[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Rules and Regulations]
[Pages 22463-22464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08028]

[[Page 22463]]



40 CFR Part 52

[EPA-R07-OAR-2021-0870; EPA-HQ-OAR-2021-0663; FRL-9468-02-R7]

Air Plan Approval; Iowa; 2015 Ozone NAAQS Interstate Transport 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Iowa as 
meeting the Clean Air Act (CAA) requirement that each State's SIP 
contain adequate provisions to prohibit emissions that will 
significantly contribute to nonattainment or interfere with maintenance 
of the 2015 8-hour ozone national ambient air quality standards (NAAQS) 
in any other state. This action is being taken in accordance with the 

DATES: This final rule is effective on May 16, 2022.

ADDRESSES: The EPA has established dockets for this action under Docket 
ID No. EPA-R07-OAR-2021-0870 with additional supporting documentation 
included in Docket ID No. EPA-HQ-OAR-2021-0663. All documents in the 
dockets 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: William Stone, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7714; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 22, 2022, EPA published a notice of proposed rulemaking 
(NPRM) for the State of Iowa. See 87 FR 9477. The NPRM proposed 
approval of an Iowa SIP revision that addresses the CAA requirement 
prohibiting emissions from the State that significantly contribute to 
nonattainment or interfere with maintenance of the 2015 8-hour ozone 
NAAQS in other states. See CAA section 110(a)(2)(D)(i)(I) (the ``good 
neighbor provision''). The SIP revision was submitted to EPA by Iowa on 
November 30, 2018. The rationale for EPA's proposed action is given in 
the NPRM and will not be repeated here.
    The EPA solicited comments on the proposed revision to Iowa's SIP 
and received no comments.

II. Final Action

    EPA is approving an Iowa SIP revision, which was submitted on 
November 30, 2018. This submission is approved as meeting CAA section 
110(a)(2)(D)(i)(I) requirements that Iowa's SIP includes adequate 
provisions prohibiting any source or other type of emissions activity 
within the State from emitting any air pollutant in amounts that will 
contribute significantly to nonattainment or interfere with maintenance 
of the 2015 ozone NAAQS in any other state.

III. 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).
     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, 
     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 14, 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

[[Page 22464]]

    Dated: April 11, 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:


1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart Q--Iowa

2. In Sec.  52.820, the table in paragraph (e) is amended by adding the 
entry ``(55)'' in numerical order to read as follows:

Sec.  52.820   Identification of plan.

* * * * *
    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
  Name of non  regulatory SIP       geographic or         State
           provision                nonattainment       submittal     EPA approval date        Explanation
                                        area              date
                                                  * * * * * * *
(55) Transport SIP for the 2015  Statewide.........      11/30/2018  April 15, 2022,     [EPA-R07-OAR-2021-0870;
 Ozone Standard.                                                      [insert Federal     EPA-HQ-OAR-2021-0663;
                                                                      Register            FRL-9468-02-R7]. This
                                                                      citation].          transport SIP shows
                                                                                          that Iowa does not
                                                                                          contribute to ozone
                                                                                          nonattainment or
                                                                                          maintenance in any
                                                                                          other state. This
                                                                                          submittal is approved
                                                                                          as meeting the
                                                                                          requirements of Clean
                                                                                          Air Act section

[FR Doc. 2022-08028 Filed 4-14-22; 8:45 am]