Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47147 

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 11, 

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, 

Ozone, Reporting and recordkeeping 

requirements. 

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

Dated: September 26, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(496) to read as 

follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(496) The following plan was 

submitted on August 24, 2016, by the 

Governor’s Designee. 

(i) [Reserved] 

(ii) Additional materials. (A) 

California Air Resources Board (CARB). 

(1) CARB Resolution 16–8, dated July 

21, 2016, adopting the ‘‘2016 Ozone 

State Implementation Plan for the San 

Joaquin Valley.’’ 

(2) ‘‘Staff Report, ARB Review of the 

San Joaquin Valley 2016 Plan for the 

2008 8-Hour Ozone Standard,’’ section 

V.H (‘‘Bakersfield Area Monitor’’) and 

Appendix C (‘‘U.S. EPA Letter 

Regarding Arvin Site Relocation’’), only. 

§ 52.223 [Amended] 

■ 3. Section 52.223 is amended by 

removing and reserving paragraphs 

(i)(1), (i)(7), (l)(1), and (l)(7). 

[FR Doc. 2017–21777 Filed 10–10–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0513; FRL–9969–12– 

Region 7] 

Approval of Missouri Air Quality 

Implementation Plans; Infrastructure 

SIP Requirements for the 2012 Annual 

Fine Particulate Matter (PM2.5) National 

Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

revision from the State of Missouri for 

the 2012 Annual Fine Particulate Matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS) and two state 

statutes into the SIP to address the 

requirements relating to conflicts of 

interest found in section 128 of the 

Clean Air Act (CAA). Section 110 of the 

CAA requires that each state adopt and 

submit a SIP for the 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 December 11, 2017, without 

further notice, unless EPA receives 

adverse comment by November 13, 

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–2017–0513, 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 


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47148 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 

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: 

Tracey Casburn, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7016, or by email at 

casburn.tracey@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 the revision as 

meeting the submittal requirement of 

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

elements of the infrastructure SIP 

submission from the State of Missouri 

received on October 14, 2015. 

Specifically, EPA is approving the 

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

(A), (B), (C), (D)(i)(II)—prevention of 

significant deterioration of air quality 

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

through (M). EPA intends to act on 

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

significant contribution to 

nonattainment (prong 1), interfering 

with maintenance of the NAAQs (prong 

2) and 110(a)(2)(D)(i)(II)—protection of 

visibility (prong 4) in subsequent 

rulemakings. EPA is taking no action 

section 110(a)(2)(I). EPA is also 

approving the state’s request to include 

Missouri State Statute section 

105.483(5) RSMo 2014, and Missouri 

State Statute section 105.485 RSMo 

2014 into the SIP. These two statutes 

address aspects of the infrastructure 

requirements relating to conflicts of 

interest as found in section 128 of the 

CAA. 

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’s submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The state held a public comment 

period from July 27, 2015, to September 

03, 2015. The state received no 

comments during the public comment 

period. A public hearing was held on 

August 27, 2015. The submission 

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 revision meets the 

substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

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 

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. 

EPA is approving elements of the 

October 14, 2015, infrastructure SIP 

submission from the State of Missouri, 

which addresses the requirements of 

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

applicable to the 2012 Annual PM2.5

NAAQS. As stated above, EPA is 

approving the revision as meeting the 

submittal requirement of section 

110(a)(1) and approving the following 

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

(C), (D)(i)(II)—prevention of significant 

deterioration of air quality (prong 3), 

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

(M). EPA intends to act on elements of 

section 110(a)(2)(D)(i)(I)—significant 

contribution to nonattainment (prong 1), 

interfering with maintenance of the 

NAAQs (prong 2) and 

110(a)(2)(D)(i)(II)—protection of 

visibility (prong 4) in subsequent 

rulemakings. EPA is taking no action 

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. 

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); 


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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47149 

• 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate Matter, 

Reporting and recordkeeping 

requirements, Sulfur Dioxides. 

Dated: September 27, 2017. 

Cathy Stepp, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA is 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 AA—Missouri 

■ 2. Amend § 52.1320 by adding 

paragraphs (e)(72) and (73) to read as 

follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of non-regulatory SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date EPA approval date Explanation 

*******

(72) Sections 110 (a)(1) and 110(a)(2) Infrastructure Requirements for the 2012 

Annual Fine Particulate Matter (PM2.5) 

NAAQS.

Statewide ....... 10/14/2015 10/11/2017, [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)(I) is not applicable. [EPA– 

R07–OAR–2017–0513; FRL–9969– 

12—Region 7.] 

(73) Missouri State Statute section 

105.483(5) RSMo 2014, and Missouri 

State Statute section 105.485 RSMo 

2014.

Statewide ....... 10/14/2015 10/11/2017, [Insert 

Federal Register 

citation].

EPA–R07–OAR–2017–0513; FRL–9969– 

12—Region 7. 

[FR Doc. 2017–21806 Filed 10–10–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2017–0298; FRL–9969–01– 

Region 8] 

Approval and Promulgation; State of 

Utah; Salt Lake County and Utah 

County Nonattainment Area Coarse 

Particulate Matter State 

Implementation Plan Revisions To 

Control Measures for Point Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

certain State Implementation Plan (SIP) 

revisions submitted by Utah on January 

4, 2016, and of certain revisions 

submitted on January 19, 2017, for the 

coarse particulate matter (PM10) national 

ambient air quality standard (NAAQS) 

in the Salt Lake County and Utah 

County PM10 nonattainment areas. The 

revisions that the EPA is approving are 

located in Utah Division of 

Administrative Rule (DAR) R307–110– 

17 and SIP Subsection IX.H.1–4, and 

establish emissions limits for PM10, NOX

and SO2 for certain stationary sources in 

the nonattainment areas. These actions 

are being taken under section 110 of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

November 13, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2017–0298. 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 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: 

James Hou, Air Program, EPA, Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, (303) 

312–6210, hou.james@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the 1990 amendments to the 

CAA, Salt Lake and Utah Counties were 

designated nonattainment for PM10 and 

classified as moderate areas by 

operation of law as of November 15, 

1990 (56 FR 56694, 56840; November 6, 

1991). On July 8, 1994, the EPA 

approved the PM10 SIP for the Salt Lake 

and Utah County Nonattainment Areas 


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