Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45497 

chapter must comply with such 

requirements with regard to emissions 

occurring in 2015 and 2016. 

* * * * * 

■ 6. Section 52.2284 is amended by 

revising paragraph (c)(1) and removing 

and reserving paragraph (c)(2). 

The revision reads as follows: 

§ 52.2284 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of sulfur 

dioxide? 

* * * * * 

(c)(1) The owner and operator of each 

source and each unit located in the State 

of Texas and Indian country within the 

borders of the State and for which 

requirements are set forth under the 

CSAPR SO2 Group 2 Trading Program in 

subpart DDDDD of part 97 of this 

chapter must comply with such 

requirements with regard to emissions 

occurring in 2015 and 2016. 

* * * * * 

[FR Doc. 2017–20832 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0267; FRL–9968–62– 

Region 7] 

Approval of Implementation Plans; 

State of Iowa; Elements of the 

Infrastructure SIP Requirements for 

the 2010 Sulfur 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 Sulfur 

Dioxide (SO2) 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 28, 2017, without 

further notice, unless EPA receives 

adverse comment by October 30, 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–2017–0267, 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/ 

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 SO2 NAAQS infrastructure SIP 

submission from the State of Iowa 

received on July 29, 2013. Specifically, 

EPA is approving the following 

elements of section 110(a)(2): 

(A),(B),(C),(D)(i)(II)—prevent of 

significant deterioration of air quality 

(prong 3), and (D)(ii), (E) through (H), 

and (J) through (M). A Technical 

Support Document (TSD) is included as 

part of the 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. This submission also 

satisfied the completeness criteria of 40 

CFR part 51, appendix V. In addition, as 

explained in above preamble and in 

more detail in the TSD which is part of 

this docket, the revision 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, 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 SO2 NAAQS. As stated above, EPA 

is approving the following elements of 

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

prevent of significant deterioration of air 

quality (prong 3), and (D)(ii), (E) through 

(H), and (J) through (M). Details of the 

submission are addressed in the TSD, 

included as part of the docket, and 

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)(I) prongs 1 and 2, and 

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 


asabaliauskas on DSKBBXCHB2PROD with RULES
45498 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

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 SIP 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 28, 2017. Filing a 

petition for reconsideration by the 

Administrator of this direct 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, 

Sulfur dioxide, Reporting and 

recordkeeping requirements. 

Dated: September 20, 2017. 

Cathy Stepp, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

PART52—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. In § 52.820, the table in paragraph 

(e) is amended by adding the entry ‘‘(48) 

Sections 110(a)(1) and (2) Infrastructure 

Requirements 2010 Sulfur Dioxide 

NAAQS’’ in numerical order to read as 

follows: 

§ 52.820 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED IOWA NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment area 

State 

submittal date EPA approval date Explanation 

*******

(48) Sections 110(a)(1) 

and (2) Infrastructure 

Requirements 2010 

Sulfur Dioxide NAAQS.

Statewide ..................... 7/23/13 9/29/17, [insert Federal 

Register citation].

This action addresses the following CAA elements: 110(a)(2)(A),(B),(C), (D)(i)(II) prong 3, 

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

110(a)(2)(I) is not applicable. [EPA–R07–OAR– 

2017–0267; FRL–9968–62–Region 7]. 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45499 

1 40 CFR part 51, subpart P. 

[FR Doc. 2017–20964 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2015–0498; FRL–9968–64– 

Region 2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Regional Haze Five-Year Progress 

Report State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving New York’s 

regional haze progress report, submitted 

on June 16, 2015, as a revision to its 

State Implementation Plan (SIP). New 

York’s SIP revision addresses 

requirements of the Clean Air Act and 

the EPA’s rules that require each state 

to submit periodic reports describing 

progress towards reasonable progress 

goals established for regional haze and 

a determination of the adequacy of the 

state’s existing regional haze SIP. The 

EPA is approving New York’s 

determination that the State’s regional 

haze SIP is adequate to meet these 

reasonable progress goals for the first 

implementation period which extends 

through 2018. 

DATES: This rule is effective on October 

30, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2015–0498. 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 through 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10278, (212) 637–3381 or 

wieber.kirk@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the Regional Haze Rule,1 each 

state was required to submit its first 

implementation plan addressing 

regional haze visibility impairment to 

the EPA no later than December 17, 

2007. See 40 CFR 51.308(b). New York 

submitted its regional haze plan on 

March 15, 2010. On August 28, 2012, 

the EPA approved New York’s regional 

haze SIP submittal addressing the 

requirements of the first implementation 

period for regional haze. 77 FR 51915 

(Aug. 28, 2012). 

Each state is also required to submit 

a progress report, in the form of a SIP 

revision that evaluates progress towards 

the reasonable progress goals (RPGs) for 

each mandatory Class I Federal area 

within the state and for each mandatory 

Class I Federal area outside the state 

which may be affected by emissions 

from within the state. See 40 CFR 

51.308(g). Each state is also required to 

submit, at the same time as the progress 

report, a determination of the adequacy 

of its existing regional haze SIP. See 40 

CFR 51.308(h). The first progress report 

was due five years after submittal of the 

initial regional haze SIP. 

On June 16, 2015, New York 

submitted to the EPA, as a revision to 

its SIP, a report on progress made 

towards the RPGs for Class I areas 

outside the State that are affected by 

emissions from sources within the State. 

There are no Class I areas in New York 

State. In its progress report SIP, New 

York concludes the elements and 

strategies relied on in its original 

regional haze SIP are sufficient for 

neighboring states affected by emissions 

from New York to meet all established 

RPGs. In a notice of proposed 

rulemaking (NPRM) published on 

August 1, 2017 (82 FR 35738), the EPA 

proposed to approve New York’s 

progress report as satisfying the 

requirements of 40 CFR 51.308(g) and 

51.308(h). No comments were received 

on the August 1, 2017 proposed 

rulemaking. 

II. Final Action 

EPA is finalizing approval of New 

York’s Regional Haze Progress Report 

SIP revision, submitted by New York on 

June 16, 2015, as meeting the 

requirements of 40 CFR 51.308(g) and 

51.308(h). 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air 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); 

• 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 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. 

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 


asabaliauskas on DSKBBXCHB2PROD with RULES