44318 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 

of the change in operating schedule for 

the bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: September 19, 2017. 

Carl T. Hausner, 

District Bridge Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2017–20273 Filed 9–21–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0152; FRL–9967–99– 

Region 3] 

Air Plan Approval; Delaware; 

Infrastructure Requirements for the 

2012 Fine Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

a state implementation plan (SIP) 

revision submittal from the State of 

Delaware pursuant to the Clean Air Act 

(CAA). Whenever new or revised 

national ambient air quality standards 

(NAAQS) are promulgated, the CAA 

requires states to submit a plan for the 

implementation, maintenance, and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including, but not limited to, 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. Delaware 

made a SIP submittal to address the 

infrastructure requirements for the 2012 

fine particulate matter (PM2.5) NAAQS. 

This action approves portions of this 

submittal pursuant to section 110 of the 

CAA. EPA is not taking any action on 

the portion of the submittal that 

addresses interstate transport of 

emissions and intends to take separate 

action later. 

DATES: This final rule is effective on 

October 23, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2017–0152. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Gavin Huang, (215) 814–2042, or by 

email at huang.gavin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 1, 2017 (82 FR 25211), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. In the NPR, EPA proposed 

approval of portions of Delaware’s 

December 14, 2015 SIP revision which 

address for the 2012 PM2.5 NAAQS the 

following infrastructure elements of 

section 110(a)(2) of the CAA: (A), (B), 

(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M). EPA will take separate 

action, at a future date, on the remaining 

portion of the December 14, 2015 SIP 

revision that addresses requirements in 

section 110(a)(2)(D)(i)(I) (interstate 

transport of emissions) for the 2012 

PM2.5 NAAQS. Additionally, the 

proposed rulemaking action did not 

include action on section 110(a)(2)(I) of 

the CAA which pertains to the 

nonattainment planning requirements of 

part D, title I of the CAA, because this 

element is not required to be submitted 

by the 3-year submission deadline of 

section 110(a)(1) of the CAA, and will 

be addressed in a separate process if 

necessary. 

Because the technical support 

document (TSD) was erroneously 

omitted from the docket for this 

rulemaking at the time EPA published 

the NPR on June 1, 2017 (82 FR 25211), 

EPA published a supplemental notice of 

proposed rulemaking (SNPR) extending 

the comment period on June 22, 2017 to 

allow further opportunity for public 

comment on our proposed approval of 

portions of Delaware’s December 14, 

2015 SIP revision addressing 

infrastructure requirements for the 2012 

PM2.5 NAAQS. 82 FR 28432. 

II. Summary of SIP Revision and EPA 

Analysis 

EPA reviewed the December 14, 2015 

SIP submittal from Delaware and 

determined that it addressed for the 

2012 PM2.5 NAAQS the following 

infrastructure elements in section 

110(a)(2): (A), (B), (C), (D)(i)(I), (D)(i)(II), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M) of the CAA. A detailed summary of 

EPA’s review and rationale for 

approving Delaware’s submittal may be 

found in the TSD for this rulemaking 

action, which is available online at 

http://www.regulations.gov, Docket ID 

Number EPA–R03–OAR–2017–0152. 

Although Delaware’s December 14, 

2015 SIP submission also contained 

provisions to address section 

110(a)(2)(D)(i)(I) of the CAA, EPA did 

not propose any action on the portion of 

the submittal pertaining to section 

110(a)(2)(D)(i)(I) regarding the interstate 

transport of emissions. EPA intends to 

take later separate action on this portion 

of Delaware’s submittal. 

Other specific requirements of 

Delaware’s submittal for the 2012 PM2.5

NAAQS infrastructure requirements and 

the rationale for EPA’s proposed action 

are explained in the NPR and will not 

be restated here. EPA received one 

comment which is addressed below. 

III. Public Comment and EPA’s 

Response 

EPA received a comment in response 

to the June 1, 2017 NPR. The commenter 

noted that the TSD was not available 

online and requested a restart of the 

comment period. Additionally, the 

commenter expressed support for EPA 

and concerns about the removal of 

environmental regulations. 

Response: On June 22, 2017, EPA 

made the TSD available online at http:// 

www.regulations.gov, Docket ID Number 

EPA–R03–OAR–2017–0152. In our 

June 22, 2017 SNPR, EPA subsequently 

extended the comment period. 82 FR 

28432. While EPA appreciates the 

supportive comments and expression of 

concern for environmental regulations 

in general, these comments are not 

germane to this rulemaking and do not 

identify any specific actions or 

provisions that EPA should address 

differently. Therefore, EPA does not 

provide further response. 

IV. Final Action 

EPA is approving portions of 

Delaware’s December 14, 2015 SIP 

revision that address the following 

elements of section 110(a)(2) of the CAA 

for the 2012 PM2.5 NAAQS: (A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). Delaware’s SIP revision 

Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 44319 

addressing section 110(a)(2)(A–C), 

(D)(i)(II) and (D)(ii), (E–H), and (J–M) 

provides the basic program elements 

specified in section 110(a)(2) of the CAA 

necessary to implement, maintain, and 

enforce the 2012 PM2.5 NAAQS. EPA 

will take later separate action on the 

portion of the SIP revision addressing 

section 110(a)(2)(D)(i)(I) (interstate 

transport of emissions) for the 2012 

PM2.5 NAAQS. This final rulemaking 

action does not include action on 

section 110(a)(2)(I) of the CAA which 

pertains to the nonattainment planning 

requirements of part D, title I of the 

CAA, because this element is not 

required to be submitted by the 3-year 

submission deadline of section 110(a)(1) 

of the CAA, and will be addressed in a 

separate process if necessary. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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. 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). 

C. Petitions for Judicial Review 

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 21, 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 to 

approve portions of Delaware’s 

December 14, 2015 SIP revision for 

section 110(a)(2) infrastructure 

requirements for the 2012 PM2.5 NAAQS 

may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: September 8, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2012 PM2.5

NAAQS’’ after the entry ‘‘Infrastructure 

element 110(a)(2)(D)(i)(I) related to 

interstate transport.’’ The added text 

reads as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 

2012 PM2.5 NAAQS.

Statewide ............................... 12/14/2015 9/22/2017, [Insert Federal 

Register citation].

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and 

(M). 

44320 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

[FR Doc. 2017–20163 Filed 9–21–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0496; FRL–9967–53– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Reasonably Available Control 

Technology for the 2008 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is conditionally 

approving revisions to the Texas State 

Implementation Plan (SIP) addressing 

Oxides of Nitrogen (NOX) Reasonably 

Available Control Technology (RACT) 

for the Martin Marietta (formerly, Texas 

Industries, Inc., or TXI) cement 

manufacturing plant in Ellis County. We 

are fully approving revisions to the 

Texas SIP addressing NOX RACT for all 

other affected sources in the ten county 

Dallas Fort Worth (DFW) 2008 8-Hour 

ozone nonattainment area. We are also 

approving NOX RACT negative 

declarations (a finding that there are no 

major sources of NOX emissions in 

certain categories) for the DFW 2008 8- 

Hour ozone nonattainment area. The 

DFW 2008 8-Hour ozone nonattainment 

area consists of Collin, Dallas, Denton, 

Ellis, Johnson, Kaufman, Parker, 

Rockwall, Tarrant, and Wise counties. 

The RACT requirements apply to major 

sources of NOX in these ten counties. 

DATES: This rule will be effective on 

October 23, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2015–0496. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air Planning Section (6MM–AA), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar (6MM–AA), telephone (214) 

665–2164, email shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Outline 

I. Background 

II. Public Comments 

III. Response to Comments 

IV. Final Actions 

V. Statutory and Executive Order Reviews 

I. Background 

The background for this action is 

discussed in detail in the July 19, 2017 

(82 FR 33026) proposal. In that 

document, the EPA proposed to 

conditionally approve revisions to the 

Texas SIP that the TCEQ submitted to 

EPA in its Appendix F (a component of 

the 2008 8-Hour DFW ozone 

nonattainment area plan) of the July 10, 

2015 DFW SIP submittal. The July 19, 

2017 Federal Register (FR) action 

proposed to conditionally approve 

revisions to the Texas SIP addressing 

NOX RACT for the Martin Marietta 

(MM) cement manufacturing plant in 

Ellis County. See section 110(k)(4) of the 

Clean Air Act (CAA, Act), and section 

II.F of the Proposal. 

We proposed to fully approve 

revisions to the Texas SIP addressing 

NOX RACT for all other affected sources 

in the ten county DFW 2008 8-Hour 

ozone nonattainment area. See section 

II.B of the Proposal. 

We also proposed to approve NOX

RACT negative declarations for the 

nitric acid and adipic acid 

manufacturing operations within the ten 

County DFW 2008 8-Hour ozone 

nonattainment area. See section II.C of 

the Proposal. 

The Proposal and the Technical 

Support Document (TSD) prepared in 

conjunction with that FR action provide 

detailed description and the rationale 

for the proposed decisions. Please see 

the docket ID No. EPA–R06–OAR– 

2015–0496 for the TSD and other 

documents regarding the Proposal. 

II. Public Comments 

The public comment period for the 

July 19, 2017 (82 FR 33026) proposal 

expired on August 19, 2017, and we 

received relevant comments from 

Holcim, TCEQ, and Ash Grove on the 

proposed actions during this period. 

Our response to relevant comments 

received during public comment period 

is below. 

III. Response to Comments 

Comment #1: Holcim supported 

EPA’s action on the Proposal. 

Response: We appreciate the support. 

Comment #2: TCEQ requested 

clarification on its SIP revision process 

addressing conditional approval for the 

MM cement manufacturing plant 

through a voluntary Agreed Order (AO) 

or rulemaking action. 

Response: State has the option of 

choosing what mechanism, for example; 

a voluntary AO or rulemaking action, to 

use when revising its SIP as long as a 

revision is made in conformance with 

section 110 of the Act and applicable 

State law. No change to our NOX RACT 

determination is made as a result of this 

comment. 

Comment #3: Ash Grove supported 

EPA’s action, stating its NOX limit is 

driven by 40 CFR 60.62 (New Source 

Performance Standards—NSPS). The 

commenter contends that its air permit 

is not a part of a federally enforceable 

SIP submittal. 

Response: We appreciate the support. 

The NOX RACT emission limitation of 

1.5 lb/ton of clinker produced is 

required per 40 CFR 60.62(a) or NSPS 

subpart F that is consistent with limits 

established in Ash Grove’s consent 

decree. We agree with the comment that 

its air permit was not a component of 

TCEQ SIP submittal; however, inclusion 

of air permit in record was intended to 

create a thorough and complete docket. 

No change to our NOX RACT 

determination for this plant is made as 

a result of this comment. 

This concludes our response to 

comments received. Based on our 

evaluation and responses, no changes to 

the Proposed NOX RACT determinations 

have been made. Therefore, we are