[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Rules and Regulations]
[Pages 64347-64349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22503]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0407; FRL-9952-55-Region 7]


Partial Approval and Partial Disapproval of Implementation Plans; 
State of Iowa; Infrastructure SIP Requirements for the 2008 Ozone 
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 partially approve and partially disapprove elements of the 
State Implementation Plan (SIP) submission from the State of Iowa 
addressing the applicable requirements of the Clean Air Act (CAA) 
section 110 for the 2008 ozone NAAQS. Section 110 requires that each 
state adopt and submit a SIP to support 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.

DATES: This final rule is effective on October 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2016-0407. 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

[[Page 64348]]

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,'' and 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is taking final action to partially approve and partially 
disapprove the infrastructure SIP submission received from the State of 
Iowa on January 17, 2013. EPA is approving the following elements of 
section 110(a)(2): (A), (B), (C), (D)(i)(II)--prong 3 only, (E) through 
(H), and (J) through (M).
    EPA is disapproving element 110(a)(2)(D)(i)(II)--prong 4. EPA did 
not act on sections 110(a)(2)(D)(i)(I)--prongs 1 and 2, and 
110(a)(2)(I).
    A Technical Support Document (TSD) is included as part of the 
docket to discuss the details of this rulemaking.
    The proposal to approve the infrastructure SIP submission was 
published on Friday July 29, 2016, in the Federal Register. 81 FR 
49911. The comment period ended August 29, 2016. There were no comments 
on the proposal.

II. What action is EPA taking?

    The EPA is taking final action to partially approve and partially 
disapprove the January 17, 2013 submission from the State of Iowa which 
addresses the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2008 ozone NAAQS.
    Based on 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 meets the elements of sections 110(a)(1) and (2) with 
respect to the 2008 ozone NAAQS. EPA is taking final action to 
partially approve and partially disapprove the infrastructure SIP 
submission received from the State of Iowa on January 17, 2013. EPA is 
approving the following elements of section 110(a)(2): (A), (B), (C), 
(D)(i)(II)--prong 3 only, (E) through (H), and (J) through (M). EPA is 
disapproving element 110(a)(2)(D)(i)(II)--prong 4. The EPA is not 
required to take further action with respect to prong 4 because the 
CSAPR Federal Implementation Plan already in place achieves the 
necessary emission reductions. EPA did not act on sections 
110(a)(2)(D)(i)(I)--prongs 1 and 2, and 110(a)(2)(I).
    The EPA's analysis of these submissions is addressed in a TSD as 
part of the docket.

III. 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 (Public Law 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 November 21, 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, Prevention of 
significant deterioration, Reporting and recordkeeping requirements.

    Dated: September 8, 2016.
Mark Hague,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

[[Page 64349]]

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 section 52.820(e), the table is amended by adding entry (43) in 
numerical order 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.............         1/17/13  9/20/16 and        This action approves
 (2) Infrastructure                                                      [Insert Federal    the following CAA
 Requirements 2008 Ozone NAAQS.                                          Register           elements:
                                                                         citation].         110(a)(2)(A), (B),
                                                                                            (C), (D)(i)(II)--
                                                                                            prong 3 only, (E),
                                                                                            (F), (G), (H), (J),
                                                                                            (K), (L), and (M).
                                                                                            110(a)(2)(D)(i)(II)-
                                                                                            -prong 4 is
                                                                                            disapproved.
                                                                                            110(a)(2)(I) is not
                                                                                            applicable. [EPA-R07-
                                                                                            OAR-2016-0407; FRL-
                                                                                            9952-55-Region 7].
 
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[FR Doc. 2016-22503 Filed 9-19-16; 8:45 am]
 BILLING CODE 6560-50-P