[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46984-46986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17712]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0378; FRL-8704-02-R7]


Air Plan Approval; Iowa; Infrastructure State Implementation Plan 
Requirements for the 2015 Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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: This final rule is effective on September 22, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0378. 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: Jason Heitman, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner 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 the rulemaking docket.

Table of Contents

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a sip revision been met?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews

I. Background

    On June 29, 2021, the EPA proposed to approve Iowa's infrastructure 
SIP submission for the 2015 O3 NAAQS in the Federal Register 
(86 FR 34175). The EPA solicited comments on the proposed approval of 
the infrastructure SIP submission and received no comments.

II. What is being addressed in this document?

    The EPA is approving 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 approving Iowa's SIP as 
meeting 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 Technical Support Document (TSD) in the docket provides 
additional details of this action, including an analysis of how the SIP 
meets the applicable CAA section 110 requirements for infrastructure 
SIPs.

III. Have the requirements for approval of a SIP revision been met?

    The State met the public notice requirements for SIP submissions in 
accordance with 40 CFR 51.102. The EPA determined that the submission 
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 infrastructure SIP submission meets 
the substantive SIP requirements of the CAA, including section 110 and 
implementing regulations. The public comment period on the EPA's 
proposed rule opened June 29, 2021, the date of its publication in the 
Federal Register and closed on July 29, 2021. During this period, the 
EPA received no comments.

IV. What action is the EPA taking?

    The EPA is approving elements of the November 30, 2018, submission 
from the State of Iowa addressing the infrastructure elements for the 
2015 O3 NAAQS. Specifically, the EPA is approving Iowa's SIP 
as meeting 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 intends to act on the elements of section 
110(a)(2)(D)(i)(I)--prong 1 and prong 2 in a subsequent rulemaking. The 
EPA is not addressing Section 110(a)(2)(I) as it is the EPA's 
interpretation of the CAA that these elements do not need to be 
addressed in the context of an infrastructure SIP submission.

[[Page 46985]]

    Based upon 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, the EPA finds that 
Iowa's SIP meets all applicable required elements of sections 110(a)(1) 
and (2) (except as otherwise noted) with respect to the 2015 
O3 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);
     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 October 22, 2021. 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, Infrastructure, Intergovernmental relations, Ozone.

    Dated: August 12, 2021.
Edward H. 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 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 or   submittal    EPA approval date       Explanation
            provision                nonattainment area         date
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                                                  * * * * * * *
(54)Section 110(a)(2)             Statewide...............     11/30/18  8/23/21, [Insert     [EPA-R07-OAR-2021-
 Infrastructure Requirements for                                          Federal Register     0378; FRL-8704-02-
 the 2015 O3 NAAQS.                                                       citation].           Region 7].
                                                                                              This action
                                                                                               addresses the
                                                                                               following CAA
                                                                                               elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(i)(II)--prong
                                                                                               s 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. 2021-17712 Filed 8-20-21; 8:45 am]
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