Rule2021-17712
Air Plan Approval; Iowa; Infrastructure State Implementation Plan Requirements for the 2015 Ozone National Ambient Air Quality Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2021
Effective
September 22, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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 (O<INF>3</INF>) 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17712]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 (O<INF>3</INF>) 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#650d000c1108040b4b0f04160a0b250015044b020a13"><span class="__cf_email__" data-cfemail="fe969b978a939f90d0949f8d9190be9b8e9fd0999188">[email protected]</span></a>.
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 O<INF>3</INF> 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 O<INF>3</INF> 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
O<INF>3</INF> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
<bullet> 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
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic or submittal EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(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.
----------------------------------------------------------------------------------------------------------------
[[Page 46986]]
[FR Doc. 2021-17712 Filed 8-20-21; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 23, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.