Rule2022-08028
Air Plan Approval; Iowa; 2015 Ozone NAAQS Interstate Transport Requirements
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
April 15, 2022
Effective
May 16, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 CAA.
Full Text
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<title>Federal Register, Volume 87 Issue 73 (Friday, April 15, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08028]
[[Page 22463]]
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ENVIRONMENTAL PROTECTION AGENCY
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
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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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
CAA.
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 <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.,
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 <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: 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: <a href="/cdn-cgi/l/email-protection#deadaab1b0bbf0a9b7b2b2b7bfb39ebbaebff0b9b1a8"><span class="__cf_email__" data-cfemail="6112150e0f044f16080d0d08000c210411004f060e17">[email protected]</span></a>.
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:
<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).
<bullet> 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).
<bullet> 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).
<bullet> 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:
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 ``(55)'' in numerical order to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Iowa Nonregulatory Provisions
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Applicable
Name of non regulatory SIP geographic or State
provision nonattainment submittal EPA approval date Explanation
area date
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* * * * * * *
(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
significantly
contribute to ozone
nonattainment or
maintenance in any
other state. This
submittal is approved
as meeting the
requirements of Clean
Air Act section
110(a)(2)(D)(i)(I).
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[FR Doc. 2022-08028 Filed 4-14-22; 8:45 am]
BILLING CODE 6560-50-P
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