1212 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules 

available financial statements, requested 

tax returns, reports, information 

requested by CVE or VA’s Office of 

Inspector General, or other requested 

information or data within 30 days of 

the date of request. 

(6) Cessation of the participant’s 

business operations. 

(7) Failure by the concern to provide 

an updated VA Form 0877 within 30 

days of any change in ownership, except 

as provided in paragraph 74.3(f)(3) of 

this part. 

(8) Failure to inform CVE of any such 

changed circumstances, as outlined in 

paragraphs (c) and (d) of this section. 

(9) Failure by the concern to obtain 

and keep current any and all required 

permits, licenses, and charters, 

including suspension or revocation of 

any professional license required to 

operate the business. 

(e) The examples of good cause listed 

in paragraph (c) of this section are 

intended to be illustrative only. Other 

grounds for canceling a participant’s 

verified status include any other cause 

of so serious or compelling a nature that 

it affects the present responsibility of 

the participant. 

■ 15. Amend § 74.22 by revising 

paragraphs (a) and (e) to read as follows: 

§ 74.22 What are the procedures for 

cancellation? 

(a) General. When CVE believes that 

a participant’s verified status should be 

cancelled prior to the expiration of its 

eligibility term, CVE will notify the 

participant in writing. The Notice of 

Proposed Cancellation Letter will set 

forth the specific facts and reasons for 

CVE’s findings and will notify the 

participant that it has 30 days from the 

date CVE sent the notice to submit a 

written response to CVE explaining why 

the proposed ground(s) should not 

justify cancellation. 

* * * * * 

(e) Appeals. A participant may file an 

appeal with OHA concerning the Notice 

of Verified Status Cancellation decision 

in accordance with 13 CFR part 134. 

The decision on the appeal shall be 

final. 

■ 16. Revise § 74.25 to read as follows: 

§ 74.25 What types of personally 

identifiable information will VA collect? 

In order to establish owner eligibility, 

VA will collect individual names and 

social security numbers for veterans, 

service-disabled veterans, and surviving 

spouses who represent themselves as 

having ownership interests in a specific 

business seeking to obtain verified 

status. 

■ 17. Revise § 74.26 to read as follows: 

§ 74.26 What types of business 

information will VA collect? 

VA will examine a variety of business 

records. See § 74.12, ‘‘What must a 

concern submit to apply for VIP 

Verification Program?’’ 

■ 18. Revise § 74.27 to read as follows: 

§ 74.27 How will VA store information? 

VA stores records provided to CVE 

fully electronically on the VA’s secure 

servers. CVE personnel will compare 

information provided concerning 

owners against any available records. 

Any records collected in association 

with the VIP verification program will 

be stored and fully secured in 

accordance with all VA records 

management procedures. Any data 

breaches will be addressed in 

accordance with the VA information 

security program. 

(Authority: 38 U.S.C. 501 and 8127) 

■ 19. Revise § 74.28 to read as follows: 

§ 74.28 Who may examine records? 

Personnel from VA, CVE, and its 

agents, including personnel from the 

SBA, may examine records to ascertain 

the ownership and control of the 

applicant or participant. 

(Authority: 38 U.S.C. 5, 13, and 8127) 

■ 20. Revise section 74.29 to read as 

follows: 

§ 74.29 When will VA dispose of records? 

The records, including those 

pertaining to businesses not determined 

to be eligible for the program, will be 

kept intact and in good condition and 

retained in accordance with VA records 

management procedures following a 

program examination or the date of the 

last Notice of Verified Status Approval 

letter. Longer retention will not be 

required unless a written request is 

received from the Government 

Accountability Office not later than 30 

days prior to the end of the retention 

period. 

[FR Doc. 2017–27715 Filed 1–9–18; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0255; FRL–9972–79– 

Region 9] 

Air Plan Approval; Arizona; Stationary 

Sources; New Source Review; 

Ammonia 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Supplemental proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is supplementing its prior 

proposed approval of regulatory 

revisions to the Arizona Department of 

Environmental Quality (ADEQ) portion 

of the applicable Clean Air Act (CAA or 

Act) state implementation plan (SIP) for 

the State of Arizona. This supplemental 

proposal is primarily intended to make 

corrections to ADEQ’s SIP-approved 

rules for the issuance of CAA New 

Source Review (NSR) permits for 

stationary sources, with a focus on 

preconstruction permit requirements 

under the Act for major stationary 

sources and major modifications of such 

sources. It proposes conditional 

approval of ADEQ’s NSR submittal 

specifically with respect to the CAA 

requirements related to ammonia as a 

precursor to PM2.5 under the NA–NSR 

program requirements in CAA section 

189(e). We are seeking comment on our 

proposed action and plan to follow with 

a final action. 

DATES: Any comments must arrive by 

February 9, 2018. 

ADDRESSES: Submit comments, 

identified by Docket ID No. EPA–R09– 

OAR–2017–0255, at https://

www.regulations.gov, or via email to 

R9airpermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 

submission, 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Beckham, EPA Region 9, (415) 972– 

3811, beckham.lisa@epa.gov. 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules 1213 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. Which rules did the State submit? 

B. Are there previous versions of the rules 

in the Arizona SIP? 

C. What is the purpose of the EPA’s 

supplemental proposal? 

II. The EPA’s Evaluation 

A. How is the EPA evaluating the State’s 

rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Do the rules meet the evaluation criteria 

under Sections 110(l) and 193 of the 

Clean Air Act? 

III. Public Comment and Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

Definitions 

For this notice, we are giving meaning 

to certain words or initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The initials ADEQ mean or refer 

to the Arizona Department of 

Environmental Quality. 

(iii) The initials CFR mean or refer to 

Code of Federal Regulations. 

(iv) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(v) The initials FIP mean or refer to 

Federal Implementation Plan. 

(vi) The initials NAAQS mean or refer 

to National Ambient Air Quality 

Standards. 

(vii) The initials NA–NSR mean or 

refer to Nonattainment New Source 

Review. 

(viii) The initials NOX mean nitrogen 

oxides. 

(ix) The initials NSR mean or refer to 

New Source Review. 

(x) The initials PM2.5 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than or equal to 2.5 

micrometers (fine particulate matter). 

(xi) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(xii) The initials SIP mean or refer to 

State Implementation Plan. 

(xiii) The words State or Arizona 

mean the State of Arizona, unless the 

context indicates otherwise. 

(xiv) The initials SO2 mean sulfur 

dioxide. 

(xv) The initials TSD mean or refer to 

a technical support document. 

(xvi) The initials VOC means volatile 

organic compounds. 

I. The State’s Submittals 

A. Which rules did the State submit? 

On April 28, 2017, ADEQ submitted 

regulatory revisions for the ADEQ 

portion of the Arizona SIP to the EPA. 

This SIP revision submittal, which is 

the subject of this supplemental 

proposal and is referred to herein as the 

‘‘April 2017 NSR submittal,’’ contains 

revisions to ADEQ’s rules governing 

preconstruction review and related 

permitting program requirements. These 

rule revisions are intended to correct 

deficiencies in ADEQ’s SIP-approved 

NSR program related to the 

requirements under both part C 

(prevention of significant deterioration 

or PSD) and part D (nonattainment new 

source review or NA–NSR) of title I of 

the Act, which apply to major stationary 

sources and major modifications of such 

sources. The preconstruction review 

and permitting programs are often 

collectively referred to as New Source 

Review or NSR. On June 1, 2017, we 

proposed approval of these revisions 

into the Arizona SIP. These revisions 

are necessary to correct several 

deficiencies we identified in a 2015 rule 

action to update ADEQ’s SIP-approved 

NSR program as well as certain 

deficiencies with ADEQ’s NSR program 

that were the focus of a 2016 EPA rule 

action related to PM2.5 precursors under 

the NA–NSR program requirements in 

CAA section 189(e) (referred to 

hereinafter as our ‘‘2016 PM2.5 precursor 

action’’). See 82 FR 25213 (June 1, 

2017); see also 80 FR 67319 (Nov. 2, 

2015) and 81 FR 40525 (June 22, 2016). 

For a detailed description of the rules in 

the April 2017 NSR submittal, please 

refer to Section I.A of our June 1, 2017 

proposed rule (82 FR 25214). 

B. Are there previous versions of the 

rules in the Arizona SIP? 

As part of our June 1, 2017 proposed 

action on the April 2017 NSR submittal, 

we identified a number of rules in the 

Arizona SIP that would be superseded 

or removed from the Arizona SIP if the 

action were finalized as proposed; these 

rules would generally be replaced by the 

ADEQ rules proposed for approval. 

Please refer to Section I.B of our June 1, 

2017 proposed rule for a detailed list of 

these rules (82 FR 25215). This 

supplemental proposal action does not 

modify the particular ADEQ rules that 

we are proposing to approve into, or 

remove from, the Arizona SIP in our 

action on the April 2017 NSR submittal. 

C. What is the purpose of the EPA’s 

supplemental proposal? 

The purpose of this supplemental 

proposal is to (1) present our evaluation 

of ADEQ’s April 2017 NSR submittal as 

it relates to ammonia as a precursor to 

PM2.5 under the nonattainment NSR 

(NA–NSR) program requirements at 

CAA section 189(e) and EPA’s 

implementing regulations; (2) discuss 

our proposed conditional approval 

action related to this issue, including 

the basis for this action; and (3) provide 

notice of and seek public comment on 

our proposed action. 

II. The EPA’s Evaluation 

A. How is the EPA evaluating the State’s 

rules? 

Section II.A of our June 1, 2017 

proposed rule discusses our evaluation 

criteria for the April 2017 NSR 

submittal in detail. See 82 FR 25215. 

Generally, the EPA has reviewed the 

provisions in the April 2017 NSR 

submittal for compliance with the 

CAA’s general requirements for SIPs in 

CAA section 110(a)(2), the EPA’s 

regulations for stationary source 

permitting programs in 40 CFR part 51, 

subpart I, and the CAA requirements for 

SIP revisions in CAA section 110(l) and 

193. 

For this supplemental proposal, our 

review focuses on one issue addressed 

in our 2016 PM2.5 precursor action (81 

FR 40525), which finalized a limited 

disapproval action for ADEQ’s NA–NSR 

program specifically based on our 

finding that ADEQ’s program did not 

fully address fine particulate matter 

(PM2.5) precursors as required by section 

189(e) of the Act for the Nogales and 

West Central Pinal PM2.5 nonattainment 

areas. This action triggered an obligation 

on the EPA to promulgate a Federal 

Implementation Plan (FIP) to address 

this deficiency unless the State of 

Arizona corrects the deficiency, and the 

EPA approves the related plan revisions, 

within two years of the final action. In 

addition, to avoid sanctions under 

section 179 of the Act, ADEQ has 18 

months from the July 22, 2016 effective 

date of our 2016 PM2.5 precursor action 

to correct the deficiency as it relates to 

part D of title I of the Act. 

B. Do the rules meet the evaluation 

criteria? 

In this action, we are supplementing 

our prior proposal only as it relates to 

specific deficiencies with ADEQ’s NA– 

NSR rules identified in our 2016 PM2.5

precursor action concerning ammonia as 

a precursor to PM2.5. As part of our 

review of the April 2017 NSR submittal 

culminating in our June 1, 2017 

proposed rule, we considered whether 

the ADEQ rule revisions in the April 

2017 NSR submittal met the applicable 

requirements under section 189(e) of the 

Act and the associated regulatory 

provisions for PM2.5 for the Nogales and 

West Central Pinal PM2.5 nonattainment 

areas that were identified as deficiencies 

in our 2016 PM2.5 precursor action. 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
1214 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules 

1We also note that it is our understanding that 

there are currently no major stationary sources of 

ammonia under ADEQ’s jurisdiction, nor are there 

any NSR permit applications currently under 

review by ADEQ for a proposed major stationary 

source of ammonia. While ADEQ’s NA–NSR 

program currently does not define the level that is 

considered ‘‘significant’’ for ammonia as a 

precursor to PM2.5, the federal NA–NSR regulations 

at 40 CFR 51.165(a)(1)(x)(F) require this definition 

to potentially apply only to major sources of 

ammonia that may undertake modifications. 

Because there are no existing or currently proposed 

major sources of ammonia under ADEQ’s 

jurisdiction, there are no sources that could 

potentially trigger the application of any such 

‘‘significant’’ threshold for ammonia in the near 

future in the PM2.5 nonattainment areas under 

ADEQ’s jurisdiction. 

These deficiencies were related to our 

finding that ADEQ’s NSR program did 

not contain rules regulating volatile 

organic compounds (VOCs) or ammonia 

as PM2.5 precursors under the NA–NSR 

program as required by CAA section 

189(e), nor did the ADEQ NSR SIP 

submittal under consideration at that 

time include a showing that the 

regulation of VOCs and ammonia was 

not necessary under section 189(e) of 

the Act. See 81 FR 40526. 

As discussed in the May 2017 

Technical Support Document (TSD) 

supporting our June 1, 2017 proposed 

rule action on the April 2017 NSR 

submittal, on August 24, 2016, the EPA 

finalized regulatory requirements for 

SIPs related to the 2012 PM2.5 National 

Ambient Air Quality Standards 

(NAAQS), which became effective on 

October 24, 2016 (PM2.5 Implementation 

Rule). 81 FR 58010. The PM2.5

Implementation Rule includes 

provisions that address the permitting 

requirements for PM2.5 precursors for 

major stationary sources in PM2.5

nonattainment areas under section 

189(e) of the Act. The EPA’s NA–NSR 

regulations as amended by the PM2.5

Implementation Rule provide that PM2.5

precursors in PM2.5 nonattainment areas 

include nitrogen oxides (NOX), VOCs, 

sulfur dioxide (SO2) and ammonia. See 

40 CFR 51.165(a)(1)(xxxvii)(C)(2). Our 

NA–NSR regulations further provide 

that SIPs must require that the control 

requirements of 40 CFR 51.165 

applicable to major stationary sources 

and major modifications of PM2.5 also 

apply to major stationary sources and 

major modifications of PM2.5 precursors 

in a PM2.5 nonattainment area, except 

that a reviewing authority may exempt 

new major stationary sources and major 

modifications of a particular precursor 

from the requirements of 40 CFR 51.165 

for PM2.5 if the NA–NSR precursor 

demonstration submitted to and 

approved by the EPA Administrator 

shows that such sources do not 

contribute significantly to PM2.5 levels 

that exceed the standard in the area. See 

40 CFR 51.165(a)(13). 

With respect to the April 2017 NSR 

submittal, in our evaluation that 

culminated in our June 1, 2017 

proposed approval action, we found that 

ADEQ had submitted an updated NA– 

NSR program that included the 

permitting requirements for PM2.5

precursors necessary to satisfy the 

requirements of CAA section 189(e) and 

the PM2.5 Implementation Rule, except 

for a particular requirement pertaining 

to ammonia as a precursor to PM2.5. See 

80 FR at 25219; May 2017 TSD at 21– 

22. Specifically, the NA–NSR 

regulations relating to PM2.5 precursors 

require that, for the purposes of 

applying the requirements of 40 CFR 

51.165(a)(13) to modifications at 

existing major stationary sources of 

ammonia located in a PM2.5

nonattainment area, if the SIP requires 

that the control requirements of 40 CFR 

51.165 apply to major stationary sources 

and major modifications of ammonia as 

a regulated NSR pollutant (as a PM2.5

precursor), the plan shall also define 

‘‘significant’’ for ammonia for that area, 

subject to the approval of the EPA 

Administrator. See 40 CFR 

51.165(a)(1)(x)(F). We found that while 

ADEQ’s updated NA–NSR program, as 

reflected in the April 2017 NSR 

submittal, includes ammonia as a 

precursor to PM2.5 in PM2.5

nonattainment areas (at R18–2– 

101(124)(a)(iv) in the definition of the 

term ‘‘regulated NSR pollutant’’), the 

rules in the April 2017 NSR submittal 

do not define the term ‘‘significant’’ for 

purposes of applying the requirements 

of 40 CFR 51.165(a)(13) to modifications 

at existing major stationary sources of 

ammonia located in a PM2.5

nonattainment area, as required by 40 

CFR 51.165(a)(1)(x)(F). See May 2017 

TSD at 21–22. We noted in our June 1, 

2017 proposal that ADEQ intended to 

address this deficiency in a separate SIP 

submittal. See 82 FR 25219. 

To address this remaining deficiency, 

in a letter dated December 6, 2017, 

ADEQ committed to adopt revisions to 

provisions in R18–2–101 and/or make 

other specific demonstrations consistent 

with 40 CFR 51.165(a)(1)(x)(F) and/or 40 

CFR 51.165(a)(13) to satisfy the 

requirements of section 189(e) and the 

PM2.5 Implementation Rule governing 

ammonia as a precursor to PM2.5 under 

the NA–NSR program. See Letter from 

Timothy S. Franquist, Director, Air 

Quality Division, ADEQ to Alexis 

Strauss, Acting Regional Administrator, 

EPA Region 9, dated Dec. 6, 2017. 

ADEQ committed in this letter to take 

certain specific actions, including the 

submittal of the required rule and/or 

demonstration to the EPA by March 31, 

2019, or within one year from the date 

on which the EPA takes final action on 

the April 2017 NSR submittal, 

whichever is earlier. Accordingly, 

pursuant to section 110(k)(4) of the Act, 

the EPA is proposing a conditional 

approval of ADEQ’s NA–NSR program 

solely as it pertains to section 189(e) of 

the Act and the associated regulatory 

requirements for ammonia as a PM2.5

precursor. We are proposing to 

conditionally approve the April 2017 

NSR submittal with respect to this issue 

because ADEQ’s 2017 NSR submittal 

largely includes the requirements for 

ammonia as a PM2.5 precursor required 

under section 189(e) of the Act and the 

associated regulatory requirements, and 

ADEQ’s December 6, 2017 commitment 

letter provides adequate assurance that 

the one deficiency concerning ammonia 

as a PM2.5 precursor will be addressed 

in a timely manner, consistent with 

CAA section 110(k)(4).1 We conclude 

that if ADEQ submits the rule revisions 

and/or demonstrations that it has 

committed to submit by the deadline 

that it has committed to meet, then this 

deficiency will be cured. However, if 

ADEQ fails to submit these revisions 

and/or demonstrations within the 

required timeframe, the conditional 

approval will automatically become a 

disapproval for the specific issue of 

whether ADEQ’s NA–NSR program 

meets the requirements of section 189(e) 

of the Act with respect to ammonia as 

a PM2.5 precursor, and the EPA will 

issue a finding of disapproval. The EPA 

is not required to propose the finding of 

disapproval. 

C. Do the rules meet the evaluation 

criteria under Sections 110(l) and 193 of 

the Clean Air Act? 

Please see Section II.G of our June 1, 

2017 proposed rule that discusses our 

determination that the April 2017 NSR 

submittal meets the evaluation criteria 

under Sections 110(l) and 193 of the Act 

and that we can approve the April 2017 

NSR submittal under Sections 110(l) 

and 193 of the Act. See 82 FR 25220. 

This supplemental proposal does not 

change our prior determinations in this 

regard with respect to the April 2017 

NSR submittal. 

III. Public Comment and Proposed 

Action 

In conclusion, we have determined 

that the April 2017 NSR submittal, in 

conjunction with the commitment made 

by ADEQ in its December 6, 2017 

commitment letter, adequately 

addresses the remaining deficiency 

related to section 189(e) of the Act and 

the associated regulatory requirements 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules 1215 

for ammonia as a precursor to PM2.5 in 

PM2.5 nonattainment areas. Accordingly, 

as authorized by section 110(k)(4) of the 

Act, the EPA proposes to conditionally 

approve the NA–NSR component of 

ADEQ’s April 2017 NSR submittal 

solely with respect to ammonia as a 

PM2.5 precursor. While we cannot grant 

full approval of the submittal at this 

time with respect to this issue, ADEQ 

has satisfactorily committed to address 

this deficiency by providing the EPA 

with a SIP submittal by March 31, 2019, 

or within one year from the date on 

which the EPA takes final action on the 

April 2017 NSR submittal, whichever is 

earlier. 

As noted previously, on June 1, 2017, 

we proposed full approval of all other 

aspects of ADEQ’s April 2017 NSR 

submittal, including but not limited to 

revisions to ADEQ’s NA–NSR program 

and the regulation of PM2.5 precursors 

other than ammonia in accordance with 

section 189(e) of the Act. Today’s action 

does not modify the findings we made 

in that proposed action, and through 

this supplemental proposal, we are not 

reopening or otherwise seeking public 

comment on any other issues or findings 

in that June 1, 2017 proposed action. 

We will accept comments from the 

public on this supplemental proposal 

until February 9, 2018. 

IV. Incorporation by Reference 

This action supplements our prior 

proposed rule where the EPA has 

proposed to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. This action 

does not propose additional material for 

incorporation by reference. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the EPA 

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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Act. 

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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 3, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 Clean Air Act; 

and 

• Does not provide the 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). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where the 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, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 20, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2018–00036 Filed 1–9–18; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WT Docket No. 17–79; FCC 17–165] 

Comment Sought on Draft Program 

Comment for the FCC’s Review of 

Collocations on Certain Towers 

Constructed Without Documentation of 

Section 106 Review 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) seeks comment on a draft 

Program Comment that would exclude 

from historic preservation review the 

collocation of wireless communications 

facilities on towers that either did not 

complete such review or cannot be 

documented to have completed such 

review. 

DATES: Comments are due on February 

9, 2018; reply comments are due on 

February 26, 2018. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 17–79, by 

any of the following methods: 

• Federal Communications 

Commission’s website: http://

apps.fcc.gov/ecfs//. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 888– 

835–5322. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

further information on this proceeding, 

contact Daniel J. Margolis, Competition 

and Infrastructure Policy Division, 

Wireless Telecommunications Bureau, 

at daniel.margolis@fcc.gov or (202) 418– 

1377. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, FCC 17–165, adopted and 

released on December 14, 2017. The full 

text of this document is available for 


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