[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54502-54504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19386]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0213; FRL-9950-65-Region 7]


Approval and Promulgation of Implementation Plans; State of Iowa; 
Infrastructure State Implementation Plan (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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 (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. 
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 approves 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 included 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 
approval of Iowa's infrastructure SIP for the 2006 PM2.5 
NAAQS addresses the September 8, 2011 finding.

DATES: This final rule is effective on September 15, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2014-0213. All documents in the docket are listed on 
the 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 FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. EPA's Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving 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 addressed 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 approving the 1997 
PM2.5 standard in today's action.
    For the 1997 PM2.5 NAAQS, the EPA took previous 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 final action, we are not acting on these portions 
since they have already been acted upon by the EPA.
    A Technical Support Document is included as part of the docket to 
discuss the details of this final action.

II. EPA's Response to Comment

    The public comment period on EPA's proposed regulation opened June 
23, 2016, the date of its publication in the Federal Register, and 
closed on July 25, 2016. 81 FR 40825. During this period, EPA received 
one comment that is addressed as follows:
    Comment: The commenter stated that EPA must disapprove the 
Prevention of Significant Deterioration (PSD) portions of the 
infrastructure SIP, 110(a)(2)(C), (D)(i)(II) (prong 3) and (J), because 
the local air agencies in Iowa with their

[[Page 54503]]

own PSD programs lack the PM2.5 increment or do not treat 
NOX as a precursor for ozone.
    Response to comment: Iowa has a delegated PSD program (see 72 FR 
27056) that is not delegated to local air agencies. PSD permits are 
only issued by the Iowa Department of Natural Resources. 81 FR 44795, 
44796. Therefore, no changes will be made in response to this comment.

III. What action is EPA taking?

    The EPA is approving 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. Today's action 
also approves 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.

IV. 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 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).
    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 October 17, 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).)

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: August 1, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA to 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 adding (e)(45) and (46) to read as 
follows:


Sec.  52.820   Identification of plan.

* * * * *
    (e) * * *

[[Page 54504]]



                                 EPA-Approved Iowa Nonregulatory SIP Provisions
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                                      Applicable
   Name of non-regulatory SIP        geographic or          State        EPA Approval date       Explanation
            revision              nonattainment area   submittal date
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                                                  * * * * * * *
(45) Sections 110(a)(1) and (2)  Statewide...........         3/21/08  8/16/16 [Insert       This action
 Infrastructure Requirements                                            Federal Register      addresses the
 1997 PM2.5 NAAQS.                                                      citation].            following CAA
                                                                                              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.
(46) Sections 110(a)(1) and (2)  Statewide...........         7/23/13  8/16/16 [Insert       This action
 Infrastructure Requirements                                            Federal Register      addresses the
 2006 PM2.5 NAAQS.                                                      citation].            following CAA
                                                                                              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. 2016-19386 Filed 8-15-16; 8:45 am]
 BILLING CODE 6560-50-P