[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Proposed Rules]
[Pages 34175-34177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13824]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0378; FRL-10024-86-Region 7]
Air Plan Approval; Iowa; Infrastructure State Implementation Plan
Requirements for the 2015 Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve certain elements of a State Implementation Plan (SIP)
submission from the State of Iowa addressing the applicable
requirements of section 110 of the Clean Air Act (CAA) for the 2015
Ozone (O3) National Ambient Air Quality Standard (NAAQS).
Section 110 requires that each state adopt and submit a SIP revision 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: Comments must be received on or before July 29, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0378 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner
[[Page 34176]]
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7664; email
address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA. A technical support document (TSD) is
included in this proposed rulemaking docket.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0378, at https://www.regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve the infrastructure SIP submission
received from the state on November 30, 2018 in accordance with section
110(a)(1) of the CAA. Specifically, the EPA is proposing to approve the
following infrastructure elements of section 110(a)(2) of the CAA: (A)
through (C), (D)(i)(II)--prevention of significant deterioration of air
quality (prong 3) and protection of visibility (prong 4), (D)(ii), (E)
through (H), and (J) through (M). Elements of section
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 1)
and interfering with maintenance of the NAAQS (prong 2) will be
addressed in a separate action.
Section 110(a)(2)(I) was discussed in the submission, however, the
EPA does not expect infrastructure SIP submissions to address element
(I). Section 110(a)(2)(I) requires states to meet the applicable SIP
requirements of part D of the CAA relating to designated nonattainment
areas. The specific part D submissions for designated nonattainment
areas are subject to different submission schedules than those for
section 110 infrastructure elements. The EPA will act on part D
attainment plan SIP submissions through a separate rulemaking governed
by the requirements for nonattainment areas, as described in part D.
A TSD is included as part of the docket to discuss the details of
this proposed action, including an analysis of how the SIP meets the
applicable 110 requirements for infrastructure SIPs.
III. 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. The
state provided a public comment period for this SIP revision from
September 18, 2018 to October 19, 2018, and received two comments
related to a request for more stringent ozone requirements and an
increase in ozone monitors. The state provided an adequate response to
these comments. In addition, as explained in more detail in the TSD
which is part of this docket, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
IV. What action is EPA taking?
The EPA is proposing to approve elements of the November 30, 2018,
submission addressing the infrastructure elements for the 2015
O3 NAAQS. Specifically, the EPA is proposing to approve the
following infrastructure elements of section 110(a)(2): (A) through(C),
(D)(i)(II) prong 3 and prong 4, (D)(ii), (E) through (H), (J) through
(M). The EPA is not acting on the elements of section
110(a)(2)(D)(i)(I)--prong 1 and prong 2 at this time. Section
110(a)(2)(I) was discussed in the submission as not being an applicable
element and the EPA does not expect section 110(a)(2)(I) to be
addressed in an infrastructure SIP submission. The EPA's analysis of
the submission is addressed in a TSD which is part of this docket.
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.
V. Statutory and Executive Order Reviews
Under the Clean Air Act (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 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).
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
[[Page 34177]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Infrastructure, Intergovernmental relations, Ozone.
Dated: June 22, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the 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. In Sec. 52.820, the table in paragraph (e) is amended by adding the
entry ``(54)'' in numerical order to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Iowa Nonregulatory Provisions
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State
Name of nonregulatory SIP Applicable geographic submittal EPA approval date Explanation
provision or nonattainment area date
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* * * * * * *
(54)Section 110(a)(2) Statewide............. 11/30/18 [Date of [EPA-R07-OAR-2021-0
Infrastructure Requirements for publication of the 378; FRL-10024-86-
the 2015 O3 NAAQS. final rule in the Region 7].
Federal Register], This action
[Federal Register proposes to
citation of the approve the
final rule]. following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(II)--
prongs 3 and 4,
(D)(ii), (E), (F),
(G), (H), (J),
(K), (L), and (M).
110(a)(2)(D)(i)(I)
-prongs 1 and 2
will be addressed
in a separate
action.
110(a)(2)(I) is
not applicable.
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[FR Doc. 2021-13824 Filed 6-28-21; 8:45 am]
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