82 FR 47147 - Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 195 (October 11, 2017)
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47147-47149 | |
| FR Document | 2017-21806 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Rules and Regulations] [Pages 47147-47149] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21806] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0513; FRL-9969-12-Region 7] Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) revision from the State of Missouri for the 2012 Annual Fine Particulate Matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS) and two state statutes into the SIP to address the requirements relating to conflicts of interest found in section 128 of the Clean Air Act (CAA). Section 110 of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. DATES: This direct final rule will be effective December 11, 2017, without further notice, unless EPA receives adverse comment by November 13, 2017. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2017-0513, to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information [[Page 47148]] whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at [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 the revision as meeting the submittal requirement of section 110(a)(1). EPA is approving elements of the infrastructure SIP submission from the State of Missouri received on October 14, 2015. Specifically, EPA is approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)--prevention of significant deterioration of air quality (prong 3), (D)(ii), (E) through (H), and (J) through (M). EPA intends to act on elements of section 110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 1), interfering with maintenance of the NAAQs (prong 2) and 110(a)(2)(D)(i)(II)--protection of visibility (prong 4) in subsequent rulemakings. EPA is taking no action section 110(a)(2)(I). EPA is also approving the state's request to include Missouri State Statute section 105.483(5) RSMo 2014, and Missouri State Statute section 105.485 RSMo 2014 into the SIP. These two statutes address aspects of the infrastructure requirements relating to conflicts of interest as found in section 128 of the CAA. A Technical Support Document (TSD) is included as part of this docket to discuss the details of this action, including analysis of how the SIP meets the applicable 110 requirements for infrastructure SIPs. II. Have the requirements for approval of a SIP revision been met? The state's submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The state held a public comment period from July 27, 2015, to September 03, 2015. The state received no comments during the public comment period. A public hearing was held on August 27, 2015. The submission satisfied the completeness criteria of 40 CFR part 51, appendix V. As explained in more detail in the TSD, which is part of this docket, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. III. What action is EPA taking? We are publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the ``Proposed Rules'' section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to approve the SIP revision if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We will address all public comments in any subsequent final rule based on the proposed rule. EPA is approving elements of the October 14, 2015, infrastructure SIP submission from the State of Missouri, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2012 Annual PM2.5 NAAQS. As stated above, EPA is approving the revision as meeting the submittal requirement of section 110(a)(1) and approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)--prevention of significant deterioration of air quality (prong 3), (D)(ii), (E) through (H), and (J) through (M). EPA intends to act on elements of section 110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 1), interfering with maintenance of the NAAQs (prong 2) and 110(a)(2)(D)(i)(II)--protection of visibility (prong 4) in subsequent rulemakings. EPA is taking no action section 110(a)(2)(I). Section 110(a)(2)(I) requires that in the case of a plan or plan revision for areas designated as nonattainment areas, states must meet applicable requirements of part D of the CAA, relating to SIP requirements for designated nonattainment areas. EPA does not expect infrastructure SIP submissions to address element (I). The specific SIP submissions for designated nonattainment areas, as required under CAA title I, part D, are subject to different submission schedules than those for section 110 infrastructure elements. EPA will take action on part D attainment plan SIP submissions through a separate rulemaking governed by the requirements for nonattainment areas, as described in part D. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); [[Page 47149]] Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate Matter, Reporting and recordkeeping requirements, Sulfur Dioxides. Dated: September 27, 2017. Cathy Stepp, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA is amending 40 CFR part 52 as set forth below: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart AA--Missouri 0 2. Amend Sec. 52.1320 by adding paragraphs (e)(72) and (73) to read as follows: Sec. 52.1320 Identification of plan. * * * * * (e) * * * EPA-Approved Missouri Nonregulatory SIP Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State EPA approval date Explanation provision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (72) Sections 110 (a)(1) and Statewide........... 10/14/2015 10/11/2017, This action approves 110(a)(2) Infrastructure [Insert Federal the following CAA Requirements for the 2012 Register elements: 110(a)(1) Annual Fine Particulate Matter citation]. and 110(a)(2)(A), (PM2.5) NAAQS. (B), (C), (D)(i)(II)-- prong 3, D((ii), (E), (F), (G), (H), (J), (K), (L), and (M). 110(a)(2)(I) is not applicable. [EPA-R07- OAR-2017-0513; FRL- 9969-12--Region 7.] (73) Missouri State Statute Statewide........... 10/14/2015 10/11/2017, EPA-R07-OAR-2017-0513; section 105.483(5) RSMo 2014, [Insert Federal FRL-9969-12--Region and Missouri State Statute Register 7. section 105.485 RSMo 2014. citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-21806 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47147
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the § 52.223 [Amended]
January 21, 2011); Federal Register. This action is not a ■ 3. Section 52.223 is amended by
• does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. removing and reserving paragraphs
collection burden under the provisions 804(2). (i)(1), (i)(7), (l)(1), and (l)(7).
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean
[FR Doc. 2017–21777 Filed 10–10–17; 8:45 am]
U.S.C. 3501 et seq.); Air Act, petitions for judicial review of
• is certified as not having a this action must be filed in the United BILLING CODE 6560–50–P
significant economic impact on a States Court of Appeals for the
substantial number of small entities appropriate circuit by December 11,
under the Regulatory Flexibility Act (5 2017. Filing a petition for ENVIRONMENTAL PROTECTION
U.S.C. 601 et seq.); reconsideration by the Administrator of AGENCY
• does not contain any unfunded this final rule does not affect the finality 40 CFR Part 52
mandate or significantly or uniquely of this action for the purposes of judicial
affect small governments, as described review nor does it extend the time [EPA–R07–OAR–2017–0513; FRL–9969–12–
in the Unfunded Mandates Reform Act within which a petition for judicial Region 7]
of 1995 (Pub. L. 104–4); review may be filed, and shall not
• does not have Federalism postpone the effectiveness of such rule Approval of Missouri Air Quality
implications as specified in Executive or action. This action may not be Implementation Plans; Infrastructure
Order 13132 (64 FR 43255, August 10, challenged later in proceedings to SIP Requirements for the 2012 Annual
1999); enforce its requirements (see section Fine Particulate Matter (PM2.5) National
• is not an economically significant 307(b)(2)). Ambient Air Quality Standard
regulatory action based on health or AGENCY: Environmental Protection
safety risks subject to Executive Order List of Subjects in 40 CFR Part 52
Agency (EPA).
13045 (62 FR 19885, April 23, 1997); Environmental protection, Air
ACTION: Direct final rule.
• is not a significant regulatory action pollution control, Incorporation by
subject to Executive Order 13211 (66 FR reference, Intergovernmental relations, SUMMARY: The Environmental Protection
28355, May 22, 2001); Ozone, Reporting and recordkeeping Agency (EPA) is approving elements of
• is not subject to requirements of requirements. a State Implementation Plan (SIP)
Section 12(d) of the National Authority: 42 U.S.C. 7401 et seq. revision from the State of Missouri for
Technology Transfer and Advancement the 2012 Annual Fine Particulate Matter
Act of 1995 (15 U.S.C. 272 note) because Dated: September 26, 2017.
Alexis Strauss,
(PM2.5) National Ambient Air Quality
application of those requirements would Standard (NAAQS) and two state
be inconsistent with the Clean Air Act; Acting Regional Administrator, Region IX.
statutes into the SIP to address the
and Part 52, Chapter I, Title 40 of the Code requirements relating to conflicts of
• does not provide the EPA with the of Federal Regulations is amended as interest found in section 128 of the
discretionary authority to address, as follows: Clean Air Act (CAA). Section 110 of the
appropriate, disproportionate human
CAA requires that each state adopt and
health or environmental effects, using PART 52—APPROVAL AND submit a SIP for the implementation,
practicable and legally permissible PROMULGATION OF maintenance, and enforcement of each
methods, under Executive Order 12898 IMPLEMENTATION PLANS new or revised NAAQS promulgated by
(59 FR 7629, February 16, 1994).
■ 1. The authority citation for part 52 EPA. These SIPs are commonly referred
In addition, the SIP is not approved
continues to read as follows: to as ‘‘infrastructure’’ SIPs. The
to apply on any Indian reservation land
infrastructure requirements are designed
or in any other area where the EPA or Authority: 42 U.S.C. 7401 et seq. to ensure that the structural components
an Indian tribe has demonstrated that a
Subpart F—California of each state’s air quality management
tribe has jurisdiction. In those areas of
program are adequate to meet the state’s
Indian country, the rule does not have
■ 2. Section 52.220 is amended by responsibilities under the CAA.
tribal implications and will not impose
substantial direct costs on tribal adding paragraph (c)(496) to read as DATES: This direct final rule will be
governments or preempt tribal law as follows: effective December 11, 2017, without
specified by Executive Order 13175 (65 further notice, unless EPA receives
§ 52.220 Identification of plan-in part.
FR 67249, November 9, 2000). adverse comment by November 13,
* * * * * 2017. If EPA receives adverse comment,
The Congressional Review Act, 5 (c) * * *
U.S.C. 801 et seq., as added by the Small we will publish a timely withdrawal of
(496) The following plan was
Business Regulatory Enforcement the direct final rule in the Federal
submitted on August 24, 2016, by the
Fairness Act of 1996, generally provides Register informing the public that the
Governor’s Designee.
that before a rule may take effect, the (i) [Reserved] rule will not take effect.
agency promulgating the rule must (ii) Additional materials. (A) ADDRESSES: Submit your comments,
submit a rule report, which includes a California Air Resources Board (CARB). identified by Docket ID No. EPA–R07–
copy of the rule, to each House of the (1) CARB Resolution 16–8, dated July OAR–2017–0513, to https://
Congress and to the Comptroller General 21, 2016, adopting the ‘‘2016 Ozone www.regulations.gov. Follow the online
of the United States. The EPA will State Implementation Plan for the San instructions for submitting comments.
submit a report containing this action Once submitted, comments cannot be
ethrower on DSK3G9T082PROD with RULES
Joaquin Valley.’’
and other required information to the (2) ‘‘Staff Report, ARB Review of the edited or removed from Regulations.gov.
U.S. Senate, the U.S. House of San Joaquin Valley 2016 Plan for the EPA may publish any comment received
Representatives, and the Comptroller 2008 8-Hour Ozone Standard,’’ section to its public docket. Do not submit
General of the United States prior to V.H (‘‘Bakersfield Area Monitor’’) and electronically any information you
publication of the rule in the Federal Appendix C (‘‘U.S. EPA Letter consider to be Confidential Business
Register. A major rule cannot take effect Regarding Arvin Site Relocation’’), only. Information (CBI) or other information
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![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47149
• Is not a significant regulatory action country, the rule does not have tribal PART 52—APPROVAL AND
subject to Executive Order 13211 (66 FR implications and will not impose PROMULGATION OF
28355, May 22, 2001); substantial direct costs on tribal IMPLEMENTATION PLANS
• Is not subject to requirements of governments or preempt tribal law as
Section 12(d) of the National specified by Executive Order 13175 (65 ■ 1. The authority citation for part 52
Technology Transfer and Advancement FR 67249, November 9, 2000). continues to read as follows:
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
be inconsistent with the CAA; and Environmental protection, Air
• Does not provide EPA with the pollution control, Incorporation by Subpart AA—Missouri
discretionary authority to address, as reference, Intergovernmental relations,
appropriate, disproportionate human Nitrogen dioxide, Particulate Matter, ■ 2. Amend § 52.1320 by adding
health or environmental effects, using Reporting and recordkeeping paragraphs (e)(72) and (73) to read as
practicable and legally permissible requirements, Sulfur Dioxides. follows:
methods, under Executive Order 12898
Dated: September 27, 2017. § 52.1320 Identification of plan.
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on Cathy Stepp, * * * * *
any Indian reservation land or in any Acting Regional Administrator, Region 7.
(e) * * *
other area where EPA or an Indian tribe For the reasons stated in the
has demonstrated that a tribe has preamble, EPA is amending 40 CFR part
jurisdiction. In those areas of Indian 52 as set forth below:
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable
geographic or State submittal
Name of non-regulatory SIP provision EPA approval date Explanation
nonattainment date
area
* * * * * * *
(72) Sections 110 (a)(1) and 110(a)(2) In- Statewide ....... 10/14/2015 10/11/2017, [Insert This action approves the following CAA
frastructure Requirements for the 2012 Federal Register elements: 110(a)(1) and 110(a)(2)(A),
Annual Fine Particulate Matter (PM2.5) citation]. (B), (C), (D)(i)(II)—prong 3, D((ii), (E),
NAAQS. (F), (G), (H), (J), (K), (L), and (M).
110(a)(2)(I) is not applicable. [EPA–
R07–OAR–2017–0513; FRL–9969–
12—Region 7.]
(73) Missouri State Statute section Statewide ....... 10/14/2015 10/11/2017, [Insert EPA–R07–OAR–2017–0513; FRL–9969–
105.483(5) RSMo 2014, and Missouri Federal Register 12—Region 7.
State Statute section 105.485 RSMo citation].
2014.
[FR Doc. 2017–21806 Filed 10–10–17; 8:45 am] submitted on January 19, 2017, for the copyrighted material, is not placed on
BILLING CODE 6560–50–P coarse particulate matter (PM10) national the Internet and will be publicly
ambient air quality standard (NAAQS) available only in hard copy form.
in the Salt Lake County and Utah Publicly available docket materials are
ENVIRONMENTAL PROTECTION County PM10 nonattainment areas. The available through http://
AGENCY revisions that the EPA is approving are www.regulations.gov, or please contact
located in Utah Division of the person identified in the FOR FURTHER
40 CFR Part 52 Administrative Rule (DAR) R307–110– INFORMATION CONTACT section for
[EPA–R08–OAR–2017–0298; FRL–9969–01– 17 and SIP Subsection IX.H.1–4, and additional availability information.
Region 8] establish emissions limits for PM10, NOX FOR FURTHER INFORMATION CONTACT:
and SO2 for certain stationary sources in James Hou, Air Program, EPA, Region 8,
Approval and Promulgation; State of the nonattainment areas. These actions Mailcode 8P–AR, 1595 Wynkoop Street,
Utah; Salt Lake County and Utah are being taken under section 110 of the Denver, Colorado 80202–1129, (303)
County Nonattainment Area Coarse Clean Air Act (CAA). 312–6210, hou.james@epa.gov.
Particulate Matter State DATES: This final rule is effective on SUPPLEMENTARY INFORMATION:
Implementation Plan Revisions To November 13, 2017.
Control Measures for Point Sources I. Background
ADDRESSES: The EPA has established a
AGENCY: Environmental Protection docket for this action under Docket ID Under the 1990 amendments to the
Agency (EPA). No. EPA–R08–OAR–2017–0298. All CAA, Salt Lake and Utah Counties were
ethrower on DSK3G9T082PROD with RULES
ACTION: Final rule. documents in the docket are listed on designated nonattainment for PM10 and
the http://www.regulations.gov Web classified as moderate areas by
SUMMARY: The Environmental Protection site. Although listed in the index, some operation of law as of November 15,
Agency (EPA) is finalizing approval of information is not publicly available, 1990 (56 FR 56694, 56840; November 6,
certain State Implementation Plan (SIP) e.g., CBI or other information whose 1991). On July 8, 1994, the EPA
revisions submitted by Utah on January disclosure is restricted by statute. approved the PM10 SIP for the Salt Lake
4, 2016, and of certain revisions Certain other material, such as and Utah County Nonattainment Areas
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Document Created: 2018-10-25 10:01:36
Document Modified: 2018-10-25 10:01:36
| 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 December 11, 2017, without further notice, unless EPA receives adverse comment by November 13, 2017. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at casburn[email protected] | |
| FR Citation | 82 FR 47147 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Dioxides |
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