[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46887-46889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19071]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0332; FRL-9998-89-Region 7]
Approval of Iowa and Nebraska Air Quality Implementation Plans;
Infrastructure SIP Requirements for the 2012 Annual Fine Particulate
Matter (PM2.5) National Ambient Air Quality Standard Interstate
Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) submissions from Iowa
Department of Natural Resources (IDNR) and Nebraska Department of
Environmental Quality (NDEQ) for the 2012 Annual Fine Particulate
Matter (PM2.5) National Ambient Air Quality Standard
(NAAQS). The Clean Air Act (CAA) requires that each state adopt and
submit a SIP that provides for the implementation, maintenance, and
enforcement of each NAAQS promulgated by the EPA, commonly referred to
as ``infrastructure'' SIPs. In this action the EPA is taking final
action to approve the interstate transportation obligations of the
State's 2012 PM2.5 NAAQS infrastructure SIP submittals.
DATES: This final rule is effective on October 7, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0332. All documents in the docket are
listed on the https://www.regulations.gov website. 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 through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7214, email
address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP submission been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
This final rulemaking approves certain elements of the
infrastructure SIP submissions from Iowa received on December 22, 2015,
and from Nebraska received on February 22, 2016. Specifically, the EPA
is approving the following elements of section
[[Page 46888]]
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong
1), and interfering with maintenance of the NAAQS (prong 2). The
background for this action is discussed in detail in EPA's proposed
rulemaking published in the Federal Register on June 26, 2019 (84 FR
30062).
II. Have the requirements for approval of a SIP submission been met?
The state's submissions have met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state of Iowa
held a 30-day comment period, and a public hearing on November 16,
2015. No oral or written comments were received. The state of Nebraska
held a public comment period from November 23, 2015, to December 29,
2015. The state received no comments during the public comment period.
A public hearing was held on December 29, 2015. The submissions
satisfied the completeness criteria of 40 CFR part 51, appendix V.
III. The EPA's Response to Comments
The public comment period on EPA's proposed rule opened June 26,
2019, the date of its publication in the Federal Register and closed on
July 26, 2019. During this period, the EPA received no comments on the
action.
IV. What action is the EPA taking?
The EPA is taking final action to approve the following elements of
Iowa's December 22, 2015, and Nebraska's February 22, 2016,
infrastructure SIP submissions: Section 110(a)(2)(D)(i)(I)--significant
contribution to nonattainment (prong 1), and interfering with
maintenance of the NAAQS (prong 2) as applicable to the 2012 Annual
PM2.5 NAAQS.
V. 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, the 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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 5, 2019. 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, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxides.
Dated: August 26, 2019.
Edward Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the 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. In Sec. 52.820, the table in paragraph (e) is amended by adding
entry ``(51)'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
[[Page 46889]]
EPA-Approved Iowa Nonregulatory Provisions
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Applicable
Name of nonregulatory SIP geographic or State EPA Approval date Explanation
provision nonattainment area submittal date
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* * * * * * *
(51) Section 110(a)(2) Statewide......... 12/15/2015 9/6/2019, [insert This action approves
(D)(i)(I)--significant Federal Register the following CAA
contribution to nonattainment citation]. elements: 110(a)(1)
(prong 1), and interfering and 110(a)(2
with maintenance of the NAAQs (D)(i)(I)--prongs 1
(prong 2) (Interstate and 2 [EPA-R07-OAR-
Transport) Infrastructure 2019-0332; FRL-9998-89-
Requirements for the 2012 Region 7].
Annual Fine Particulate Matter
(PM2.5) NAAQS.
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Subpart CC--Nebraska
0
3. In Sec. 52.1420, the table in paragraph (e) is amended by adding
entry ``(36)'' to read as follows:
Sec. 52.1420 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nebraska Nonregulatory Provisions
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Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
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* * * * * * *
(36) Section 110(a)(2) Statewide......... 2/22/2016 9/6/2019, [insert This action approves
(D)(i)(I)--significant Federal Register the following CAA
contribution to nonattainment citation]. elements: 110(a)(1)
(prong 1), and interfering and 110(a)(2
with maintenance of the NAAQs (D)(i)(I)--prongs 1
(prong 2) (Interstate and 2 [EPA-R07-OAR-
Transport) Infrastructure 2019-0332; FRL-9998-89-
Requirements for the 2012 Region 7].
Annual Fine Particulate Matter
(PM2.5) NAAQS.
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[FR Doc. 2019-19071 Filed 9-5-19; 8:45 a.m.]
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