[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Rules and Regulations]
[Pages 20329-20331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0932; FRL-9461-02-R7]


Air Plan Approval; Iowa; Determination of Attainment by the 
Attainment Date for the 2010 1-Hour Sulfur Dioxide Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to determine that the Muscatine sulfur dioxide (SO2) 
nonattainment area attained the 2010 1-hour SO2 primary 
national ambient air quality standard (NAAQS) by the applicable 
attainment date of October 4, 2018, based upon a weight-of-evidence 
analysis using available air quality information. Additional analysis 
of the attainment determination is provided in a Technical Support 
Document (TSD) included in the docket to this rulemaking. This action 
addresses the EPA's obligation under a consent decree which established 
a deadline of March 31, 2022 for the EPA to determine under Clean Air 
Act (CAA) section 179(c) whether the Muscatine SO2 
nonattainment area attained the NAAQS by the October 4, 2018, 
attainment date. The consent decree deadline was extended to June 30, 
2022.

DATES: This final rule is effective on May 9, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0932. 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., 
confidential business information (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 EPA.

Table of Contents

I. What is being addressed in this document?
II. Determination
III. Final Action
IV. Environmental Justice Concerns
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is taking final action to determine that the Muscatine 
SO2 nonattainment area attained the 2010 1-hour 
SO2 primary NAAQS by the applicable attainment date of 
October 4, 2018, based upon a weight-of-evidence analysis using 
available air quality information. This action also fulfills the EPA's 
obligation under a consent decree in Center for Biological Diversity, 
et al. v. Regan, No. 3:20-cv-05436-EMC (N.D. Cal June 25, 2021), which 
established a deadline of March 31, 2022, for the EPA to determine 
under CAA section 179(c) whether the Muscatine SO2 
nonattainment area attained the NAAQS by the October 4, 2018, 
attainment date. The consent decree deadline was extended by 
stipulation to June 30, 2022.

II. Determination

    CAA section 179(c)(1) requires the Agency to ``determine, based on 
the area's air quality as of the attainment date, whether the area 
attained the standard by that date.''
    On January 26, 2022, the EPA published a notice of proposed 
rulemaking (NPRM) to determine that the Muscatine SO2 
nonattainment area attained the NAAQS by the October 4, 2018, 
attainment date. (87 FR 3958) During the comment period on EPA's NPRM, 
open from January 26, 2022, to February 25, 2022, EPA received no 
comments.
    As discussed in the NPRM, the EPA first assessed what air quality 
information was available related to making a determination of 
attainment by the attainment date for the Muscatine area. The EPA chose 
to employ a weight-of-evidence approach for making this determination 
because the EPA does not have any analysis (including modeling) 
associated with the monitor siting to demonstrate that the monitors 
record maximum ambient SO2 concentrations in the NAA, nor 
does EPA have modeling of actual emissions to support a determination 
based on modeled ambient concentrations whether the area attained the 
NAAQS by the attainment date. The available modeling of permitted 
allowable emissions in the area, as discussed in the NPRM, does not on 
its own provide a basis for determining whether the area attained by 
the attainment date. Thus, EPA relied upon SO2 emissions 
data and trends, relevant air monitoring data and trends, 
SO2 monitoring data incorporated with local meteorological 
data, as well as available modeling information in order to make its 
determination under CAA section 179(c)(1).
    The EPA finds that the analysis of multiple types of air-quality 
related information supports our determination and is consistent with 
section 179(c)(1)'s direction to determine the area's air quality as of 
the attainment date. Further detail on EPA's weight-of-evidence 
analysis is contained in the NPRM and TSD included in the docket for 
this action.
    As discussed in the NPRM and in the TSD, we find that the weight of 
the available evidence indicates that the Muscatine area attained the 
2010 1-hour SO2 NAAQS in the 2015-2017

[[Page 20330]]

timeframe by the October 4, 2018, attainment date. Specifically, the 
significant reductions in emissions during the relevant time period 
from sources within the nonattainment area and a nearby source outside 
the nonattainment area, coupled with corresponding decreased monitored 
SO2 concentrations within the nonattainment area during that 
same time period lead us to our determination that the area attained by 
its attainment date.

III. Final Action

    The EPA conducted a weight-of-evidence analysis, described in 
detail in the NPRM and the TSD, to determine if the Muscatine 
SO2 nonattainment area attained the 2010 1-hour 
SO2 NAAQS by the October 4, 2018, attainment date by 
evaluating all available technical information and data relevant to the 
SO2 air quality (e.g., emissions, monitoring, meteorological 
data, and modeling) in the Muscatine, Iowa, area. Based on the analysis 
and information presented in the NPRM and the TSD contained in the 
docket for this action, the EPA determines that the Muscatine 
SO2 NAA attained the 2010 1-hour SO2 standard by 
the applicable attainment date of October 4, 2018, consistent with CAA 
section 179(c)(1).
    On January 26, 2022, the EPA published a NPRM to determine that the 
Muscatine SO2 nonattainment area attained the NAAQS by the 
October 4, 2018, attainment date. (87 FR 3958) The EPA sought public 
comment on the proposed determination and received no comments. 
Therefore, the EPA is finalizing the determination as proposed.
    In addition, this action addresses EPA's obligation under a consent 
decree in Center for Biological Diversity, et al. v. Regan, which 
established a deadline of March 31, 2022, for the EPA to determine 
under CAA section 179(c) whether the Muscatine County SO2 
nonattainment area attained the NAAQS by the October 4, 2018, 
attainment date. The consent decree deadline was extended by 
stipulation to June 30, 2022.
    This action does not constitute a redesignation of the Muscatine 
SO2 NAA to attainment for the 2010 1-hour SO2 
NAAQS under CAA section 107(d)(3) because we have not yet approved a 
maintenance plan for the area as meeting the requirements of section 
175A of the CAA and have not determined that the area has met the other 
CAA section 107(d)(3)(E) requirements for redesignation. The 
classification and designation status in 40 CFR part 81 will remain 
nonattainment until the EPA has determined that Iowa has met the CAA 
requirements for redesignation to attainment for the Muscatine 
SO2 nonattainment area.

IV. Environmental Justice Concerns

    When the EPA establishes a new or revised NAAQS, the CAA requires 
the EPA to designate all areas of the U.S. as either nonattainment, 
attainment, or unclassifiable. Area designations address environmental 
justice concerns by ensuring that the public is properly informed about 
the air quality in an area.
    The EPA utilized the EJSCREEN tool to evaluate environmental and 
demographic indicators within the area. The tool outputs report is 
contained in the docket for this action. While the EPA's EJSCREEN tool 
demonstrates that demographic indicators are consistent or lower than 
national averages, there are vulnerable populations in the area 
including low-income populations and persons over 64 years of age.
    This action addresses EPA's determination, as required by the CAA, 
of whether the Muscatine County, Iowa, area attained the 2010 1-hour 
SO2 NAAQS by the relevant attainment date. This action 
determines an area has attained the NAAQS by the relevant attainment 
date, but it does not change the geographic status of the area nor does 
it impose additional or modify existing requirements on sources. Based 
on the information presented in the NPRM and the TSD, the EPA 
determines that the air quality in the Muscatine County area is 
attaining the NAAQS. For these reasons, this action does not result in 
disproportionately high and adverse human health or environmental 
effects on minority populations, low-income populations and/or 
indigenous peoples.

V. Statutory and Executive Order Reviews

    This action determines an area has attained the NAAQS by the 
relevant attainment date and does not impose additional or modify 
existing requirements. 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
     This action does not have disproportionately high and 
adverse human health or environmental effects on minority populations, 
low-income populations and/or indigenous peoples, as specified in 
Executive Order 12898 (59 FR 7629, February 16, 1994). The basis for 
this determination is contained in section IV of this action, 
``Environmental Justice Concerns.''
     This action is subject to the Congressional Review Act, 
and the EPA will submit a rule report to each House of the Congress and 
to the Comptroller General of the United States. 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 June 6, 2022. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.


[[Page 20331]]


    Dated: March 31, 2022.
Meghan A. McCollister,
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. Revise Sec.  52.834 to read as follows:


Sec.  52.834   Control strategy: Sulfur dioxide.

    (a) Approval. On April 21, 1997, the Iowa Department of Natural 
Resources (IDNR) submitted a maintenance plan and redesignation request 
for the Muscatine County nonattainment area for the 1971 SO2 
national ambient air quality standard (NAAQS). The maintenance plan and 
redesignation request satisfy all applicable requirements of the Clean 
Air Act.
    (b) Determination of attainment by the attainment date. As of May 
9, 2022, the EPA has determined that the Muscatine, Iowa SO2 
nonattainment area has attained the 2010 1-hour SO2 primary 
NAAQS by the applicable attainment date of October 4, 2018.

[FR Doc. 2022-07291 Filed 4-6-22; 8:45 am]
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