[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47154-47155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21805]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0268; FRL-9969-10--Region 7]


Approval of Missouri Air Quality Implementation Plans; 
Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National 
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a State Implementation Plan (SIP) revision from the State 
of Missouri for the 2010 Nitrogen Dioxide (NO2) 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 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-2017-0268, 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 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 April 30, 2013. 
Specifically, EPA is approving the following elements of section 
110(a)(2): (A) Through (H) (except (D)(i)(II)-protection of visibility 
(prong 4)), and (J) through (M). EPA is not acting on section 
110(a)(2)(I) as it does not expect infrastructure SIP submissions to 
address the element. EPA will act on prong 4 in a separate action. A 
Technical Support Document (TSD) is included in 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 hearing on March 28, 2013 and a public comment period from 
February 25, 2013 to April 4, 2013. EPA provided comments to the state 
on April 3, 2013, and were the only commenters. The state revised its 
proposed SIP in response to EPA's comments and the revisions were 
contained in the SIP submitted to EPA on April 30, 2013. 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?

    EPA is taking direct final action to approve elements of the April 
30, 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 2010 NO2 NAAQS. As stated in above 
preamble, 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) Through (H) (except (D)(i)(II)-protection of 
visibility (prong 4)), and (J) through (M). EPA is not acting on 
section 110(a)(2)(I) as it does not expect infrastructure SIP 
submissions to address the element. EPA will act on prong 4 in a 
separate action.
    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 
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.

[[Page 47155]]

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).

 List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements.

    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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart--AA Missouri

0
2. Amend Sec.  52.1320 in the table in paragraph (e) by adding an entry 
for ``(64) Sections 110 (a)(1) and 110(a)(2) Infrastructure 
Requirements for the 2010 Nitrogen Dioxide NAAQS'' in numerical order 
to read as follows:


Sec.  52.1320  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
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                                     Applicable
   Name of non-regulatory SIP       geographic or         State
            revision                nonattainment       submittal    EPA Approval  date        Explanation
                                        area              date
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                                                  * * * * * * *
(64) Sections 110(a)(1) and      Statewide.........         4/30/13  10/11/2017 [Insert  This action approves
 110(a)(2) Infrastructure                                             Federal Register    the following CAA
 Requirements for the 2010                                            citation].          elements: 110(a)(1)
 Nitrogen Dioxide NAAQS.                                                                  and 110(a)(2)(A), (B),
                                                                                          (C), (D)(i)(I),
                                                                                          (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-2017-0268; FRL-
                                                                                          XXXX--Region 7.]
 
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[FR Doc. 2017-21805 Filed 10-10-17; 8:45 am]
 BILLING CODE 6560-50-P