[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Rules and Regulations]
[Pages 9770-9772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04082]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0582; FRL-9942-79-Region 7]


Approval of Iowa's Air Quality Implementation Plans; Iowa Plan 
for the 2008 Lead Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve Iowa's attainment demonstration State Implementation 
Plan (SIP) for the lead National Ambient Air Quality Standard (NAAQS) 
nonattainment area of Council Bluffs, Pottawattamie County, Iowa, 
received by EPA on February 9, 2015. The applicable standard addressed 
in this action is the lead NAAQS promulgated by EPA in 2008. EPA 
believes that the SIP submitted by the state satisfies the applicable 
requirements of the Clean Air Act (CAA), and will bring the designated 
portions of Council Bluffs, Iowa into attainment of the 0.15 microgram 
per cubic meter ([mu]g/m\3\) lead NAAQS.

DATES: This final rule is effective on March 28, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0582. 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, i.e., 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 electronically at 
www.regulations.gov and at EPA Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. Please schedule an appointment during normal 
business hours with the contact listed in the FOR FURTHER INFORMATION 
CONTACT section. For additional information and general guidance, 
please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?

I. What is being addressed in this document?

    In this document, EPA is granting final approval of Iowa's 
attainment demonstration SIP for the lead NAAQS nonattainment area in 
portions of Council Bluffs, Pottawattamie County, Iowa. The applicable 
standard addressed in this action is the lead NAAQS promulgated by EPA 
in 2008. EPA believes that the SIP submitted by the state satisfies the 
applicable requirements of the CAA identified in EPA's Final Rule (73 
FR 66964, October 15, 2008), and will bring the area into attainment of 
the 0.15 microgram per cubic meter ([mu]g/m\3\) lead NAAQS. EPA's 
proposal containing the background information for this action can be 
found at 80 FR 59695 (October 2, 2015).

[[Page 9771]]

II. Have the requirements for the 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 the docket, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened October 2, 
2015, the date of its publication in the Federal Register, and closed 
on November 2, 2015. During this period, EPA received no comments.

IV. What action is EPA taking?

    EPA is taking final action to amend the Iowa SIP to approve Iowa's 
SIP for the Council Bluffs lead NAAQS nonattainment area in 
Pottawattamie County, Iowa. The applicable standard addressed in this 
action is the lead NAAQS promulgated by EPA in 2008 (73 FR 66964).

Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is proposing to incorporate by reference the proposed 
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).

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 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).
    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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    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 April 26, 2016. Filing a petition for 
reconsideration by the Administrator of this rule does not affect the 
finality of this rulemaking 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 future 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 17, 2016.
Mark Hague,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 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:

[[Page 9772]]

0
a. Adding entries (110) and (111) in numerical order to table (d); and
0
b. Adding new entry (42) in numerical order to table (e) to read as 
follows:


Sec.  52.820  Identification of plan.

* * * * *
    (d) * * *

                                EPA-Approved Iowa Source-Specific Orders/Permits
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                                                                  State
          Name of source               Order/Permit No.      effective date   EPA Approval date     Explanation
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                                                  * * * * * * *
(110) Griffin Pipe Products Co.,   Administrative Consent           1/29/15  2/26/16 [Insert
 LLC.                               Order No. 2015-AQ-02.                     Federal Register
                                                                              citation].
(111) Alter Metal Recycling......  Permit No. 14-A-521.....          9/2/14  2/26/16 [Insert
                                                                              Federal Register
                                                                              citation].
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    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
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    Name of nonregulatory SIP      Applicable geographic or       State
            provision                 nonattainment area     submittal date   EPA Approval date     Explanation
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                                                  * * * * * * *
(42) Lead attainment SIP.........  Portions of                      1/30/15  2/26/16 [Insert      [EPA-R07-OAR-2
                                    Pottawattamie County.                     Federal Register    015-0582; FRL-
                                                                              citation].          9942-79-Region
                                                                                                             7].
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[FR Doc. 2016-04082 Filed 2-25-16; 8:45 am]
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