Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 43307 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa 

citation Title 

State 

effective 

date 

EPA approval date Explanation 

*******

567–27.3 ............ Ordinance or Regulations 3/22/17 9/15/2017, [Insert Federal 

Register citation].

* * * * * * * 

Chapter 28—Ambient Air Quality Standards 

567–28.1 ............ Statewide standards ........ 3/22/17 9/15/2017, [Insert Federal 

Register citation].

* * * * * * * 

Chapter 31—Nonattainment Areas 

*******

567–31.2 ............ Rescinded ........................ 3/22/17 9/15/2017, [Insert Federal 

Register citation].

Rescinded and reserved. 

* * * * * * * 

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant 

Deterioration (PSD) of Air Quality 

567–33.1 ............ Purpose ............................ 3/22/17 9/15/2017, [Insert Federal 

Register citation].

567–33.3 ............ Special Construction Permit Requirements for 

Major Stationary 

Sources in Areas Designated Attainment or 

Unclassified (PSD).

3/22/17 9/15/2017, [Insert Federal 

Register citation].

Provisions of the 2010 PM2.5 PSD—Increments, 

SILs and SMCs rule (October 20, 2010) relating to 

SILs and SMCs that were affected by the January 

22, 2013, U.S. Court of Appeals decision are not 

SIP approved. Iowa’s rule incorporating EPA’s 

2007 revision of the definition of ‘‘chemical processing plants’’ (the ‘‘Ethanol Rule,’’ (May 1, 2007) 

or EPA’s 2008 ‘‘fugitive emissions rule,’’ (December 19, 2008) are not SIP-approved. 

* * * * * * * 

* * * * * 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 3. The authority citation for part 62 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 4. Amend § 62.3913 by adding 

paragraph (e) to read as follows: 

§ 62.3913 Identification of plan. 

* * * * * 

(e) Grammatical revision to the plan 

for the control of air emissions from 

municipal solid waste landfills 

submitted by the Iowa Department of 

Natural Resources, on April 13, 2017. 

The state effective date of the revision 

was March 22, 2017. The effective date 

of the amended plan is November 14, 

2017. 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 5. The authority citation for part 70 

continues to read as follows: 

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

■ 6. Amend appendix A to part 70 by 

adding paragraph (r) under the heading 

‘‘Iowa’’ to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(r) The Iowa Department of Natural 

Resources submitted for program approval 

revisions to rules 567–22.100, 567–22.103, 

567–22.105, and 567–22.108. The state 

effective date is March 22, 2017. This 

revision is effective November 14, 2017. 

* * * * * 

[FR Doc. 2017–19347 Filed 9–14–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2017–0338; FRL–9967–42– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; United States Virgin 

Islands; Other Solid Waste Incineration 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the Clean Air Act 

(CAA) section 111(d)/129 negative 

declaration for the United States Virgin 

Islands, for other solid waste 

incineration units. Other solid waste 

incineration (OSWI) unit. which is 

either a very small municipal waste 

combustion unit or an institutional 

mstockstill on DSK30JT082PROD with RULES

43308 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 

1Section 302(d) of the CAA includes the United 

States Virgin Islands in the definition of the term 

‘‘State.’’ 

waste incineration unit. This negative 

declaration certifies that OSWI units 

subject to sections 111(d) and 129 of the 

CAA do not exist within the jurisdiction 

of the United States Virgin Islands. The 

EPA is accepting the negative 

declaration in accordance with the 

requirements of the CAA. 

DATES: This direct final rule will be 

effective November 14, 2017, without 

further notice, unless the EPA receives 

adverse comment by October 16, 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–R02– 

OAR–2017–0338), to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. 

The EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Linky, Environmental 

Protection Agency, Air Programs 

Branch, 290 Broadway, New York, New 

York 10007–1866 at 212–637–3764 or 

by email at Linky.Edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to the EPA. This section 

provides additional information by 

addressing the following: 

I. Background 

II. Analysis of State Submittal 

III. Statutory and Executive Order Reviews 

I. Background 

The Clean Air Act (CAA) requires that 

state 1 regulatory agencies implement 

the emission guidelines and compliance 

times using a state plan developed 

under sections 111(d) and 129 of the 

CAA. 

The general provisions for the 

submittal and approval of state plans are 

codified in 40 CFR part 60, subpart B 

and 40 CFR part 62, subpart A. Section 

111(d) establishes general requirements 

and procedures on state plan submittals 

for the control of designated pollutants. 

Section 129 requires emission 

guidelines to be promulgated for all 

categories of solid waste incineration 

units, which includes Other Solid Waste 

Incineration (OSWI) units (see 40 CFR 

60–3078). Section 129 mandates that all 

plan requirements be at least as 

protective as the promulgated emission 

guidelines. This includes fixed final 

compliance dates, fixed compliance 

schedules, and Title V permitting 

requirements for all affected sources. 

Section 129 also requires that state 

plans be submitted to EPA within one 

year after EPA’s promulgation of the 

emission guidelines and compliance 

times. 

States have options other than 

submitting a state plan in order to fulfill 

their obligations under CAA sections 

111(d) and 129. If a state does not have 

any existing OSWI units for the relevant 

emission guidelines, a letter can be 

submitted certifying that no such units 

exist within the state (i.e., negative 

declaration) in lieu of a state plan. The 

negative declaration exempts the state 

from the requirements of subpart B that 

would otherwise require the submittal 

of a CAA section 111(d)/129 plan. 

On December 16, 2005 (70 FR 74907), 

the EPA established emission guidelines 

and compliance times for existing OSWI 

units. The emission guidelines and 

compliance times are codified at 40 CFR 

part 60, subpart FFFF. 

In order to fulfill obligations under 

CAA sections 111(d) and 129, the 

Department of Planning and Natural 

Resources of the Government of the 

United States Virgin Islands submitted a 

negative declaration letter to the EPA on 

April 18, 2017. 

The submittal of these declarations 

exempts the United States Virgin 

Islands from the requirement to submit 

a state plan for existing OSWI units. 

II. Analysis of State Submittal 

In this direct final action, the EPA is 

amending part 62 to reflect receipt of 

the negative declaration letter from the 

United States Virgin Islands, certifying 

that there are no existing OSWI units 

subject to 40 CFR part 60, subpart FFFF, 

in accordance with section 111(d) of the 

CAA. 

The EPA is 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 negative declaration 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 the 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. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a 111(d)/129 plan 

submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 40 CFR 62.04. 

Thus, in reviewing 111(d)/129 plan 

submissions, the 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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); 

mstockstill on DSK30JT082PROD with RULES

Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 43309 

• 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 action does not have 

tribal implications as specified by 

Executive Order 13175 because the 

section 111(d)/129 plan is not approved 

to apply in Indian country located in the 

state, and EPA notes will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this section. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 14, 2017. 

Filing a petition for reconsideration 

by the Administrator of this final rule 

does not affect the finality of this action 

for the purposes of judicial review nor 

does it extend the time within which a 

petition for judicial review may be filed 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Other 

Solid Waste Incineration units. 

Dated: August 18, 2017. 

Catherine R. McCabe, 

Acting Regional Administrator, Region 2. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 62 

as set forth below: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

■ 2. Subpart CCC is amended by adding 

an undesignated center heading and 

§ 62.13358 to read as follows: 

Air Emissions From Other Solid Waste 

Incineration (OSWI) Units Constructed 

on or Before December 16, 2005 

§ 62.13358 Identification of plan—negative 

declaration. 

Letter from the Virgin Islands 

Department of Planning and Natural 

Resources submitted April 04, 2017 to 

Acting Regional Administrator 

Catherine R. Mc Cabe, certifying that the 

United States Virgin Islands has no 

existing unites pursuant to 40 CFR 60 

Subpart FFFF, Emissions Guidelines 

and Compliaince Times for Other Solid 

Waste Incineration Units that 

commenced construction on or before 

December 9, 2004. 

[FR Doc. 2017–19706 Filed 9–14–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 312 

[EPA–HQ–OLEM–2016–0786; FRL–9967– 

47–OLEM] 

RIN 2050–AG94 

Amendment to Standards and 

Practices for All Appropriate Inquiries 

Under CERCLA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On June 20, 2017, the U.S. 

Environmental Protection Agency (EPA 

or the agency) took direct final action to 

amend the All Appropriate Inquiries 

Rule to reference ASTM International’s 

E2247–16 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process for Forestland or Rural 

Property’’ and allow for its use to satisfy 

the statutory requirements for 

conducting all appropriate inquiries 

under the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA). The direct 

final rule was scheduled to be effective 

on September 18, 2017, unless EPA 

received adverse written comment. 

Because EPA received adverse 

comment, we are withdrawing the direct 

final rule for the Amendment to 

Standards and Practices for All 

Appropriate Inquiries published on June 

20, 2017. 

DATES: The direct final rule published 

on June 20, 2017 at 82 FR 28009 is 

withdrawn effective September 15, 

2017. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Overmeyer, Office of 

Brownfields and Land Revitalization 

(5105T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460–0002, 202– 

566–2774, or overmeyer.patricia@

epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

withdrawing the direct final rule for the 

Amendment to Standards and Practices 

for All Appropriate Inquiries published 

on June 20, 2017 (82 FR 28009). We 

stated in that direct final rule that if we 

received adverse comment by July 20, 

2017, the direct final rule would not 

take effect and we would publish a 

timely withdrawal in the Federal 

Register. We subsequently received 

adverse comment on that direct final 

rule. We addressed the comments 

received in the final action, which is 

published in the ‘‘Final Rules’’ section 

of this Federal Register. As stated in the 

direct final rule and the parallel 

proposed rule, we will not institute a 

second comment period on the parallel 

proposed rule published on June 20, 

2017 (82 FR 28040). 

List of Subjects in 40 CFR Part 312 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Superfund. 

mstockstill on DSK30JT082PROD with RULES