[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]
 BILLING CODE 6560-50-P