82 FR 47154 - Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 195 (October 11, 2017)
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47154-47155 | |
| FR Document | 2017-21805 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Rules and Regulations] [Pages 47154-47155] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21805] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0268; FRL-9969-10--Region 7] Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide 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 2010 Nitrogen Dioxide (NO2 ) National Ambient Air Quality Standard (NAAQS). 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-2017-0268, 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: 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 April 30, 2013. Specifically, EPA is approving the following elements of section 110(a)(2): (A) Through (H) (except (D)(i)(II)-protection of visibility (prong 4)), and (J) through (M). EPA is not acting on section 110(a)(2)(I) as it does not expect infrastructure SIP submissions to address the element. EPA will act on prong 4 in a separate action. A Technical Support Document (TSD) is included in 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 hearing on March 28, 2013 and a public comment period from February 25, 2013 to April 4, 2013. EPA provided comments to the state on April 3, 2013, and were the only commenters. The state revised its proposed SIP in response to EPA's comments and the revisions were contained in the SIP submitted to EPA on April 30, 2013. 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? EPA is taking direct final action to approve elements of the April 30, 2013, infrastructure SIP submission from the State of Missouri, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2010 NO2 NAAQS. As stated in above preamble, 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) Through (H) (except (D)(i)(II)-protection of visibility (prong 4)), and (J) through (M). EPA is not acting on section 110(a)(2)(I) as it does not expect infrastructure SIP submissions to address the element. EPA will act on prong 4 in a separate action. 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. 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. [[Page 47155]] 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). 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 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 in the table in paragraph (e) by adding an entry for ``(64) Sections 110 (a)(1) and 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide NAAQS'' in numerical order 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 revision nonattainment submittal EPA Approval date Explanation area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (64) Sections 110(a)(1) and Statewide......... 4/30/13 10/11/2017 [Insert This action approves 110(a)(2) Infrastructure Federal Register the following CAA Requirements for the 2010 citation]. elements: 110(a)(1) Nitrogen Dioxide NAAQS. and 110(a)(2)(A), (B), (C), (D)(i)(I), (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-2017-0268; FRL- XXXX--Region 7.] * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-21805 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
![47154 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
[FR Doc. 2017–21778 Filed 10–10–17; 8:45 am] submission (i.e. on the web, cloud, or the revision meets the substantive SIP
BILLING CODE 6560–50–P other file sharing system). For requirements of the CAA, including
additional submission methods, the full section 110 and implementing
EPA public comment policy, regulations.
ENVIRONMENTAL PROTECTION information about CBI or multimedia
AGENCY submissions, and general guidance on III. What action is EPA taking?
making effective comments, please visit EPA is taking direct final action to
40 CFR Part 52 https://www2.epa.gov/dockets/ approve elements of the April 30, 2013,
[EPA–R07–OAR–2017–0268; FRL–9969– commenting-epa-dockets. infrastructure SIP submission from the
10—Region 7] FOR FURTHER INFORMATION CONTACT: State of Missouri, which addresses the
Tracey Casburn, Environmental requirements of CAA sections 110(a)(1)
Approval of Missouri Air Quality Protection Agency, Air Planning and and (2) as applicable to the 2010 NO2
Implementation Plans; Infrastructure Development Branch, 11201 Renner NAAQS. As stated in above preamble,
SIP Requirements for the 2010 Boulevard, Lenexa, Kansas 66219 at EPA is approving the revision as
Nitrogen Dioxide National Ambient Air (913) 551–7016, or by email at meeting the submittal requirement of
Quality Standard casburn.tracey@epa.gov. section 110(a)(1) and approving the
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: following elements of section 110(a)(2):
Agency (EPA). Throughout this document ‘‘we,’’ ‘‘us,’’ (A) Through (H) (except (D)(i)(II)-
ACTION: Direct final rule. and ‘‘our’’ refer to EPA. This section protection of visibility (prong 4)), and (J)
provides additional information by through (M). EPA is not acting on
SUMMARY: The Environmental Protection addressing the following: section 110(a)(2)(I) as it does not expect
Agency (EPA) is approving elements of I. What is being addressed in this document? infrastructure SIP submissions to
a State Implementation Plan (SIP) II. Have the requirements for approval of a address the element. EPA will act on
revision from the State of Missouri for SIP revision been met? prong 4 in a separate action.
the 2010 Nitrogen Dioxide (NO2) III. What action is EPA taking? Section 110(a)(2)(I) requires that in
National Ambient Air Quality Standard IV. Statutory and Executive Order Reviews the case of a plan or plan revision for
(NAAQS). Section 110 of the CAA I. What is being addressed in this areas designated as nonattainment areas,
requires that each state adopt and document? states must meet applicable
submit a SIP for the implementation, requirements of part D of the CAA,
maintenance, and enforcement of each EPA is approving the revision as relating to SIP requirements for
new or revised NAAQS promulgated by meeting the submittal requirement of
designated nonattainment areas. EPA
EPA. These SIPs are commonly referred section 110(a)(1). EPA is approving
does not expect infrastructure SIP
to as ‘‘infrastructure’’ SIPs. The elements of the infrastructure SIP
submissions to address element (I). The
infrastructure requirements are designed submission from the State of Missouri
specific SIP submissions for designated
to ensure that the structural components received on April 30, 2013. Specifically,
nonattainment areas, as required under
of each state’s air quality management EPA is approving the following
CAA title I, part D, are subject to
program are adequate to meet the state’s elements of section 110(a)(2): (A)
different submission schedules than
responsibilities under the CAA. Through (H) (except (D)(i)(II)-protection
those for section 110 infrastructure
of visibility (prong 4)), and (J) through
DATES: This direct final rule will be elements. EPA will take action on part
(M). EPA is not acting on section
effective December 11, 2017, without D attainment plan SIP submissions
110(a)(2)(I) as it does not expect
further notice, unless EPA receives through a separate rulemaking governed
infrastructure SIP submissions to
adverse comment by November 13, address the element. EPA will act on by the requirements for nonattainment
2017. If EPA receives adverse comment, prong 4 in a separate action. A areas, as described in part D.
we will publish a timely withdrawal of Technical Support Document (TSD) is We are publishing this direct final
the direct final rule in the Federal included in this docket to discuss the rule without a prior proposed rule
Register informing the public that the details of this action, including analysis because we view this as a
rule will not take effect. of how the SIP meets the applicable 110 noncontroversial action and anticipate
ADDRESSES: Submit your comments, requirements for infrastructure SIPs. no adverse comment. However, in the
identified by Docket ID No. EPA–R07– ‘‘Proposed Rules’’ section of this issue
OAR–2017–0268, to https:// II. Have the requirements for approval of the Federal Register, we are
www.regulations.gov. Follow the online of a SIP revision been met? publishing a separate document that
instructions for submitting comments. The state’s submission has met the will serve as the proposed rule to
Once submitted, comments cannot be public notice requirements for SIP approve the SIP revision if adverse
edited or removed from Regulations.gov. submissions in accordance with 40 CFR comments are received on this direct
EPA may publish any comment received 51.102. The state held a public hearing final rule. We will not institute a second
to its public docket. Do not submit on March 28, 2013 and a public comment period on this action. Any
electronically any information you comment period from February 25, 2013 parties interested in commenting must
consider to be Confidential Business to April 4, 2013. EPA provided do so at this time. For further
Information (CBI) or other information comments to the state on April 3, 2013, information about commenting on this
whose disclosure is restricted by statute. and were the only commenters. The rule, see the ADDRESSES section of this
Multimedia submissions (audio, video, state revised its proposed SIP in document. If EPA receives adverse
etc.) must be accompanied by a written
ethrower on DSK3G9T082PROD with RULES
response to EPA’s comments and the comment, we will publish a timely
comment. The written comment is revisions were contained in the SIP withdrawal in the Federal Register
considered the official comment and submitted to EPA on April 30, 2013. informing the public that this direct
should include discussion of all points The submission satisfied the final rule will not take effect. We will
you wish to make. EPA will generally completeness criteria of 40 CFR part 51, address all public comments in any
not consider comments or comment appendix V. As explained in more detail subsequent final rule based on the
contents located outside of the primary in the TSD, which is part of this docket, proposed rule.
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![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47155
IV. Statutory and Executive Order • Does not have Federalism List of Subjects in 40 CFR Part 52
Reviews implications as specified in Executive
Order 13132 (64 FR 43255, August 10, Environmental protection, Air
Under the CAA, the Administrator is pollution control, Incorporation by
required to approve a SIP submission 1999);
• Is not an economically significant reference, Intergovernmental relations,
that complies with the provisions of the Nitrogen dioxide, Reporting and
Act and applicable Federal regulations. regulatory action based on health or
safety risks subject to Executive Order recordkeeping requirements.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 13045 (62 FR 19885, April 23, 1997); Dated: September 27, 2017.
EPA’s role is to approve state choices, • Is not a significant regulatory action Cathy Stepp,
provided that they meet the criteria of subject to Executive Order 13211 (66 FR Acting Regional Administrator, Region 7.
the CAA. Accordingly, this action 28355, May 22, 2001);
merely approves state law as meeting • Is not subject to requirements of For the reasons stated in the
Federal requirements and does not Section 12(d) of the National preamble, EPA is amending 40 CFR part
impose additional requirements beyond Technology Transfer and Advancement 52 as set forth below:
those imposed by state law. For that Act of 1995 (15 U.S.C. 272 note) because
reason, this action: PART 52—APPROVAL AND
application of those requirements would
• Is not a significant regulatory action be inconsistent with the CAA; and
PROMULGATION OF
subject to review by the Office of IMPLEMENTATION PLANS
• Does not provide EPA with the
Management and Budget under
discretionary authority to address, as
Executive Orders 12866 (58 FR 51735, ■ 1. The authority citation for part 52
appropriate, disproportionate human
October 4, 1993) and 13563 (76 FR 3821, continues to read as follows:
January 21, 2011); health or environmental effects, using
practicable and legally permissible Authority: 42 U.S.C. 7401 et seq.
• Does not impose an information
collection burden under the provisions methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). Subpart—AA Missouri
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.); The SIP is not approved to apply on
• Is certified as not having a any Indian reservation land or in any ■ 2. Amend § 52.1320 in the table in
significant economic impact on a other area where EPA or an Indian tribe paragraph (e) by adding an entry for
substantial number of small entities has demonstrated that a tribe has ‘‘(64) Sections 110 (a)(1) and 110(a)(2)
under the Regulatory Flexibility Act (5 jurisdiction. In those areas of Indian Infrastructure Requirements for the 2010
U.S.C. 601 et seq.); country, the rule does not have tribal Nitrogen Dioxide NAAQS’’ in numerical
• Does not contain any unfunded implications and will not impose order to read as follows:
mandate or significantly or uniquely substantial direct costs on tribal § 52.1320 Identification of plan.
affect small governments, as described governments or preempt tribal law as
in the Unfunded Mandates Reform Act specified by Executive Order 13175 (65 * * * * *
of 1995 (Pub. L. 104–4); FR 67249, November 9, 2000). (e) * * *
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Applicable State
geographic or EPA Approval
Name of non-regulatory SIP revision submittal Explanation
nonattainment date
date
area
* * * * * * *
(64) Sections 110(a)(1) and 110(a)(2) Statewide ............... 4/30/13 10/11/2017 [Insert This action approves the following CAA
Infrastructure Requirements for the Federal Register elements: 110(a)(1) and 110(a)(2)(A),
2010 Nitrogen Dioxide NAAQS. citation]. (B), (C), (D)(i)(I), (D)(i)(II)-prong 3,
(D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M). 110(a)(2)(I) is not applica-
ble. [EPA–R07–OAR–2017–0268;
FRL–XXXX—Region 7.]
* * * * * * *
[FR Doc. 2017–21805 Filed 10–10–17; 8:45 am] FEDERAL COMMUNICATIONS SUMMARY: In this document, the
BILLING CODE 6560–50–P COMMISSION Commission modifies the Table of
Frequency Allocations (Allocations
47 CFR Part 2 and 27 Table) in of its rules, as well as
[GN Docket No. 12–268: DA 17–887] modifying four of its rules, to conform
them to the results of the broadcast
Expanding the Economic and television incentive auction. This action
ethrower on DSK3G9T082PROD with RULES
Innovation Opportunities of Spectrum ensures that the Commission’s rules
Through Incentive Auctions accurately reflect revisions that
occurred because of that auction.
AGENCY: Federal Communications
DATES: Effective November 13, 2017.
Commission.
FOR FURTHER INFORMATION CONTACT: Tom
ACTION: Final rule.
Mooring, Office of Engineering and
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Document Created: 2018-10-25 10:00:40
Document Modified: 2018-10-25 10:00:40
| 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 [email protected] | |
| FR Citation | 82 FR 47154 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide and Reporting and Recordkeeping Requirements |
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