37396 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Proposed Rules 

110(a)(2)(D)(i)(I) with respect to the 

1997 Annual PM2.5 NAAQS and/or 

should EPA not be able to finalize a full 

approval action, EPA will undertake 

further reconsideration of the FIP 

pursuant to the judicial remand. The 

Agency has made the preliminary 

determination that these proposed 

actions are consistent with the CAA and 

EPA’s regulations for approval of a 

CSAPR full SIP revision replacing the 

requirements of a CSAPR FIP. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submittal that 

complies with the provisions of the Act 

and applicable federal regulations. See 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submittals, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

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 proposed 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). 

In addition, this proposed rule for 

South Carolina does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because it does not have 

substantial direct effects on an Indian 

Tribe. The Catawba Indian Nation 

Reservation is located within the state of 

South Carolina. Pursuant to the Catawba 

Indian Claims Settlement Act, S.C. Code 

Ann. 27–16–120, ‘‘all state and local 

environmental laws and regulations 

apply to the [Catawba Indian Nation] 

and Reservation and are fully 

enforceable by all relevant state and 

local agencies and authorities.’’ 

However, the draft rules proposed for 

approval exclude units in Indian 

country from the applicable 

requirements of the draft rules and 

exclude federal trading provisions 

related to EPA’s process for allocating 

and recording allowances from Indian 

country NUSAs. EPA notes this action 

will not impose substantial direct costs 

on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: July 28, 2017. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2017–16902 Filed 8–9–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2014–0407; FRL–9965– 

86-Region 3] 

Delaware: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Delaware has applied to the 

United States Environmental Protection 

Agency (EPA) for final authorization of 

revisions to its hazardous waste 

program under the Resource 

Conservation and Recovery Act (RCRA). 

EPA proposes to grant final 

authorization to Delaware. In the Rules 

and Regulations section of this issue of 

the Federal Register, EPA is authorizing 

the revisions by a direct final rule. We 

have explained the reasons for this 

authorization in the preamble to the 

direct final rule. Unless EPA receives 

written comments that oppose this 

authorization during the comment 

period, the direct final rule will become 

effective on the date it establishes, and 

EPA will not take further action on this 

proposal. 

DATES: Send your written comments by 

September 11, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2014–0407, at http://

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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Evelyn Sorto, U.S. EPA Region III, 

RCRA Waste Branch, Mailcode 3LC32, 

1650 Arch Street, Philadelphia, PA 

19103–2029, Phone Number: (215) 814– 

2123; Email: sorto.evelyn@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

issue of the Federal Register, EPA is 

authorizing the revisions by a direct 

final rule. EPA did not make a proposal 

prior to the direct final rule because we 

believe this action is not controversial 

and do not expect comments that 

oppose it. We have explained the 

reasons for this authorization in the 

preamble of the direct final rule. Unless 

EPA receives adverse written comments 

that oppose this authorization during 

the comment period, the direct final 

mstockstill on DSK30JT082PROD with PROPOSALS

Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Proposed Rules 37397 

rule will become effective on the date it 

establishes, and EPA will not take 

further action on this proposal. If EPA 

receives comments that oppose this 

action, we will withdraw the Direct 

Final Rule, and it will not take effect. 

EPA will then respond to public 

comments in a later final rule based on 

this proposal and after consideration of 

all comments. You may not have 

another opportunity for comment. If you 

want to comment on this action, you 

must do so at this time. For additional 

information, please see the direct final 

rule published in the ‘‘Rules and 

Regulations’’ section of this issue of the 

Federal Register. 

Dated: July 27, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, U.S. EPA 

Region III. 

[FR Doc. 2017–16905 Filed 8–9–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2016–0077; 

4500030113] 

RIN 1018–BB34 

Endangered and Threatened Wildlife 

and Plants; 6-Month Extension of Final 

Determination on the Proposed 

Endangered Status for Texas 

Hornshell (Popenaias popeii) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

6-month extension of the final 

determination of whether to add the 

Texas hornshell (Popenaias popeii), a 

freshwater mussel species from New 

Mexico, Texas, and Mexico, to the List 

of Endangered and Threatened Wildlife. 

We are also reopening the comment 

period on the proposed rule to list the 

species, for an additional 30 days. We 

are taking this action to extend the final 

determination based on substantial 

disagreement regarding the status of 

Texas hornshell in Mexico. We will 

submit a final listing determination to 

the Federal Register on or before 

February 10, 2018. 

DATES: The comment period on the 

proposed rule that published August 10, 

2016 (81 FR 52796), is reopened. We 

will accept comments received or 

postmarked on or before September 11, 

2017. If you comment using the Federal 

eRulemaking Portal (see ADDRESSES), 

you must submit your comments by 

11:59 p.m. Eastern Time on the closing 

date. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–R2–ES–2016–0077. You may 

submit a comment by clicking on 

‘‘Comment Now!’’ 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R2–ES–2016– 

0077; U.S. Fish and Wildlife Service 

Headquarters, MS: BPHC, 5275 Leesburg 

Pike, Falls Church, VA 22041–3803. 

FOR FURTHER INFORMATION CONTACT: 

Chuck Ardizzone, U.S. Fish and 

Wildlife Service, Texas Coastal 

Ecological Services Field Office, 17629 

El Camino Real #211, Houston, TX 

77058; on the Internet at https://

www.fws.gov/southwest/es/ 

TexasCoastal/; by telephone 281–286– 

8282; or by facsimile 281–488–5882. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 10, 2016, we published a 

proposed rule (81 FR 52796) to list the 

Texas hornshell as an endangered 

species under the Endangered Species 

Act of 1973, as amended (Act; 16 U.S.C. 

1531 et seq.). The List of Endangered 

and Threatened Wildlife under the Act 

is located in title 50 of the Code of 

Federal Regulations at 50 CFR 17.11(h). 

The publication of this proposed rule 

complied with a deadline established in 

a court-approved settlement agreement 

(Endangered Species Act Section 4 

Deadline Litigation, No. 10–377 (EGS), 

MDL Docket No. 2165 (D.D.C. May 10, 

2011)). That proposal had a 60-day 

comment period, ending October 11, 

2016. We reopened the comment period 

for 30 days on May 30, 2017 (82 FR 

24654), in order to hold two public 

hearings on the proposed rule. For a 

description of previous Federal actions 

concerning the Texas hornshell, please 

refer to the August 10, 2016, proposed 

listing rule (81 FR 52796). 

We also solicited and received 

independent scientific review of the 

information contained in the proposed 

rule from peer reviewers with expertise 

in Texas hornshell or similar species 

ecology and identified threats to the 

species, in accordance with our July 1, 

1994, peer review policy (59 FR 34270). 

Section 4(b)(6) of the Act and its 

implementing regulations at 50 CFR 

424.17(a) require that we take one of 

three actions within 1 year of a 

proposed listing: (1) Finalize the 

proposed rule; (2) withdraw the 

proposed rule; or (3) extend the final 

determination by not more than 6 

months, if there is substantial 

disagreement regarding the sufficiency 

or accuracy of the available data 

relevant to the determination. 

Since the publication of the proposed 

rule, there has been substantial 

disagreement regarding the 

interpretation of the limited surveys that 

exist for Texas hornshell in Mexico. 

This situation has led to a significant 

disagreement regarding the current 

conservation status of the species in 

Mexico. Therefore, in consideration of 

the disagreements surrounding the 

Texas hornshell’s status, we are 

extending the final determination for 6 

months in order to solicit information 

that will help to clarify these issues. 

With this 6-month extension, we will 

make a final determination on the 

proposed rule no later than February 10, 

2018. 

Information Requested 

We will accept written comments and 

information during this reopened 

comment period on our proposed listing 

rule for Texas hornshell that was 

published in the Federal Register on 

August 10, 2016 (81 FR 52796). We will 

consider information and 

recommendations from all interested 

parties. We intend that any final action 

resulting from the proposal be as 

accurate as possible and based on the 

best available scientific and commercial 

data. 

Due to the scientific disagreements 

described above, we are particularly 

interested in new information and 

comments regarding the status of and 

threats to any Texas hornshell 

population in Mexico. 

If you previously submitted 

comments or information on the August 

10, 2016, proposed rule (81 FR 52796), 

please do not resubmit them. We have 

incorporated previously submitted 

comments into the public record, and 

we will fully consider them in the 

preparation of our final determination. 

Our final determination concerning the 

proposed listing will take into 

consideration all written comments and 

any additional information we receive. 

You may submit your comments and 

materials concerning the proposed rule 

by one of the methods listed in 

ADDRESSES. We request that you send 

comments only by the methods 

described in ADDRESSES. 

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