Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46681 

1 ‘‘Where an air agency determines that the 

provisions in or referred to by its existing EPA 

approved SIP are adequate with respect to a given 

infrastructure SIP element (or sub element) even in 

light of the promulgation of a new or revised 

NAAQS, the air agency may make a SIP submission 

in the form of a certification.’’ EPA’s ‘‘Guidance on 

Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) 

and (2),’’ September 13, 2013, at 7. 

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 AA—Missouri 

■ 2. Amend § 52.1320(e) by adding 

entry (63) in numerical order to read as 

follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(e)* * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory SIP revision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date EPA approval date Explanation 

*******

(63) Sections 110 (a)(1) 

and 110(a)(2) Infrastructure Requirements 

for the 2008 Ozone 

NAAQS.

Statewide .......... 7/8/13 10/6/17, [Insert Federal 

Register citation].

This action approves the following CAA elements: 

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

addressed by a Federal Implementation Plan. 

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

2015–0356; FRL–9968–82–Region 7.] 

* * * * * * * 

[FR Doc. 2017–21528 Filed 10–5–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0558, FRL–9969–00– 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 2010 SO2 and 

2012 PM2.5 National Ambient Air 

Quality Standards; North Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

revisions from the State of North Dakota 

to demonstrate the State meets 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for sulfur dioxide (SO2) on 

June 2, 2010, and fine particulate matter 

(PM2.5) on December 14, 2012. 

DATES: This rule is effective on 

November 6, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2013–0558. 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., 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 either electronically through 

http://www.regulations.gov or in hard 

copy at the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that if at 

all possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: Kate 

Gregory, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6175, 

gregory.kate@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Infrastructure requirements for SIPs 

are set forth in section 110(a)(1) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking 

published on June 6, 2017 (82 FR 

25999). 

In our proposed rule, the EPA 

proposed to approve some infrastructure 

elements and to take no action on others 

for the 2010 SO2 and 2012 PM2.5

NAAQS from the State’s March 7, 2013 

and August 23, 2015 certifications,1

respectively. In this rulemaking, we are 

taking final action to approve those 

infrastructure elements from the State’s 

certifications for which we proposed 

approval. 

II. Response to Comments 

No comments were received on our 

June 29, 2017 notice of proposed 

rulemaking. 

III. Final Action 

For reasons expressed in the proposed 

rule, the EPA is taking final action to 

approve infrastructure elements from 

the State’s certifications as shown in 

Table 1. Elements we are taking no 

action on are reflected in Table 2. 

TABLE 1—LIST OF NORTH DAKOTA INFRASTRUCTURE ELEMENTS AND REVISIONS THE EPA IS APPROVING

Approval 

March 7, 2013 submittal—2010 SO2 NAAQS: 

(A), (B), (C), (D)(i)(II) prongs 3 and 4, 

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

(M). 

August 23, 2015 submittal—2012 PM2.5

NAAQS: (A), (B), (C), (D)(i)(II) prongs 3 

and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L) 

and (M). 


asabaliauskas on DSKBBXCHB2PROD with RULES
46682 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

TABLE 2—LIST OF NORTH DAKOTA INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING

NO ACTION ON

No action 

(revision to be made in separate rulemaking 

action) 

March 7, 2013 submittal—2010 SO2 NAAQS: 

(D)(i)(I) prongs 1 and 2. 

August 23, 2015 submittal—2012 PM2.5

NAAQS: (D)(i)(I) prongs 1 and 2. 

IV. Statutory and Executive Orders 

Review 

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, the 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 the 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the 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. 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 5, 

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 CAA 

Section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: September 18, 2017. 

Suzanne J. Bohan, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 JJ—North Dakota 

■ 2. Section 52.1833 is amended by 

adding paragraph (f) to read as follows: 

§ 52.1833 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(f) The North Dakota Department of 

Health provided submissions to meet 

infrastructure requirements for the State 

of North Dakota for the 2010 SO2 and 

2012 PM2.5 NAAQS on March 7, 2013 

and August 23, 2015, respectively. The 

State’s Infrastructure SIP for the 2010 

SO2 and 2012 PM2.5 NAAQS is 

approved with respect to section 

(110)(a)(1) and the following elements of 

section (110)(a)(2): (A), (B), (C) with 

respect to minor NSR and PSD 

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

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

[FR Doc. 2017–21520 Filed 10–5–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0105; FRL–9968–92– 

Region 4] 

Air Plan Approval; Florida; Permitting 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

portions of five State Implementation 

Plan (SIP) revisions submitted by the 

State of Florida, Department of 

Environmental Protection (FDEP), 

through the Florida Division of Air 

Resource Management, on June 23, 

1999, July 1, 2011, December 12, 2011, 

February 27, 2013, and February 1, 

2017. Florida’s SIP revisions recodify, 

clarify, and reorganize the State’s nontitle V air permitting and compliance 

assurance program regulations 

consistent with flexibility provided 


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