[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43846-43848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19935]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0208; FRL-9967-93-Region 7]


Approval of Implementation Plans; State of Iowa; Elements of the 
Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National 
Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve elements of a State Implementation Plan (SIP) 
submission, and an amended SIP submission from the State of Iowa for 
the 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality 
Standard (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.

DATES: This direct final rule will be effective November 20, 2017, 
without further notice, unless EPA receives adverse comment by October 
20, 2017. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0208, to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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 https://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 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. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is approving elements of the 2010 NO2 NAAQS 
infrastructure SIP submission from the State of Iowa received on July 
29, 2013, and an amended SIP submission received on March 9, 2017. 
Specifically, EPA is approving the following elements of section 
110(a)(2): (A), (B), (C), (D)(i)(I)--significant contribution to 
nonattainment (prong 1), interfering with maintenance of the NAAQS 
(prong 2) and (D)(i)(II)--prevent of significant deterioration of air 
quality (prong 3), and (D)(ii), (E) through (H), and (J) through (M). 
EPA is not acting on the elements of section 110(a)(2)(D)(i)(II)--
protection of visibility (prong 4), and 110(a)(2)(I).
    A Technical Support Document (TSD) is included as part of this 
docket to discuss the details of this action, including analysis of how 
the SIP meets the applicable 110 requirements for infrastructure SIPs.

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 state initiated 
public comment from April 6, 2013, to May 8, 2013. One comment was 
received and adequately addressed in the final SIP submission. The 
amended submission was placed on public comment January 12, 2017, to 
February 15, 2017. No comments were received. These submissions 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 docket, the revisions meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

III. What action is EPA taking?

    EPA is approving elements of the July 23, 2013, (received July 29, 
2013) infrastructure SIP submission from the State of Iowa, which 
addresses the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2010 NO2 NAAQS. As stated above, EPA is 
approving the following elements of section 110(a)(2): (A), (B), (C), 
(D)(i)(I)--significant contribution to nonattainment (prong 1), 
interfering with maintenance of the NAAQS (prong 2) and (D)(i)(II)--
prevent significant deterioration of air quality (prong 3), and 
(D)(ii), (E) through (H), and (J) through (M). The March 1, 2017, SIP 
amendment, revised 110(a)(2)(D)(i)(I). Details of the submission are 
addressed in the TSD, included as part of the docket, to discuss this 
approval action.
    EPA is not taking action on section 110(a)(2)(I). Section 
110(a)(2)(I) requires that in the case of a plan or plan revision for 
areas designated as nonattainment areas, states must meet applicable 
requirements of part D of the CAA, relating to SIP requirements for 
designated nonattainment areas. EPA does not expect infrastructure SIP 
submissions to address element (I). The specific SIP submissions for 
designated nonattainment areas, as required under CAA title I, part D, 
are subject to different submission schedules than those for section 
110 infrastructure elements. EPA will take action on part D attainment 
plan SIP submissions through a separate rulemaking governed by the 
requirements for nonattainment areas, as described in part D.
    EPA is not taking action on section 110(a)(2)(D)(i)(II), prong 4.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP

[[Page 43847]]

revision if adverse comments are received on this direct final rule. We 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document. If EPA receives adverse comment, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

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 November 20, 2017. 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, Nitrogen dioxide, Reporting and 
recordkeeping requirements.

    Dated: September 8, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amending 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(e) is amended by adding new entry (47) in numerical 
order at the end of the table to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Iowa Nonregulatory SIP Provisions
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                                                              State
   Name of nonregulatory SIP     Applicable  geographic     submittal      EPA approval         Explanation
           revision             or  nonattainment  area       date             date
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                                                  * * * * * * *
(47) Sections 110(a)(1) and     Statewide..............   7/23/13, 3/1/  9/20/2017,        This action addresses
 (2) Infrastructure                                                  17   [Insert Federal   the following CAA
 Requirements 2010 Nitrogen                                               Register          elements:
 Dioxide NAAQS.                                                           citation].        110(a)(2)(A), (B),
                                                                                            (C), (D)(i)(I)
                                                                                            prongs 1 and 2,
                                                                                            D(i)(II) prong 3
                                                                                            only, and D(ii),
                                                                                            (E), (F), (G), (H),
                                                                                            (J), (K), (L), and
                                                                                            (M). 110(a)(2)(I) is
                                                                                            not applicable. [EPA-
                                                                                            R07-OAR-2017-0208;
                                                                                            FRL-9967-93-Region
                                                                                            7].
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[[Page 43848]]

[FR Doc. 2017-19935 Filed 9-19-17; 8:45 am]
 BILLING CODE 6560-50-P