43846 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 

Dated: September 14, 2017. 

Anna K. Abram, 

Deputy Commissioner for Policy, Planning, 

Legislation, and Analysis. 

[FR Doc. 2017–20050 Filed 9–19–17; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0208; FRL–9967–93– 

Region 7] 

Approval of Implementation Plans; 

State of Iowa; Elements of the 

Infrastructure SIP Requirements for 

the 2010 Nitrogen Dioxide National 

Ambient Air Quality Standard (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve elements of a State 

Implementation Plan (SIP) submission, 

and an amended SIP submission from 

the State of Iowa for the 2010 Nitrogen 

Dioxide (NO2) National Ambient Air 

Quality Standard (NAAQS). 

Infrastructure SIPs address the 

applicable requirements of Clean Air 

Act (CAA) section 110, which requires 

that each state adopt and submit a SIP 

for the implementation, maintenance, 

and enforcement of each new or revised 

NAAQS promulgated by the 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 November 20, 2017, without 

further notice, unless EPA receives 

adverse comment by October 20, 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–2017–0208, 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. 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/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, KS 66219 at (913) 551–7039, or 

by email at hamilton.heather@epa.gov. 

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 elements of the 

2010 NO2 NAAQS infrastructure SIP 

submission from the State of Iowa 

received on July 29, 2013, and an 

amended SIP submission received on 

March 9, 2017. Specifically, EPA is 

approving the following elements of 

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

significant contribution to 

nonattainment (prong 1), interfering 

with maintenance of the NAAQS (prong 

2) and (D)(i)(II)—prevent of significant 

deterioration of air quality (prong 3), 

and (D)(ii), (E) through (H), and (J) 

through (M). EPA is not acting on the 

elements of section 110(a)(2)(D)(i)(II)— 

protection of visibility (prong 4), and 

110(a)(2)(I). 

A Technical Support Document (TSD) 

is included as part of 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 submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The state initiated public 

comment from April 6, 2013, to May 8, 

2013. One comment was received and 

adequately addressed in the final SIP 

submission. The amended submission 

was placed on public comment January 

12, 2017, to February 15, 2017. No 

comments were received. These 

submissions also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. In addition, as explained 

above and in more detail in the 

technical support document which is 

part of this docket, the revisions meets 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

EPA is approving elements of the July 

23, 2013, (received July 29, 2013) 

infrastructure SIP submission from the 

State of Iowa, which addresses the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2010 NO2

NAAQS. As stated above, EPA is 

approving the following elements of 

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

significant contribution to 

nonattainment (prong 1), interfering 

with maintenance of the NAAQS (prong 

2) and (D)(i)(II)—prevent significant 

deterioration of air quality (prong 3), 

and (D)(ii), (E) through (H), and (J) 

through (M). The March 1, 2017, SIP 

amendment, revised 110(a)(2)(D)(i)(I). 

Details of the submission are addressed 

in the TSD, included as part of the 

docket, to discuss this approval action. 

EPA is not taking action on section 

110(a)(2)(I). 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. 

EPA is not taking action on section 

110(a)(2)(D)(i)(II), prong 4. 

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 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve the SIP 


sradovich on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 43847 

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. 

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). 

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). 

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 20, 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Reporting and 

recordkeeping requirements. 

Dated: September 8, 2017. 

Cathy Stepp, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amending 40 CFR part 

52 as set forth below: 

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 Q—Iowa 

■ 2. Section 52.820(e) is amended by 

adding new entry (47) in numerical 

order at the end of the table to read as 

follows: 

§ 52.820 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS

Name of nonregulatory 

SIP revision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(47) Sections 110(a)(1) 

and (2) Infrastructure 

Requirements 2010 Nitrogen Dioxide NAAQS.

Statewide ........... 7/23/13, 3/1/17 9/20/2017, [Insert Federal Register citation].This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D)(i)(I) prongs 1 and 2, 

D(i)(II) prong 3 only, and D(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 110(a)(2)(I) is not applicable. [EPA–R07–OAR–2017–0208; FRL–9967– 

93–Region 7]. 


sradovich on DSKBBY8HB2PROD with RULES
43848 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 

[FR Doc. 2017–19935 Filed 9–19–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0477; FRL–9967–95– 

Region 7] 

Approval of Nebraska Air Quality 

Implementation Plans; Infrastructure 

SIP Requirements for the 2010 

Nitrogen Dioxide and Sulfur Dioxide 

and the 2012 Fine Particulate Matter 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve elements of a State 

Implementation Plan (SIP) submission 

from the State of Nebraska addressing 

the applicable requirements of Clean Air 

Act (CAA) section 110 for the 2010 

Nitrogen Dioxide (NO2) and Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS), and the 

2012 Fine Particulate Matter (PM2.5) 

NAAQS, which requires that each state 

adopt and submit a SIP to support 

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 November 20, 2017, without 

further notice, unless EPA receives 

adverse comment by October 20, 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–2017–0477 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: Mr. 

Gregory Crable, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7391, or by email at 

crable.gregory@epa.gov. 

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 taking direct final action to 

approve the infrastructure submissions 

as meeting the submittal requirement 

section 110(a)(1). EPA is approving 

elements of the 2010 NO2 and SO2

infrastructure SIP submissions from the 

State of Nebraska received on February 

7, 2013, and August 22, 2013, 

respectively. EPA is also taking action to 

approve the 2012 PM2.5 infrastructure 

submittal received on February 22, 

2016. Specifically, EPA is approving, in 

regard to the 2010 NO2 NAAQS, the 

following elements of section 110(a)(2): 

(A) through (C), (D)(i)(I)—Prongs 1 and 

2, (D)(i)(II)—prong 3, (D)(ii), (E) through 

(H), and (J) through (M). 

In regard to the 2010 SO2 and 2012 

PM2.5 NAAQS, EPA is approving the 

following infrastructure elements of 

110(a)(2): (A) through (C), (D)(i)(II)— 

Prong 3, (D)(ii), (E) through (H), and (J) 

through (M). As discussed in the TSD, 

EPA is not acting, at this time, on 

section 110(a)(2)(D)(i)(I)—prongs 1 and 

2, as it relates to the 2010 SO2 and 2012 

PM2.5 NAAQS. 

In regard to the 2010 NO2 and SO2

and the 2012 PM2.5 infrastructure 

submittals and as explained in the TSD, 

EPA is not acting, at this time, on 

section (D)(i)(II)—prong 4. Finally, EPA 

is not acting on section 110(a)(2)(I) as it 

does not expect infrastructure SIP 

submissions to address element (I). 

As noted, a Technical Support 

Document (TSD) is included as part of 

the docket to discuss the details of this 

action. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submissions have met the 

public notification requirements for SIP 

submissions in accordance with 40 CFR 

51.102. A public comment period was 

held for the NO2 infrastructure SIP from 

December 27, 2012 to January 28, 2013. 

The only comments were from the 

EPA, and the infrastructure SIP 

submission was revised to address the 

comments. A public hearing was held 

on January 28, 2013. 

The state held a public comment 

period for the SO2 infrastructure SIP 

from April 25, 2013, to May 28, 2013. 

NDEQ received comments from the 

Sierra Club on May 28, 2013. The state 

addressed the Sierra Clubs comments 

with no revisions to its proposed SIP. A 

public hearing was held on May 27, 

2013. 

A public comment period was held 

for the PM2.5 infrastructure SIP from 

November 23, 2015, to December 29, 

2015. A public hearing was held on 

December 29, 2015. No comments were 

received. 

All three submissions 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 revisions meet the substantive SIP 

requirements of the CAA, including 

section 110 and implementing 

regulations. 

III. What action is EPA taking? 

EPA is approving the infrastructure 

SIP submissions from Nebraska, which 

address the requirements of CAA 

sections 110(a)(1) and (2) as applicable 

to the 2010 NO2 and SO2 and 2012 PM2.5

NAAQS. As stated in the above 

preamble, EPA is approving elements of 

the state’s submission as meeting 

requirements of section 110(a)(1) for all 

three submittals. 

With regard to the 2010 NO2 NAAQS, 

EPA is approving the following 

infrastructure elements of 110(a)(2): (A) 

through (C), (D)(i)(I)—Prongs 1 and 2, 

(D)(i)(II)—prong 3, (D)(ii), (E) through 

(H), and (J) through (M). As explained 

in the TSD, EPA intends to act on 

section (D)(i)(II)—prong 4, in a 

subsequent rulemaking. 

EPA is approving the following 

infrastructure elements of 110(a)(2) as it 

relates to the 2010 SO2 and the 2012 

PM2.5 NAAQS: (A) through (C), 


sradovich on DSKBBY8HB2PROD with RULES