[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Proposed Rules]
[Pages 40825-40827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14897]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0213; FRL-9948-16-Region 7]
Approval and Promulgation of Implementation Plans; State of Iowa;
Infrastructure SIP Requirements for the 1997 and 2006 Fine Particulate
Matter (PM2.5) National Ambient Air Quality Standards (NAAQS), and the
Adoption of the 1997 PM2.5 Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of two State Implementation Plan (SIP) submissions
from the State of Iowa for the Infrastructure SIP Requirements for the
1997 and 2006 Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standards
[[Page 40826]]
(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. This action also proposes to
approve the adoption of the 1997 PM2.5 standard.
On September 8, 2011, EPA issued a Finding of Failure to Submit a
Complete State Implementation Plan for several states, including Iowa.
With respect to Iowa, the Finding of Failure to Submit covered the
following 2006 PM2.5 NAAQS infrastructure requirements:
110(a)(2)(A)-(C), (D)(i)(II) (prong 3 only), (E)-(H) and (J)-(M). This
proposal to approve Iowa's infrastructure SIP for the 2006
PM2.5 NAAQS addresses the September 8, 2011 finding.
DATES: Comments must be received on or before July 25, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2014-0213, to http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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. The 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 http://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; telephone number: (913) 551-
7039; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to EPA. A detailed technical
support document (TSD) is included in this rulemaking docket to address
the following: A description of CAA section 110(a)(1) and (2)
infrastructure SIPs; the applicable elements under sections 110(a)(1)
and (2); EPA's approach to the review of infrastructure SIP
submissions, and EPA's evaluation of how Iowa addressed the relevant
elements of sections 110(a)(1) and (2). This section provides
additional information by addressing the following questions:
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?
I. What is being addressed in this document?
The EPA is proposing to approve two submissions from the State of
Iowa: The infrastructure SIP submissions for the 1997 and 2006
PM2.5 NAAQS received on March 31, 2008 and July 29, 2013.
The SIP submissions from Iowa address the requirements of CAA sections
110(a)(1) and (2) as applicable to the 1997 and 2006 PM2.5
NAAQS. The March 31, 2008 SIP submission also included the state
adoption of the 1997 PM2.5 standard. The EPA is also
proposing to approve this in today's action.
For the 1997 PM2.5 NAAQS, the EPA took action to address
section 110(a)(2)(D)(i)(I)--prongs 1 and 2 for Iowa. (72 FR 10380,
March 8, 2007, as revised in 76 FR 48208, August 8, 2011). Therefore,
in this proposal, we are not acting on these portions since they have
already been acted upon by the EPA.
A TSD is included as part of the docket to discuss the details of
this proposal.
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 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 document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
The EPA is proposing to approve two submissions from the State of
Iowa: The infrastructure SIP submissions for the 1997 and 2006
PM2.5 NAAQS received on March 31, 2008 and July 29, 2013.
The SIP submissions from Iowa address the requirements of CAA sections
110(a)(1) and (2) as applicable to the 1997 and 2006 PM2.5
NAAQS. This action also proposes to approve the adoption of the 1997
PM2.5 standard.
The EPA's analysis of these submissions is addressed in a TSD as
part of the docket to discuss the proposal.
Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in those submissions or referenced in Iowa's SIP, the EPA believes that
Iowa's SIP will meet all applicable required elements of sections
110(a)(1) and (2) with respect to the 1997 and 2006 PM2.5
NAAQS.
We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
Statutory and Executive Order Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 proposed action:
Is not a ``significant regulatory action'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 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);
[[Page 40827]]
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).
Statutory Authority
The statutory authority for this action is provided by section 110
of the CAA, as amended (42 U.S.C. 7410).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Prevention of
significant deterioration, Incorporation by reference,
Intergovernmental relations, Particulate Matter, Reporting and
recordkeeping requirements.
Dated: June 15, 2016.
Mark Hague,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 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 Q--Iowa
0
2. Section 52.820 is amended by adding entries (43) and (44) in
numerical order to table (e) to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Iowa Nonregulatory SIP Provisions
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Name of non-regulatory SIP Applicable geographic State
revision or nonattainment area submittal date EPA approval date Explanation
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* * * * * * *
(43) Sections 110(a)(1) and Statewide............. 3/21/08 6/23/16 [Insert This action addresses
(2) Infrastructure Federal Register the following CAA
Requirements 1997 PM2.5 NAAQS. citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
prong 3, (E), (F),
(G), (H), (J), (K),
(L), and (M).
110(a)(2)(I) is not
applicable.
(44) Sections 110(a)(1) and Statewide............. 7/23/13 6/23/16 [Insert This action addresses
(2) Infrastructure Federal Register the following CAA
Requirements 2006 PM2.5 NAAQS. citation]. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
prong 3, (E), (F),
(G), (H), (J), (K),
(L), and (M).
110(a)(2)(I) is not
applicable.
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[FR Doc. 2016-14897 Filed 6-22-16; 8:45 am]
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