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Partial Approval and Partial Disapproval of Implementation Plans; State of Iowa; Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard (NAAQS)

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Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is taking final action to partially approve and partially disapprove elements of the State Implementation Plan (SIP) submission from the State of Iowa addressing the applicable requirements of the Clean Air Act (CAA) section 110 for the 2008 ozone NAAQS. Section 110 requires that each state adopt and submit a SIP 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 October 21, 2016.

ADDRESSES:

EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2016-0407. All documents in the docket are listed on the www.regulations.gov Web site. 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 electronically at Start Printed Page 64348 www.regulations.gov and at EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. Please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at Hamilton.heather@epa.gov.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Throughout this document “we,” “us,” and “our” refer to EPA. This section provides additional information by addressing the following:

I. What is being addressed in this document?

II. What action is EPA taking?

III. Statutory and Executive Order Reviews

I. What is being addressed in this document?

EPA is taking final action to partially approve and partially disapprove the infrastructure SIP submission received from the State of Iowa on January 17, 2013. EPA is approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)—prong 3 only, (E) through (H), and (J) through (M).

EPA is disapproving element 110(a)(2)(D)(i)(II)—prong 4. EPA did not act on sections 110(a)(2)(D)(i)(I)—prongs 1 and 2, and 110(a)(2)(I).

A Technical Support Document (TSD) is included as part of the docket to discuss the details of this rulemaking.

The proposal to approve the infrastructure SIP submission was published on Friday July 29, 2016, in the Federal Register. 81 FR 49911. The comment period ended August 29, 2016. There were no comments on the proposal.

II. What action is EPA taking?

The EPA is taking final action to partially approve and partially disapprove the January 17, 2013 submission from the State of Iowa which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2008 ozone NAAQS.

Based on 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, EPA believes that Iowa's SIP meets the elements of sections 110(a)(1) and (2) with respect to the 2008 ozone NAAQS. EPA is taking final action to partially approve and partially disapprove the infrastructure SIP submission received from the State of Iowa on January 17, 2013. EPA is approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)—prong 3 only, (E) through (H), and (J) through (M). EPA is disapproving element 110(a)(2)(D)(i)(II)—prong 4. The EPA is not required to take further action with respect to prong 4 because the CSAPR Federal Implementation Plan already in place achieves the necessary emission reductions. EPA did not act on sections 110(a)(2)(D)(i)(I)—prongs 1 and 2, and 110(a)(2)(I).

The EPA's analysis of these submissions is addressed in a TSD as part of the docket.

III. 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, 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 (Public Law 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 Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; 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 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 21, 2016. 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).)

Start List of Subjects

List of Subjects in 40 CFR Part 52

  • Environmental protection
  • Air pollution control
  • Incorporation by reference
  • Intergovernmental relations
  • Ozone
  • Prevention of significant deterioration
  • Reporting and recordkeeping requirements
End List of Subjects Start Signature

Dated: September 8, 2016.

Mark Hague,

Regional Administrator, Region 7.

End Signature

For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below:

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PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

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Subpart Q—Iowa

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2. In section 52.820(e), the table is amended by adding entry (43) in numerical order to read as follows:

End Amendment Part
Identification of plan.
* * * * *

(e) * * *

EPA-Approved Iowa Nonregulatory SIP Provisions

Name of non-regulatory SIP revisionApplicable geographic or nonattainment areaState submittal dateEPA Approval dateExplanation
*         *         *         *         *         *         *
(43) Sections 110(a)(1) and (2) Infrastructure Requirements 2008 Ozone NAAQSStatewide1/17/139/20/16 and [Insert Federal Register citation]This action approves the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II)—prong 3 only, (E), (F), (G), (H), (J), (K), (L), and (M). 110(a)(2)(D)(i)(II)—prong 4 is disapproved. 110(a)(2)(I) is not applicable. [EPA-R07-OAR-2016-0407; FRL-9952-55-Region 7].
*         *         *         *         *         *         *
End Supplemental Information

[FR Doc. 2016-22503 Filed 9-19-16; 8:45 am]

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