80 FR 48791 - Approval and Promulgation of Implementation Plans; State of Iowa; Infrastructure SIP Requirements for the 2008 Lead National Ambient Air Quality Standards, Section 110(a)(2)(E)(ii), and a Supplemental SIP for Relevant Iowa Laws and Regulations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 157 (August 14, 2015)
Federal Register Volume 80, Issue 157 (August 14, 2015)
| Page Range | 48791-48793 | |
| FR Document | 2015-20029 |
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)] [Proposed Rules] [Pages 48791-48793] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20029] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0394; FRL-9932-27-Region 7] Approval and Promulgation of Implementation Plans; State of Iowa; Infrastructure SIP Requirements for the 2008 Lead National Ambient Air Quality Standards, Section 110(a)(2)(E)(ii), and a Supplemental SIP for Relevant Iowa Laws and Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) submission from the State of Iowa for the 2008 National Ambient Air Quality Standards (NAAQS) for Lead (Pb) addressing the applicable requirements of the Clean Air Act (CAA) section 110, which requires that each state adopt and submit a SIP 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. EPA is also proposing to approve a supplemental revision for the SIP to include article 1, section 2 of the Iowa Constitution, and portions of the Iowa Code and the Iowa Administrative Code to codify the relevant state laws as applied to conflict of interest provisions. DATES: Comments must be received on or before September 14, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2015-0394, by one of the following methods: 1. http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Mail: Heather Hamilton, Air Planning and Development Branch, U.S. Environmental Protection Agency, Region 7, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219. 4. Hand Delivery or Courier: Deliver your comments to Heather Hamilton, Air Planning and Development Branch, U.S. Environmental Protection Agency, Region 7, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219. Instructions: Direct your comments to Docket ID No. EPA-R07-OAR- 2015-0394. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or email information that you consider to be CBI or otherwise protected. The http://www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly [[Page 48792]] to EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and should be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the http://www.regulations.gov index. 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, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at http://www.regulations.gov or in hard copy at U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219 from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. 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: [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we 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 the Iowa addressed the relevant elements of sections 110(a)(1) and (2). This section provides additional information by addressing the following questions: I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? I. What is being addressed in this document? EPA is proposing to approve the two submissions from the State of Iowa: The infrastructure SIP submission (received November 4, 2011) from Iowa which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2008 Pb NAAQS, and the submission from Iowa (Received May 11, 2015, that codifies article 1, section 2, of the Iowa Constitution, as well as the relevant sections of the Iowa Code and the Iowa Administrative Code as they apply to conflict of interest provisions addressed in this action are referenced in the ``EPA Approved Nonregulatory SIP Provisions'' table accompanying this notice. A Technical Support Document 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 including specifically section 128 and 110(a)(2)(E). II. 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 technical support document which is part of this document, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. III. What action is EPA taking? EPA is proposing to approve the November 4, 2011, infrastructure SIP submission from Iowa which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2008 Pb NAAQS. In addition, EPA is proposing to approve the May 11 2015 submission from Iowa that codifies article 1, section 2, of the Iowa Constitution, as well as the relevant sections of the Iowa Code and the Iowa Administrative Code as they apply to conflict of interest provisions. Details of these submissions are addressed in a Technical Support Document as part of the docket to discuss the proposal. 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, EPA believes that Iowa's SIP will meet all applicable required elements of sections 110(a)(1) and (2) with respect to the 2008 Pb NAAQS. 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. 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'' under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 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). [[Page 48793]] 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). 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, Lead, Reporting and recordkeeping requirements. Dated: August 3, 2015. Mark Hague, Acting 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(e) the table is amended by adding new entries (40) and (41) in numerical order at the end of the table to read as follows: Sec. 52.820 Identification of plan. * * * * * (e) * * * EPA-Approved Iowa Nonregulatory SIP Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of non-regulatory SIP geographic or submittal EPA Approval date Explanation revision nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (40) Sections 110(a)(1) and (2) Statewide.......... 11/4/2011 8/14/2015 [Insert This action addresses Infrastructure Requirements Federal Register the following CAA 2008 Lead NAAQS. citation]. elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). 110(a)(2)(I) is not applicable. (41) Section 128 Declaration: Statewide.......... 5/1/15 8/14/2015 [Insert Conflicts of Interest Federal Register Provisions;. citation]. Constitution of the State of ................... ........... ................... This action addresses Iowa, Article 1, Section 2. the following sections of the Constitution of the State of Iowa, Article 1, section 2. Iowa Code: 4.4.(5), 7E.4, ................... ........... ................... Iowa Code: 4.4.(5) 7E.4 Chapter 68B. Chapter 68B. Iowa Administrative Code:....... ................... ........... ................... Iowa Administrative 351 IAC 6.11.................... Code: 351 IAC 6.14(2)................. 351 IAC 6.11 351 IAC 6.19.................... 351 IAC 6.14(2) 351 IAC 7.1-7.2................. 351 IAC 6.19 567 IAC 1.11(1-9)............... 351 IAC 7.1-7.2 567 IAC 1.11(1-9). ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-20029 Filed 8-13-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Proposed Rules 48791
Any parties interested in commenting listed in the index, some information is Quality Standards (NAAQS) for Lead
on this action should do so at this time. not publicly available, i.e., CBI or other (Pb) addressing the applicable
DATES: Comments must be received in information whose disclosure is requirements of the Clean Air Act (CAA)
writing by September 14, 2015. restricted by statute. Certain other section 110, which requires that each
ADDRESSES: Submit your comments, material, such as copyrighted material, state adopt and submit a SIP for the
identified by Docket ID Number EPA– is not placed on the Internet and will be implementation, maintenance, and
R03–OAR–2015–0454 by one of the publicly available only in hard copy enforcement of each new or revised
following methods: form. Publicly available docket NAAQS promulgated by the EPA. These
A. www.regulations.gov. Follow the materials are available either SIPs are commonly referred to as
on-line instructions for submitting electronically in www.regulations.gov or ‘‘infrastructure’’ SIPs. The infrastructure
comments. in hard copy during normal business requirements are designed to ensure that
B. Email: fernandez.cristina@epa.gov. hours at the Air Protection Division, the structural components of each
C. Mail: EPA–R03–OAR–2015–0454, U.S. Environmental Protection Agency, state’s air quality management program
Cristina Fernandez, Associate Director, Region III, 1650 Arch Street, are adequate to meet the State’s
Office of Air Program Planning, Air Philadelphia, Pennsylvania 19103. responsibilities under the CAA.
Protection Division, Mail code 3AP30, Copies of the State submittal are EPA is also proposing to approve a
U.S. Environmental Protection Agency, available at the Virginia Department of supplemental revision for the SIP to
Region III, 1650 Arch Street, Environmental Quality, 629 East Main include article 1, section 2 of the Iowa
Philadelphia, Pennsylvania 19103. Street, Richmond, Virginia 23219. Constitution, and portions of the Iowa
D. Hand Delivery: At the previously- FOR FURTHER INFORMATION CONTACT: Code and the Iowa Administrative Code
listed EPA Region III address. Such Maria A. Pino, (215) 814–2181, or by to codify the relevant state laws as
deliveries are only accepted during the email at pino.maria@epa.gov. applied to conflict of interest
Docket’s normal hours of operation, and SUPPLEMENTARY INFORMATION: For
provisions.
special arrangements should be made further information, please see the DATES: Comments must be received on
for deliveries of boxed information. information provided in the direct final or before September 14, 2015.
Instructions: Direct your comments to action, with the same title, that is ADDRESSES: Submit your comments,
Docket ID No EPA–R03–OAR–2015– located in the ‘‘Rules and Regulations’’ identified by Docket ID No. EPA–R07–
0454. EPA’s policy is that all comments section of this Federal Register OAR–2015–0394, by one of the
received will be included in the public publication. Please note that if EPA following methods:
docket without change, and may be receives adverse comment on an 1. http://www.regulations.gov. Follow
made available online at amendment, paragraph, or section of the on-line instructions for submitting
www.regulations.gov, including any this rule and if that provision may be comments.
personal information provided, unless severed from the remainder of the rule, 2. Email: Hamilton.heather@epa.gov.
the comment includes information EPA may adopt as final those provisions 3. Mail: Heather Hamilton, Air
claimed to be Confidential Business of the rule that are not the subject of an Planning and Development Branch, U.S.
Information (CBI) or other information adverse comment. Environmental Protection Agency,
whose disclosure is restricted by statute. Dated: August 4, 2015. Region 7, Air and Waste Management
Do not submit information that you Division, 11201 Renner Boulevard,
William C. Early,
consider to be CBI or otherwise Lenexa, Kansas 66219.
protected through www.regulations.gov Acting, Regional Administrator, Region III.
4. Hand Delivery or Courier: Deliver
or email. The www.regulations.gov Web [FR Doc. 2015–20022 Filed 8–13–15; 8:45 am] your comments to Heather Hamilton,
site is an ‘‘anonymous access’’ system, BILLING CODE 6560–50–P Air Planning and Development Branch,
which means EPA will not know your U.S. Environmental Protection Agency,
identity or contact information unless Region 7, Air and Waste Management
you provide it in the body of your ENVIRONMENTAL PROTECTION Division, 11201 Renner Boulevard,
comment. If you send an email AGENCY Lenexa, Kansas 66219.
comment directly to EPA without going 40 CFR Part 52 Instructions: Direct your comments to
through www.regulations.gov, your Docket ID No. EPA–R07–OAR–2015–
email address will be automatically [EPA–R07–OAR–2015–0394; FRL–9932–27– 0394. EPA’s policy is that all comments
captured and included as part of the Region 7] received will be included in the public
comment that is placed in the public docket without change and may be
docket and made available on the Approval and Promulgation of made available online at http://
Internet. If you submit an electronic Implementation Plans; State of Iowa; www.regulations.gov, including any
comment, EPA recommends that you Infrastructure SIP Requirements for personal information provided, unless
include your name and other contact the 2008 Lead National Ambient Air the comment includes information
information in the body of your Quality Standards, Section claimed to be Confidential Business
comment and with any disk or CD–ROM 110(a)(2)(E)(ii), and a Supplemental SIP Information (CBI) or other information
you submit. If EPA cannot read your for Relevant Iowa Laws and whose disclosure is restricted by statute.
comment due to technical difficulties Regulations Do not submit through http://
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
and cannot contact you for clarification, AGENCY: Environmental Protection www.regulations.gov or email
EPA may not be able to consider your Agency (EPA). information that you consider to be CBI
comment. Electronic files should avoid ACTION: Proposed rule. or otherwise protected. The http://
the use of special characters, any form www.regulations.gov Web site is an
of encryption, and be free of any defects SUMMARY: The Environmental Protection ‘‘anonymous access’’ system, which
or viruses. Agency (EPA) is proposing to approve means EPA will not know your identity
Docket: All documents in the elements of a State Implementation Plan or contact information unless you
electronic docket are listed in the (SIP) submission from the State of Iowa provide it in the body of your comment.
www.regulations.gov index. Although for the 2008 National Ambient Air If you send an email comment directly
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![Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Proposed Rules 48793
The SIP is not approved to apply on List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND
any Indian reservation land or in any PROMULGATION OF
other area where EPA or an Indian tribe Environmental protection, Air IMPLEMENTATION PLANS
has demonstrated that a tribe has pollution control, Incorporation by
jurisdiction. In those areas of Indian reference, Intergovernmental relations, ■ 1. The authority citation for part 52
country, the rule does not have tribal Lead, Reporting and recordkeeping continues to read as follows:
implications and will not impose requirements. Authority: 42 U.S.C. 7401 et seq.
substantial direct costs on tribal Dated: August 3, 2015.
governments or preempt tribal law as Mark Hague,
Subpart Q—Iowa
specified by Executive Order 13175 (65 Acting Regional Administrator, Region 7. ■ 2. In § 52.820(e) the table is amended
FR 67249, November 9, 2000). by adding new entries (40) and (41) in
For the reasons stated in the numerical order at the end of the table
Statutory Authority preamble, EPA proposes to amend 40 to read as follows:
The statutory authority for this action CFR part 52 as set forth below:
§ 52.820 Identification of plan.
is provided by section 110 of the CAA,
as amended (42 U.S.C. 7410). * * * * *
(e) * * *
EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
Name of non-regulatory Applicable geographic State sub- EPA Approval date Explanation
SIP revision or nonattainment area mittal date
* * * * * * *
(40) Sections 110(a)(1) Statewide ...................... 11/4/2011 8/14/2015 [Insert Fed- This action addresses the following CAA ele-
and (2) Infrastructure eral Register citation]. ments: 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
Requirements 2008 (H), (J), (K), (L), and (M). 110(a)(2)(I) is not
Lead NAAQS. applicable.
(41) Section 128 Dec- Statewide ...................... 5/1/15 8/14/2015 [Insert Fed-
laration: Conflicts of In- eral Register citation].
terest Provisions;.
Constitution of the State ....................................... .................... ....................................... This action addresses the following sections of
of Iowa, Article 1, Sec- the Constitution of the State of Iowa, Article 1,
tion 2. section 2.
Iowa Code: 4.4.(5), 7E.4, ....................................... .................... ....................................... Iowa Code: 4.4.(5) 7E.4 Chapter 68B.
Chapter 68B.
Iowa Administrative ....................................... .................... ....................................... Iowa Administrative Code:
Code:. 351 IAC 6.11
351 IAC 6.11 .................. 351 IAC 6.14(2)
351 IAC 6.14(2) .............. 351 IAC 6.19
351 IAC 6.19 .................. 351 IAC 7.1–7.2
351 IAC 7.1–7.2 ............. 567 IAC 1.11(1–9).
567 IAC 1.11(1–9) ..........
* * * * * Carriers, Inc. (Saraland) Superfund Site ADDRESSES: Submit your comments,
[FR Doc. 2015–20029 Filed 8–13–15; 8:45 am] (Site) located in Mobile County, identified by Docket ID no. EPA–HQ–
BILLING CODE 6560–50–P Alabama, from the National Priorities SFUND–1990–0010, by mail to Shelby
List (NPL) and requests public Johnston, Remedial Project Manager,
comments on this proposed action. The Superfund Restoration and
ENVIRONMENTAL PROTECTION NPL, promulgated pursuant to section Sustainability Branch, Superfund
AGENCY 105 of the Comprehensive Division, U.S. Environmental Protection
Environmental Response, Agency, Region 4, 61 Forsyth Street
40 CFR Part 300 SW., Atlanta, Georgia 30303–8960.
Compensation, and Liability Act
[EPA–HQ–SFUND–1990–0010; FRL–9932– (CERCLA) of 1980, as amended, is an Comments may also be submitted
36–Region 4] appendix of the National Oil and electronically or through hand delivery/
Hazardous Substances Pollution courier by following the detailed
National Oil and Hazardous instructions in the ADDRESSES section of
Substances Pollution Contingency Contingency Plan (NCP). The EPA and
the State of Alabama, through the the direct final rule located in the rules
Plan; National Priorities List: Deletion section of this Federal Register.
Alabama Department of Environmental
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
of the Redwing Carriers, Inc.
Management (ADEM), have determined FOR FURTHER INFORMATION CONTACT:
(Saraland) Superfund Site
that all appropriate response actions Shelby Johnston, Remedial Project
AGENCY: Environmental Protection under CERCLA have been completed. Manager, Superfund Restoration and
Agency (EPA). However, this deletion does not Sustainability Branch, Superfund
ACTION: Proposed rule; notice of intent. preclude future actions under Division, U.S. Environmental Protection
Superfund. Agency, Region 4, 61 Forsyth Street
SUMMARY: The Environmental Protection SW., Atlanta, Georgia 30303–8960, 404–
Agency (EPA) Region 4 is issuing a DATES:Comments must be received by 562–8287, email:
Notice of Intent to Delete the Redwing September 14, 2015. johnston.shelby@epa.gov.
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Document Created: 2018-02-23 10:59:25
Document Modified: 2018-02-23 10:59:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before September 14, 2015. | |
| 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- | |
| FR Citation | 80 FR 48791 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements |
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