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

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)

Federal Register Volume 81, Number 146 (Friday, July 29, 2016)

Proposed Rules

Pages 49911-49913

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2016-17787

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

EPA-R07-OAR-2016-0407; FRL-9949-67-Region 7

Partial Approval and Partial Disapproval of Implementation Plans; State of Iowa; Infrastructure SIP Requirements for the 2008 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 partially approve and partially disapprove elements of a State Implementation Plan (SIP) submission from the State of Iowa for the 2008 National Ambient Air Quality Standards (NAAQS) for ozone. Infrastructure SIPs address the applicable requirements of Clean Air Act (CAA) section 110, which requires that each state adopt and submit a SIP

Page 49912

for 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 August 29, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-

OAR-2016-0407, to http://www.regulations.gov. Follow the online instructions for submitting comments. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Air Planning and Development Branch, U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-

7039; email address: hamilton.heather@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' refer to EPA. A detailed technical support document (TSD) is included in this rulemaking docket to address the following: A description of Clean Air Act section 110(a)(1) and (2) infrastructure SIPs; the applicable elements under sections 110(a)(1) and (2); EPA's approach to the review of infrastructure SIP submissions, and EPA's evaluation of how Iowa addressed the relevant elements of sections 110(a)(1) and (2). This section provides additional information by addressing the following questions:

1. What is being addressed in this document?

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

3. What action is EPA taking?

1. What is being addressed in this document?

   The EPA is proposing to partially approve and partially disapprove the infrastructure SIP submission from the State of Iowa received on January 17, 2013. Specifically, EPA proposes to approve 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 proposes to disapprove element (D)(i)(II)--prong 4. EPA will not be acting on sections (D)(i)(I)--prongs 1 and 2, and (I).

   A Technical Support Document (TSD) is included as part of the docket to discuss the details of this proposal, including analysis of how the SIP meets the applicable 110 requirements for infrastructure SIPs.

2. 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. In addition, as explained above and in more detail in the TSD which is part of this document, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations.

3. What action is EPA taking?

   The EPA is proposing to partially approve and partially disapprove the January 17, 2013 infrastructure SIP 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. As stated above, EPA proposes to approve 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 proposes to disapprove element (D)(i)(II)--prong 4. Details of the submission are addressed in a TSD as part of the docket to discuss the proposal.

   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.

4. Statutory and Executive Order Review

   Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 proposed 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 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).

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5. Statutory Authority

   The statutory authority for this action is provided by section 110 of the CAA, as amended (42 U.S.C. 7410).

   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.

   Dated: July 18, 2016.

   Mark Hague,

   Regional Administrator, Region 7.

   For the reasons stated in the preamble, 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 ``(43) Sections 110(a)(1) and (2) Infrastructure Requirements 2008 Ozone NAAQS'' in numerical order to read as follows:

      Sec. 52.820 Identification of plan.

      * * * * *

      (e) * * *

      EPA-Approved Iowa Nonregulatory Provisions

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      Name of nonregulatory SIP Applicable geographic State

      provision or nonattainment area submittal date EPA approval date Explanation

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      * * * * * * *

      (43) Sections 110(a)(1) and Statewide............. 1/17/13 7/29/16 Insert This action addresses

      (2) Infrastructure Federal Register the following CAA

      Requirements 2008 Ozone NAAQS. citation. 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)(I) is not

      applicable. EPA-R07-

      OAR-2016-0407; FRL-

      9949-67-Region 7.

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      FR Doc. 2016-17787 Filed 7-28-16; 8:45 am

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