Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46679 

EPA APPROVED ALABAMA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

Section 335–3–8–.63 ............. TR NOX Ozone Season Group 2 

Trading Program—Administrator’s 

Action on Submissions.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.64 ............. Reserved ........................................... 11/24/2015 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.65 ............. General Monitoring, Recordkeeping, 

and Reporting Requirements.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.66 ............. Initial Monitoring System Certification 

and Recertification Procedures.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.67 ............. Monitoring System Out-of-Control 

Periods.

6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.68 ............. Notifications Concerning Monitoring 6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.69 ............. Recordkeeping and Reporting .......... 6/9/2017 10/6/2017, [insert Federal 

Register citation].

Section 335–3–8–.70 ............. Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements.6/9/2017 10/6/2017, [insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2017–21523 Filed 10–5–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0356; FRL–9968–82– 

Region 7] 

Approval of Missouri Air Quality 

Implementation Plans; Infrastructure 

SIP Requirements for the 2008 Ozone 

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 2008 Ozone National Ambient Air 

Quality Standard (NAAQS). 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 5, 2017, without 

further notice, unless EPA receives 

adverse comment by November 6, 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–2015–0356, 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: 

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 infrastructure 

SIP submission from the State of 

Missouri received on July 08, 2013, as 

meeting the submittal requirements of 

110(a)(1). 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). EPA is not acting on the 

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

significant contribution to 

nonattainment (prong 1), interfering 

with maintenance of the NAAQs (prong 

2) because those elements were not 

addressed in the SIP revision submittal. 

EPA is not acting on section 110(a)(2)(I). 

EPA will act on 110(a)(2)(D)(i)(II)— 

protection of visibility (prong 4) in a 

separate action. 

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’s submission has met the 

public notice requirements for the 

Ozone infrastructure SIP submission in 

accordance with 40 CFR 51.102. The 


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46680 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

1See 80 FR 39961 (August 12, 2015). 

2See 76 FR 48208 (August 8, 2011). 

3See 81 FR 74504 (December 27, 2016). 4See 81 FR 41838 (August 12, 2016). 

state held a public comment period 

from The MDNR held a public hearing 

and comment period from April 30, 

2013 to June 06, 2013. EPA provided 

comments on May 23, 2013 and were 

the only commenters. A public hearing 

was held on May 30, 2013. The 

submission satisfied the completeness 

criteria of 40 CFR part 51, appendix V 

for all elements except 

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

published a document in the Federal 

Register, ‘‘Findings of Failure to Submit 

a Section 110 State Implementation 

Plan for Interstate Transport for the 

2008 National Ambient Air Quality 

Standards for Ozone’’.1 Missouri was 

included in this finding because it had 

not made a complete ‘‘good neighbor’’ 

SIP submittal to meet the section 

110(a)(2)(D)(i)(I)—prongs 1 and 2 

elements. 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? 

EPA is taking direct final action to 

approve elements of the July 08, 2013, 

infrastructure SIP submission from the 

State of Missouri, which addresses the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2008 Ozone 

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)—prong 3, (D)(ii), (E) 

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

will act on (D)(i)(II)—prong 4 in a 

separate action. 

EPA is taking no further action with 

respect to elements of section 

110(a)(2)(D)(i)(I)—prongs 1 and 2— 

because the Cross State Air Pollution 

Rule (CSAPR) Federal Implementation 

Plans (FIPs) that require subject units in 

Missouri to participate in the Federal 

CSAPR NOX Annual Trading Program 

and the Federal CSAPR SO2 Group 1 

Trading Program continue to apply and 

addresses emissions from subject units 

that may be contributing to 

nonattainment (prong 1) or interfering 

with maintenance (prong 2) of the 

NAAQS in another state.2 3

Additionally, on June 28, 2016, EPA 

took direct final action to approve 

Missouri’s adoption of state regulations 

that established state-determined 

allocations replacing EPA’s CSAPR 

default annual NOX and annual SO2

emissions allocation allowances for 

2017 and later years as an abbreviated 

SIP revision.4

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. 

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. 

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 (Public Law 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 21, 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: 


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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