicable requirements of Clean Air SIP revision been met? different submission schedules than
Act (CAA) section 110, which requires III. What action is EPA taking? those for section 110 infrastructure
that each state adopt and submit a SIP IV. Statutory and Executive Order Reviews elements. EPA will take action on part
for the implementation, maintenance, D attainment plan SIP submissions
and enforcement of each new or revised I. What is being addressed in this
through a separate rulemaking governed
asabaliauskas on DSKBBXCHB2PROD with RULES
NAAQS promulgated by the EPA. These document?
by the requirements for nonattainment
SIPs are commonly referred to as EPA is approving elements of the areas, as described in part D.
‘‘infrastructure’’ SIPs. The infrastructure 2010 SO2 NAAQS infrastructure SIP EPA is not taking action on section
requirements are designed to ensure that submission from the State of Iowa 110(a)(2)(D)(i)(I) prongs 1 and 2, and
the structural components of each received on July 29, 2013. Specifically, section 110(a)(2)(D)(i)(II) prong 4.
state’s air quality management program EPA is approving the following We are publishing this direct final
are adequate to meet the state’s elements of section 110(a)(2): rule without a prior proposed rule
responsibilities under the CAA. (A),(B),(C),(D)(i)(II)—prevent of because we view this as a
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![45498 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
noncontroversial action and anticipate • Does not contain any unfunded the Federal Register. A major rule
no adverse comment. However, in the mandate or significantly or uniquely cannot take effect until 60 days after it
‘‘Proposed Rules’’ section of this issue affect small governments, as described is published in the Federal Register.
of the Federal Register, we are in the Unfunded Mandates Reform Act This action is not a ‘‘major rule’’ as
publishing a separate document that of 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2).
will serve as the proposed rule to • Does not have Federalism Under section 307(b)(1) of the CAA,
approve the SIP revision if adverse implications as specified in Executive petitions for judicial review of this
comments are received on this direct Order 13132 (64 FR 43255, August 10, action must be filed in the United States
final rule. We will not institute a second 1999); Court of Appeals for the appropriate
comment period on this action. Any • Is not an economically significant circuit by November 28, 2017. Filing a
parties interested in commenting must regulatory action based on health or petition for reconsideration by the
do so at this time. For further safety risks subject to Executive Order Administrator of this direct final rule
information about commenting on this 13045 (62 FR 19885, April 23, 1997); does not affect the finality of this action
rule, see the ADDRESSES section of this • Is not a significant regulatory action for the purposes of judicial review nor
document. If EPA receives adverse subject to Executive Order 13211 (66 FR does it extend the time within which a
comment, we will publish a timely 28355, May 22, 2001); petition for judicial review may be filed,
withdrawal in the Federal Register • Is not subject to requirements of and shall not postpone the effectiveness
informing the public that this direct section 12(d) of the National of such rule or action. This action may
final rule will not take effect. We will Technology Transfer and Advancement not be challenged later in proceedings to
address all public comments in any Act of 1995 (15 U.S.C. 272 note) because enforce its requirements. (See section
subsequent final rule based on the application of those requirements would 307(b)(2)).
proposed rule. be inconsistent with the CAA; and
• Does not provide EPA with the List of Subjects in 40 CFR Part 52
IV. Statutory and Executive Order discretionary authority to address, as Environmental protection, Air
Reviews appropriate, disproportionate human pollution control, Incorporation by
Under the CAA, the Administrator is health or environmental effects, using reference, Intergovernmental relations,
required to approve a SIP submission practicable and legally permissible Sulfur dioxide, Reporting and
that complies with the provisions of the methods, under Executive Order 12898 recordkeeping requirements.
Act and applicable Federal regulations. (59 FR 7629, February 16, 1994). Dated: September 20, 2017.
42 U.S.C. 7410(k); 40 CFR 52.02(a). The SIP is not approved to apply on Cathy Stepp,
Thus, in reviewing SIP submissions, any Indian reservation land or in any
Acting Regional Administrator, Region 7.
EPA’s role is to approve state choices, other area where EPA or an Indian tribe
has demonstrated that a tribe has For the reasons stated in the
provided that they meet the criteria of preamble, EPA amends 40 CFR part 52
the CAA. Accordingly, this action jurisdiction. In those areas of Indian
country, the rule does not have tribal as set forth below:
merely approves state law as meeting
Federal requirements and does not implications and will not impose
PART52—APPROVAL AND
impose additional requirements beyond substantial direct costs on tribal
PROMULGATION OF
those imposed by state law. For that governments or preempt tribal law as
IMPLEMENTATION PLANS
reason, this action: specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
• Is not a significant regulatory action ■ 1. The authority citation for part 52
The Congressional Review Act, 5 continues to read as follows:
subject to review by the Office of
U.S.C. 801 et seq., as added by the Small
Management and Budget under Authority: 42 U.S.C. 7401 et seq.
Business Regulatory Enforcement
Executive Orders 12866 (58 FR 51735,
Fairness Act of 1996, generally provides Subpart Q—Iowa
October 4, 1993) and 13563 (76 FR 3821,
that before a rule may take effect, the
January 21, 2011);
agency promulgating the rule must ■ 2. In § 52.820, the table in paragraph
• Does not impose an information submit a rule report, which includes a (e) is amended by adding the entry ‘‘(48)
collection burden under the provisions copy of the rule, to each House of the Sections 110(a)(1) and (2) Infrastructure
of the Paperwork Reduction Act (44 Congress and to the Comptroller General Requirements 2010 Sulfur Dioxide
U.S.C. 3501 et seq.); of the United States. EPA will submit a NAAQS’’ in numerical order to read as
• Is certified as not having a report containing this action and other follows:
significant economic impact on a required information to the U.S. Senate,
substantial number of small entities the U.S. House of Representatives, and § 52.820 Identification of plan.
under the Regulatory Flexibility Act (5 the Comptroller General of the United * * * * *
U.S.C. 601 et seq.); States prior to publication of the rule in (e) * * *
EPA-APPROVED IOWA NONREGULATORY PROVISIONS
Applicable
Name of nonregulatory State
geographic or EPA approval date Explanation
SIP provision submittal date
nonattainment area
asabaliauskas on DSKBBXCHB2PROD with RULES
* * * * * * *
(48) Sections 110(a)(1) Statewide ..................... 7/23/13 9/29/17, [insert Federal This action addresses the following CAA ele-
and (2) Infrastructure Register citation]. ments: 110(a)(2)(A),(B),(C), (D)(i)(II) prong 3,
Requirements 2010 and (D)(ii), (E),(F),(G),(H),(J),(K),(L), and (M).
Sulfur Dioxide NAAQS. 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] I. Background Federal regulations. 42 U.S.C. 7410(k);
BILLING CODE 6560–50–P Under the Regional Haze Rule,1 each 40 CFR 52.02(a). Thus, in reviewing SIP
state was required to submit its first submissions, EPA’s role is to approve
implementation plan addressing state choices, provided that they meet
ENVIRONMENTAL PROTECTION regional haze visibility impairment to the criteria of the Clean Air Act.
AGENCY the EPA no later than December 17, Accordingly, this action merely
2007. See 40 CFR 51.308(b). New York approves state law as meeting Federal
40 CFR Part 52 requirements and does not impose
submitted its regional haze plan on
March 15, 2010. On August 28, 2012, additional requirements beyond those
[EPA–R02–OAR–2015–0498; FRL–9968–64– the EPA approved New York’s regional imposed by state law. For that reason,
Region 2] haze SIP submittal addressing the this action:
requirements of the first implementation • Is not a ‘‘significant regulatory
Approval and Promulgation of action’’ subject to review by the Office
period for regional haze. 77 FR 51915
Implementation Plans; New York; of Management and Budget under
(Aug. 28, 2012).
Regional Haze Five-Year Progress Each state is also required to submit Executive Orders 12866 (58 FR 51735,
Report State Implementation Plan a progress report, in the form of a SIP October 4, 1993) and 13563 (76 FR 3821,
AGENCY: Environmental Protection revision that evaluates progress towards January 21, 2011);
Agency (EPA). the reasonable progress goals (RPGs) for • does not impose an information
each mandatory Class I Federal area collection burden under the provisions
ACTION: Final rule. of the Paperwork Reduction Act (44
within the state and for each mandatory
SUMMARY: The Environmental Protection Class I Federal area outside the state U.S.C. 3501 et seq.);
Agency (EPA) is approving New York’s which may be affected by emissions • is certified as not having a
regional haze progress report, submitted from within the state. See 40 CFR significant economic impact on a
on June 16, 2015, as a revision to its 51.308(g). Each state is also required to substantial number of small entities
State Implementation Plan (SIP). New submit, at the same time as the progress under the Regulatory Flexibility Act (5
York’s SIP revision addresses report, a determination of the adequacy U.S.C. 601 et seq.);
of its existing regional haze SIP. See 40 • does not contain any unfunded
requirements of the Clean Air Act and
CFR 51.308(h). The first progress report mandate or significantly or uniquely
the EPA’s rules that require each state
was due five years after submittal of the affect small governments, as described
to submit periodic reports describing
initial regional haze SIP. in the Unfunded Mandates Reform Act
progress towards reasonable progress
On June 16, 2015, New York of 1995 (Pub. L. 104–4);
goals established for regional haze and • does not have Federalism
a determination of the adequacy of the submitted to the EPA, as a revision to
its SIP, a report on progress made implications as specified in Executive
state’s existing regional haze SIP. The Order 13132 (64 FR 43255, August 10,
EPA is approving New York’s towards the RPGs for Class I areas
outside the State that are affected by 1999);
determination that the State’s regional • is not an economically significant
haze SIP is adequate to meet these emissions from sources within the State.
There are no Class I areas in New York regulatory action based on health or
reasonable progress goals for the first safety risks subject to Executive Order
implementation period which extends State. In its progress report SIP, New
York concludes the elements and 13045 (62 FR 19885, April 23, 1997);
through 2018. • is not a significant regulatory action
strategies relied on in its original
DATES: This rule is effective on October subject to Executive Order 13211 (66 FR
regional haze SIP are sufficient for
30, 2017. neighboring states affected by emissions 28355, May 22, 2001);
ADDRESSES: The EPA has established a from New York to meet all established • is not subject to requirements of
docket for this action under Docket ID RPGs. In a notice of proposed Section 12(d) of the National
No. EPA–R02–OAR–2015–0498. All rulemaking (NPRM) published on Technology Transfer and Advancement
documents in the docket are listed on August 1, 2017 (82 FR 35738), the EPA Act of 1995 (15 U.S.C. 272 note) because
the www.regulations.gov Web site. proposed to approve New York’s application of those requirements would
Although listed in the index, some progress report as satisfying the be inconsistent with the Clean Air Act;
information is not publicly available, requirements of 40 CFR 51.308(g) and and
e.g., confidential business information 51.308(h). No comments were received • does not provide EPA with the
or other information whose disclosure is on the August 1, 2017 proposed discretionary authority to address, as
restricted by statute. Certain other rulemaking. appropriate, disproportionate human
material, such as copyrighted material, health or environmental effects, using
is not placed on the Internet and will be II. Final Action practicable and legally permissible
publicly available only in hard copy EPA is finalizing approval of New methods, under Executive Order 12898
form. Publicly available docket York’s Regional Haze Progress Report (59 FR 7629, February 16, 1994).
materials are available through SIP revision, submitted by New York on In addition, this rule does not have
www.regulations.gov, or please contact June 16, 2015, as meeting the tribal implications as specified by
the person identified in the FOR FURTHER requirements of 40 CFR 51.308(g) and Executive Order 13175 (65 FR 67249,
INFORMATION CONTACT section for 51.308(h). November 9, 2000), because the SIP is
additional availability information. not approved to apply in Indian country
asabaliauskas on DSKBBXCHB2PROD with RULES
III. Statutory and Executive Order located in the state, and EPA notes that
FOR FURTHER INFORMATION CONTACT: Kirk Reviews it will not impose substantial direct
J. Wieber, Air Programs Branch, Under the Clean Air Act, the costs on tribal governments or preempt
Environmental Protection Agency, 290 Administrator is required to approve a tribal law.
Broadway, 25th Floor, New York, New SIP submission that complies with the The Congressional Review Act, 5
York 10278, (212) 637–3381 or provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small
wieber.kirk@epa.gov. Business Regulatory Enforcement
SUPPLEMENTARY INFORMATION: 1 40 CFR part 51, subpart P. Fairness Act of 1996, generally provides
VerDate Sep<11>2014 16:55 Sep 28, 2017 Jkt 241001 PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1](https://thefederalregister.org/doc/82_FR_45685/page/3.svg)
Document Created: 2017-09-29 03:27:26
Document Modified: 2017-09-29 03:27:26
| 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 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 45497 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Sulfur Dioxide and Reporting and Recordkeeping Requirements |
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