Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45479 

Requirements’’ at the end of the table to 

read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area 

State 

submittal 

date 

EPA 

approval 

date 

Additional 

explanation 

*******

2008 8-Hour Ozone NAAQS 

Nonattainment New Source 

Review Requirements.

The Baltimore Area (includes 

Anne Arundel, Baltimore, 

Carroll, Harford, and Howard Counties and the city of 

Baltimore), the Philadelphia-Wilmington-Atlantic 

City Area (includes Cecil 

County in Maryland), and 

the Washington, DC Area 

(includes Calvert, Charles, 

Frederick, Montgomery, 

and Prince Georges Counties in Maryland).

5/8/17 9/29/17 [insert Federal Register citation].

[FR Doc. 2017–20834 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0517; FRL–9968–66– 

Region 7] 

Approval of Iowa Air Quality 

Implementation Plans; Elements of the 

Infrastructure SIP Requirements for 

the 2012 Annual Fine Particulate Matter 

(PM2.5) 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, 

for the 2012 Annual Fine Particulate 

Matter (PM2.5) 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 is 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–2017–0517, 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: 

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 

2012 PM2.5 NAAQS infrastructure SIP 

submission from the State of Iowa, 

dated December 15, 2015, and received 

on December 22, 2015. Specifically, 

EPA is approving the following 

elements of section 110(a)(2): (A), (B), 

(C), (D)(i)(II)—prevent significant 

deterioration of air quality (prong 3), 

(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 held a 30-day 

comment period, and a public hearing 

on November 16, 2015. No oral or 

written comments were received. This 

submission 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 revision meets 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 


asabaliauskas on DSKBBXCHB2PROD with RULES
45480 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

III. What action is EPA taking? 

EPA is approving elements of the 

December 15, 2015, infrastructure SIP 

submission from the State of Iowa, 

which addresses the requirements of 

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

applicable to the 2012 PM2.5 NAAQS. 

As stated above, EPA is approving the 

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

(A), (B), (C), (D), (D)(i)(II)—prevent 

significant deterioration of air quality 

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

through (M). Details of the submission 

are addressed in a TSD 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)(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 

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 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, 

Particulate matter, 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: 

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. Amend § 52.820(e) by adding an 

entry for ‘‘(49) Sections 110(a)(1) and (2) 

Infrastructure Requirements 2012 

annual PM2.5 NAAQS’’ in numerical 

order at the end of the table to read as 

follows: 

§ 52.820 Identification of plan. 

* * * * * 

(e) * * * 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45481 

EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS

Name of non-regulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(49) Sections 110(a)(1) 

and (2) Infrastructure 

Requirements 2012 annual PM2.5 NAAQS.

Statewide ........... 12/15/15 09/29/17 and [Insert Federal Register citation].This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D)(i)(II) prong 3, (D)(ii), 

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

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

2017–0517; FRL–XXXX–Region 7.] 

[FR Doc. 2017–20829 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2016–0598; FRL–9968–46– 

OAR] 

RIN 2060–AT16 

Interstate Transport of Fine Particulate 

Matter: Revision of Federal 

Implementation Plan Requirements for 

Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing withdrawal 

of the federal implementation plan (FIP) 

provisions that require affected 

electricity generating units (EGUs) in 

Texas to participate in Phase 2 of the 

Cross-State Air Pollution Rule (CSAPR) 

trading programs for annual emissions 

of sulfur dioxide (SO2) and nitrogen 

oxides (NOX). Withdrawal of the FIP 

requirements is intended to address a 

decision of the U.S. Court of Appeals for 

the District of Columbia Circuit (D.C. 

Circuit) remanding the CSAPR Phase 2 

SO2 budget for Texas to the EPA for 

reconsideration. With this action, the 

EPA is also determining that, following 

withdrawal of the FIP requirements, 

sources in Texas do not contribute 

significantly to nonattainment in, or 

interfere with maintenance by, any 

other state with regard to the 1997 

national ambient air quality standard 

(NAAQS) for fine particulate matter 

(PM2.5). Accordingly, we are also 

determining that the EPA has no 

obligation to issue new FIP 

requirements for Texas sources to 

address transported PM2.5 pollution 

under Clean Air Act (CAA) section 

110(a)(2)(D)(i)(I) with regard to that 

NAAQS. Finally, the EPA is also 

affirming the continued validity of the 

Agency’s 2012 determination that 

participation in CSAPR meets the 

Regional Haze Rule’s criteria for an 

alternative to the application of sourcespecific best available retrofit 

technology (BART). The EPA has 

determined that changes to CSAPR’s 

geographic scope resulting from the 

actions EPA has taken or expects to take 

in response to the D.C. Circuit’s remand 

do not affect the continued validity of 

participation in CSAPR as a BART 

alternative, because the changes in 

geographic scope would not have 

adversely affected the results of the air 

quality modeling analysis upon which 

the EPA based the 2012 determination. 

DATES: This final rule is effective on 

September 29, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2016–0598. All 

documents in the docket are listed and 

publicly available at http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Questions about the withdrawal of 

CSAPR FIP requirements for Texas 

EGUs should be directed to David 

Lifland, Clean Air Markets Division, 

Office of Atmospheric Programs, U.S. 

Environmental Protection Agency, MC 

6204M, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

number: (202) 343–9151; email address: 

lifland.david@epa.gov. Questions about 

the sensitivity analysis regarding 

CSAPR participation as a BART 

alternative should be directed to 

Melinda Beaver, Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, 109 

T.W. Alexander Drive, Mail Code C539– 

04, Research Triangle Park, NC 27709; 

telephone number: (919) 541–1062; 

email address: beaver.melinda@epa.gov. 

SUPPLEMENTARY INFORMATION: Regulated 

Entities. Entities regulated under CSAPR 

are fossil fuel-fired boilers and 

stationary combustion turbines that 

serve generators producing electricity 

for sale, including combined cycle units 

and units operating as part of systems 

that cogenerate electricity and other 

useful energy output. Regulated 

categories and entities include: 

Category NAICS * code Examples of potentially regulated industries 

Industry .......................... 221112 Fossil fuel-fired electric power generation. 

* North American Industry Classification System. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated. To determine whether your 

facility is affected by this action, you 

should carefully examine the 

applicability provisions in 40 CFR 

97.404 and 97.704. If you have 

questions regarding the applicability of 

CSAPR to a particular entity, consult the 

person listed in the FOR FURTHER

INFORMATION CONTACT section above. 

Table of Contents 

I. Overview 

II. Background 

A. History and Summary of CSAPR 

B. CSAPR Participation as a BART 

Alternative 

III. Withdrawal of CSAPR FIP Requirements 

Related to Texas’ Transport Obligations 

With Regard to the 1997 Annual PM2.5

NAAQS 

A. Summary 

B. Adequacy of Rationale for Finding No 

Remaining Transport Obligation 


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