[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Rules and Regulations]
[Pages 67335-67336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27783]



[[Page 67335]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0394; FRL-9936-33-Region 7]


Approval of Air Quality State Implementation Plans (SIP); State 
of Iowa; Infrastructure SIP Requirements for the 2008 Lead National 
Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) submission from the 
State of Iowa addressing the applicable requirements of Clean Air Act 
(CAA) section 110 for the 2008 National Ambient Air Quality Standards 
(NAAQS) for Lead (Pb), which requires that each state adopt and submit 
a SIP to support 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.
    EPA is also taking final action 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 
requirements of section 128 of the CAA.

DATES: This final rule is effective December 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0394. 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 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. 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, the terms ``we,'' 
``us,'' or ``our'' refer to EPA. This section provides additional 
information by addressing the following:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review

I. Background

    On August 14, 2015, (80 FR 48791), EPA published a notice of 
proposed rulemaking (NPR) for the State of Iowa. The NPR proposed 
approval of Iowa's submission that provides the basic elements 
specified in section 110(a)(2) of the CAA necessary to implement, 
maintain, and enforce the 2008 Pb NAAQS. The NPR also proposed approval 
of a supplemental revision 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 requirements of Sections 110(a)(2)(E) and 128 of the CAA.

II. Summary of SIP Revision

    On November 4, 2011, EPA received a SIP submission from the state 
of Iowa that addressed the infrastructure elements specified in section 
110(a)(2) for the 2008 Pb NAAQS. The submission addressed the following 
infrastructure elements of section 110(a)(2): (A), (B), (C), (D), (E), 
(F), (G), (H), (J), (K), (L), and (M). On May 11, 2015, EPA received a 
supplemental SIP submission from the state of Iowa 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 requirements of Section 128 of the CAA. 
The rationale for EPA's proposed action to approve the SIP submissions 
for specific requirements of section 110(a)(2) of the CAA, and the 
submission for conflict of interest provisions are explained in the NPR 
and will not be restated here.
    During the public comment period for the NPR one comment was 
received. The commenter stated that EPA cannot approve the Prevention 
of Significant Deterioration provisions unless the Particulate Matter 
(PM2.5) increments have been approved in the SIP. The 
PM2.5 increments, found at 567 Iowa Administrative Code, 
Chapter 33.3(3), were approved by EPA into the Iowa SIP on March 14, 
2014. 79 FR 14402.

III. Final Action

    EPA is approving Iowa's November 4, 2011, submission addressing the 
requirements of the CAA sections 110(a)(1) and (2) as applicable to the 
2008 Pb NAAQS. Specifically, EPA approves the following infrastructure 
elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), 
(L), and (M) which are necessary to implement, maintain, and enforce 
the 2008 Pb NAAQS, as a revision to the Iowa SIP. EPA is also approving 
Iowa's May 11, 2015, submission 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 requirements of Sections 110(a)(2)(E) and 128 of 
the CAA.

IV. Statutory and Executive Order Review

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Iowa 
nonregulatory SIP provision described in the amendments to 40 CFR part 
52 set forth below. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).
    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

[[Page 67336]]

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 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).
    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. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 4, 2016. 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.

    Dated: September 29, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:
    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

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. Amend Sec.  52.820 by adding entries (e)(41) and (42) to read as 
follows:


Sec.  52.820  Identification of plan.

* * * * *
    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
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                                  Applicable geographic
   Name of nonregulatory SIP      area or nonattainment        State       EPA Approval date      Explanation
           provision                       area           submittal date
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                                                  * * * * * * *
(40) Sections 110(a)(1) and (2)  Statewide..............         11/4/11  11/2/15 [Insert     This action
 Infrastructure Requirements                                               Federal Register    addresses the
 2008 Lead NAAQS.                                                          citation].          following CAA
                                                                                               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..............         5/11/15  11/2/15 [Insert     This action
 Conflicts of Interest                                                     Federal Register    addresses the
 Provisions;                                                               citation].          following
Constitution of the State of                                                                   sections of the
 Iowa, Article 1, Section 2                                                                    Constitution of
Iowa Code: 4.4.(5) 7E.4 Chapter                                                                the State of
 68B                                                                                           Iowa, Article 1,
Iowa Administrative Code: 351                                                                  section 2; Iowa
 IAC 6.11 351 IAC 6.14(2) 351                                                                  Code: 4.4.(5),
 IAC 6.19 351 IAC 7.1-7.2 567                                                                  7E.4, Chapter
 IAC 1.11(1-9)                                                                                 68B;
                                                                                              Iowa
                                                                                               Administrative
                                                                                               Code: 351 IAC
                                                                                               6.11 351 IAC
                                                                                               6.14(2) 351 IAC
                                                                                               6.19 351 IAC 7.1-
                                                                                               7.2 567 IAC
                                                                                               1.11(1-9).
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[FR Doc. 2015-27783 Filed 10-30-15; 8:45 am]
 BILLING CODE 6560-50-P