[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Proposed Rules]
[Pages 48791-48793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20029]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0394; FRL-9932-27-Region 7]


Approval and Promulgation of Implementation Plans; State of Iowa; 
Infrastructure SIP Requirements for the 2008 Lead National Ambient Air 
Quality Standards, Section 110(a)(2)(E)(ii), and a Supplemental SIP for 
Relevant Iowa Laws and Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve elements of a State Implementation Plan (SIP) submission from 
the State of Iowa for the 2008 National Ambient Air Quality Standards 
(NAAQS) for Lead (Pb) addressing the applicable requirements of the 
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.
    EPA is also proposing to approve a supplemental revision for the 
SIP to include article 1, section 2 of the Iowa Constitution, and 
portions of the Iowa Code and the Iowa Administrative Code to codify 
the relevant state laws as applied to conflict of interest provisions.

DATES: Comments must be received on or before September 14, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0394, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail: Heather Hamilton, Air Planning and Development Branch, 
U.S. Environmental Protection Agency, Region 7, Air and Waste 
Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
    4. Hand Delivery or Courier: Deliver your comments to Heather 
Hamilton, Air Planning and Development Branch, U.S. Environmental 
Protection Agency, Region 7, Air and Waste Management Division, 11201 
Renner Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0394. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or email information that you consider to be CBI or 
otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly

[[Page 48792]]

to EPA without going through http://www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and should be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy at U.S. Environmental 
Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 
66219 from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

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 Clean Air Act 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 the 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?

    EPA is proposing to approve the two submissions from the State of 
Iowa: The infrastructure SIP submission (received November 4, 2011) 
from Iowa which addresses the requirements of CAA sections 110(a)(1) 
and (2) as applicable to the 2008 Pb NAAQS, and the submission from 
Iowa (Received May 11, 2015, that codifies article 1, section 2, of the 
Iowa Constitution, as well as the relevant sections of the Iowa Code 
and the Iowa Administrative Code as they apply to conflict of interest 
provisions addressed in this action are referenced in the ``EPA 
Approved Nonregulatory SIP Provisions'' table accompanying this notice.
    A Technical Support Document is included as part of the docket to 
discuss the details of this proposal, including analysis of how the SIP 
meets the applicable 110 requirements for infrastructure SIPs including 
specifically section 128 and 110(a)(2)(E).

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?

    EPA is proposing to approve the November 4, 2011, infrastructure 
SIP submission from Iowa which addresses the requirements of CAA 
sections 110(a)(1) and (2) as applicable to the 2008 Pb NAAQS. In 
addition, EPA is proposing to approve the May 11 2015 submission from 
Iowa that codifies article 1, section 2, of the Iowa Constitution, as 
well as the relevant sections of the Iowa Code and the Iowa 
Administrative Code as they apply to conflict of interest provisions. 
Details of these submissions are addressed in a Technical Support 
Document 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, EPA believes that 
Iowa's SIP will meet all applicable required elements of sections 
110(a)(1) and (2) with respect to the 2008 Pb 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);
     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).

[[Page 48793]]

    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, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

    Dated: August 3, 2015.
Mark Hague,
Acting 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. In Sec.  52.820(e) the table is amended by adding new entries (40) 
and (41) in numerical order at the end of the table to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Iowa Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable         State
   Name of non-regulatory SIP        geographic or      submittal    EPA Approval date         Explanation
            revision               nonattainment area      date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(40) Sections 110(a)(1) and (2)   Statewide..........    11/4/2011  8/14/2015 [Insert    This action addresses
 Infrastructure Requirements                                         Federal Register     the following CAA
 2008 Lead NAAQS.                                                    citation].           elements:
                                                                                          110(a)(2)(A), (B),
                                                                                          (C), (D), (E), (F),
                                                                                          (G), (H), (J), (K),
                                                                                          (L), and (M).
                                                                                          110(a)(2)(I) is not
                                                                                          applicable.
(41) Section 128 Declaration:     Statewide..........       5/1/15  8/14/2015 [Insert
 Conflicts of Interest                                               Federal Register
 Provisions;.                                                        citation].
Constitution of the State of      ...................  ...........  ...................  This action addresses
 Iowa, Article 1, Section 2.                                                              the following sections
                                                                                          of the Constitution of
                                                                                          the State of Iowa,
                                                                                          Article 1, section 2.
Iowa Code: 4.4.(5), 7E.4,         ...................  ...........  ...................  Iowa Code: 4.4.(5) 7E.4
 Chapter 68B.                                                                             Chapter 68B.
Iowa Administrative Code:.......  ...................  ...........  ...................  Iowa Administrative
351 IAC 6.11....................                                                          Code:
351 IAC 6.14(2).................                                                         351 IAC 6.11
351 IAC 6.19....................                                                         351 IAC 6.14(2)
351 IAC 7.1-7.2.................                                                         351 IAC 6.19
567 IAC 1.11(1-9)...............                                                         351 IAC 7.1-7.2
                                                                                         567 IAC 1.11(1-9).
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-20029 Filed 8-13-15; 8:45 am]
 BILLING CODE 6560-50-P