80 FR 67335 - Approval of Air Quality State Implementation Plans (SIP); State of Iowa; Infrastructure SIP Requirements for the 2008 Lead National Ambient Air Quality Standard (NAAQS)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 211 (November 2, 2015)
Federal Register Volume 80, Issue 211 (November 2, 2015)
| Page Range | 67335-67336 | |
| FR Document | 2015-27783 |
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)] [Rules and Regulations] [Pages 67335-67336] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27783] [[Page 67335]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0394; FRL-9936-33-Region 7] Approval of Air Quality State Implementation Plans (SIP); State of Iowa; Infrastructure SIP Requirements for the 2008 Lead National Ambient Air Quality Standard (NAAQS) AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) submission from the State of Iowa addressing the applicable requirements of Clean Air Act (CAA) section 110 for the 2008 National Ambient Air Quality Standards (NAAQS) for Lead (Pb), which requires that each state adopt and submit a SIP to support implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by 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 taking final action 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 requirements of section 128 of the CAA. DATES: This final rule is effective December 2, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2015-0394. 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 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. 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: Hamilton.heather@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' or ``our'' refer to EPA. This section provides additional information by addressing the following: I. Background II. Summary of SIP Revision III. Final Action IV. Statutory and Executive Order Review I. Background On August 14, 2015, (80 FR 48791), EPA published a notice of proposed rulemaking (NPR) for the State of Iowa. The NPR proposed approval of Iowa's submission that provides the basic elements specified in section 110(a)(2) of the CAA necessary to implement, maintain, and enforce the 2008 Pb NAAQS. The NPR also proposed approval of a supplemental revision 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 requirements of Sections 110(a)(2)(E) and 128 of the CAA. II. Summary of SIP Revision On November 4, 2011, EPA received a SIP submission from the state of Iowa that addressed the infrastructure elements specified in section 110(a)(2) for the 2008 Pb NAAQS. The submission addressed the following infrastructure elements of section 110(a)(2): (A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). On May 11, 2015, EPA received a supplemental SIP submission from the state of Iowa 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 requirements of Section 128 of the CAA. The rationale for EPA's proposed action to approve the SIP submissions for specific requirements of section 110(a)(2) of the CAA, and the submission for conflict of interest provisions are explained in the NPR and will not be restated here. During the public comment period for the NPR one comment was received. The commenter stated that EPA cannot approve the Prevention of Significant Deterioration provisions unless the Particulate Matter (PM2.5 ) increments have been approved in the SIP. The PM2.5 increments, found at 567 Iowa Administrative Code, Chapter 33.3(3), were approved by EPA into the Iowa SIP on March 14, 2014. 79 FR 14402. III. Final Action EPA is approving Iowa's November 4, 2011, submission addressing the requirements of the CAA sections 110(a)(1) and (2) as applicable to the 2008 Pb NAAQS. Specifically, EPA approves the following infrastructure elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) which are necessary to implement, maintain, and enforce the 2008 Pb NAAQS, as a revision to the Iowa SIP. EPA is also approving Iowa's May 11, 2015, submission 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 requirements of Sections 110(a)(2)(E) and 128 of the CAA. IV. Statutory and Executive Order Review In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Iowa nonregulatory SIP provision described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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 [[Page 67336]] 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 Clean Air Act; 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 January 4, 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)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements. Dated: September 29, 2015. Mark Hague, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below: Chapter I, title 40 of the Code of Federal Regulations is amended as follows: 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. Amend Sec. 52.820 by adding entries (e)(41) and (42) to read as follows: Sec. 52.820 Identification of plan. * * * * * (e) * * * EPA-Approved Iowa Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable geographic Name of nonregulatory SIP area or nonattainment State EPA Approval date Explanation provision area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (40) Sections 110(a)(1) and (2) Statewide.............. 11/4/11 11/2/15 [Insert This action Infrastructure Requirements Federal Register addresses the 2008 Lead NAAQS. citation]. following CAA 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.............. 5/11/15 11/2/15 [Insert This action Conflicts of Interest Federal Register addresses the Provisions; citation]. following Constitution of the State of sections of the Iowa, Article 1, Section 2 Constitution of Iowa Code: 4.4.(5) 7E.4 Chapter the State of 68B Iowa, Article 1, Iowa Administrative Code: 351 section 2; Iowa IAC 6.11 351 IAC 6.14(2) 351 Code: 4.4.(5), IAC 6.19 351 IAC 7.1-7.2 567 7E.4, Chapter IAC 1.11(1-9) 68B; Iowa Administrative Code: 351 IAC 6.11 351 IAC 6.14(2) 351 IAC 6.19 351 IAC 7.1- 7.2 567 IAC 1.11(1-9). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-27783 Filed 10-30-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations 67335
ENVIRONMENTAL PROTECTION appointment with the office at least 24 Deterioration provisions unless the
AGENCY hours in advance. Particulate Matter (PM2.5) increments
FOR FURTHER INFORMATION CONTACT: have been approved in the SIP. The
40 CFR Part 52 Heather Hamilton, Air Planning and PM2.5 increments, found at 567 Iowa
Development Branch, U.S. Administrative Code, Chapter 33.3(3),
[EPA–R07–OAR–2015–0394; FRL–9936–33–
Environmental Protection Agency, were approved by EPA into the Iowa SIP
Region 7]
Region 7, 11201 Renner Boulevard, on March 14, 2014. 79 FR 14402.
Approval of Air Quality State Lenexa, KS 66219; telephone number: III. Final Action
Implementation Plans (SIP); State of (913) 551–7039; email address:
Iowa; Infrastructure SIP Requirements Hamilton.heather@epa.gov. EPA is approving Iowa’s November 4,
for the 2008 Lead National Ambient Air SUPPLEMENTARY INFORMATION:
2011, submission addressing the
Quality Standard (NAAQS) Throughout this document, the terms requirements of the CAA sections
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This 110(a)(1) and (2) as applicable to the
AGENCY: Environmental Protection 2008 Pb NAAQS. Specifically, EPA
section provides additional information
Agency (EPA). approves the following infrastructure
by addressing the following:
ACTION: Final rule. elements: 110(a)(2)(A), (B), (C), (D), (E),
I. Background (F), (G), (H), (J), (K), (L), and (M) which
SUMMARY: The Environmental Protection II. Summary of SIP Revision are necessary to implement, maintain,
Agency (EPA) is taking final action to III. Final Action
IV. Statutory and Executive Order Review
and enforce the 2008 Pb NAAQS, as a
approve a State Implementation Plan revision to the Iowa SIP. EPA is also
(SIP) submission from the State of Iowa I. Background approving Iowa’s May 11, 2015,
addressing the applicable requirements submission to include article 1, section
On August 14, 2015, (80 FR 48791),
of Clean Air Act (CAA) section 110 for 2 of the Iowa Constitution, and portions
EPA published a notice of proposed
the 2008 National Ambient Air Quality of the Iowa code and the Iowa
rulemaking (NPR) for the State of Iowa.
Standards (NAAQS) for Lead (Pb), Administrative Code to codify the
The NPR proposed approval of Iowa’s
which requires that each state adopt and relevant state laws as applied to conflict
submission that provides the basic
submit a SIP to support implementation, of interest requirements of Sections
elements specified in section 110(a)(2)
maintenance, and enforcement of each 110(a)(2)(E) and 128 of the CAA.
of the CAA necessary to implement,
new or revised NAAQS promulgated by
maintain, and enforce the 2008 Pb IV. Statutory and Executive Order
EPA. These SIPs are commonly referred
NAAQS. The NPR also proposed Review
to as ‘‘infrastructure’’ SIPs. The
approval of a supplemental revision to
infrastructure requirements are designed In this rule, EPA is finalizing
include article 1, section 2 of the Iowa
to ensure that the structural components regulatory text that includes
Constitution, and portions of the Iowa
of each state’s air quality management incorporation by reference. In
Code and the Iowa Administrative Code
program are adequate to meet the state’s accordance with requirements of 1 CFR
to codify the relevant state laws as
responsibilities under the CAA. 51.5, EPA is finalizing the incorporation
applied to conflict of interest
EPA is also taking final action to by reference of the Iowa nonregulatory
requirements of Sections 110(a)(2)(E)
approve a supplemental revision for the SIP provision described in the
and 128 of the CAA.
SIP to include article 1, section 2 of the amendments to 40 CFR part 52 set forth
Iowa Constitution, and portions of the II. Summary of SIP Revision below. EPA has made, and will continue
Iowa Code and the Iowa Administrative On November 4, 2011, EPA received to make, these documents generally
Code to codify the relevant state laws as a SIP submission from the state of Iowa available electronically through
applied to conflict of interest that addressed the infrastructure www.regulations.gov and/or in hard
requirements of section 128 of the CAA. elements specified in section 110(a)(2) copy at the appropriate EPA office (see
DATES: This final rule is effective for the 2008 Pb NAAQS. The the ADDRESSES section of this preamble
December 2, 2015. submission addressed the following for more information).
ADDRESSES: EPA has established a infrastructure elements of section Under the CAA the Administrator is
docket for this action under Docket ID 110(a)(2): (A), (B), (C), (D), (E), (F), (G), required to approve a SIP submission
No. EPA–R07–OAR–2015–0394. All (H), (J), (K), (L), and (M). On May 11, that complies with the provisions of the
documents in the electronic docket are 2015, EPA received a supplemental SIP Act and applicable Federal regulations.
listed in the http://www.regulations.gov submission from the state of Iowa to 42 U.S.C. 7410(k); 40 CFR 52.02(a).
index. Although listed in the index, include article 1, section 2 of the Iowa Thus, in reviewing SIP submissions,
some information is not publicly Constitution, and portions of the Iowa EPA’s role is to approve state choices,
available, i.e., CBI or other information code and the Iowa Administrative Code provided that they meet the criteria of
whose disclosure is restricted by statute. to codify the relevant state laws as the CAA. Accordingly, this action
Certain other material, such as applied to conflict of interest merely approves state law as meeting
copyrighted material, will be publicly requirements of Section 128 of the CAA. Federal requirements and does not
available only in hard copy. Publicly The rationale for EPA’s proposed action impose additional requirements beyond
available docket materials are available to approve the SIP submissions for those imposed by state law. For that
either electronically at http:// specific requirements of section reason, this action:
asabaliauskas on DSK5VPTVN1PROD with RULES
www.regulations.gov or at U.S. 110(a)(2) of the CAA, and the • Is not a significant regulatory action
Environmental Protection Agency, submission for conflict of interest subject to review by the Office of
Region 7, 11201 Renner Boulevard, provisions are explained in the NPR and Management and Budget under
Lenexa, Kansas 66219 from 8:00 a.m. to will not be restated here. Executive Orders 12866 (58 FR 51735,
4:30 p.m., Monday through Friday, During the public comment period for October 4, 1993) and 13563 (76 FR 3821,
excluding legal holidays. Interested the NPR one comment was received. January 21, 2011);
persons wanting to examine these The commenter stated that EPA cannot • Does not impose an information
documents should make an approve the Prevention of Significant collection burden under the provisions
VerDate Sep<11>2014 17:39 Oct 30, 2015 Jkt 238001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1](https://thefederalregister.org/doc/80_FR_67546/page/1.svg)
![67336 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations
of the Paperwork Reduction Act (44 has demonstrated that a tribe has shall not postpone the effectiveness of
U.S.C. 3501 et seq.); jurisdiction. In those areas of Indian such rule or action. This action may not
• Is certified as not having a country, the rule does not have tribal be challenged later in proceedings to
significant economic impact on a implications and will not impose enforce its requirements. (See section
substantial number of small entities substantial direct costs on tribal 307(b)(2)).
under the Regulatory Flexibility Act (5 governments or preempt tribal law as
U.S.C. 601 et seq.); List of Subjects in 40 CFR Part 52
specified by Executive Order 13175 (65
• Does not contain any unfunded FR 67249, November 9, 2000). Environmental protection, Air
mandate or significantly or uniquely The Congressional Review Act, 5 pollution control, Incorporation by
affect small governments, as described U.S.C. 801 et seq., as added by the Small reference, Intergovernmental relations,
in the Unfunded Mandates Reform Act Business Regulatory Enforcement Ozone, Reporting and recordkeeping
of 1995 (Pub. L. 104–4); Fairness Act of 1996, generally provides requirements.
• Does not have Federalism that before a rule may take effect, the
implications as specified in Executive Dated: September 29, 2015.
agency promulgating the rule must Mark Hague,
Order 13132 (64 FR 43255, August 10, submit a rule report, which includes a
1999); Acting Regional Administrator, Region 7.
copy of the rule, to each House of the
• Is not an economically significant
Congress and to the Comptroller General For the reasons stated in the
regulatory action based on health or
of the United States. EPA will submit a preamble, EPA amends 40 CFR part 52
safety risks subject to Executive Order
report containing this action and other as set forth below:
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action required information to the U.S. Senate, Chapter I, title 40 of the Code of
subject to Executive Order 13211 (66 FR the U.S. House of Representatives, and Federal Regulations is amended as
28355, May 22, 2001); the Comptroller General of the United follows:
• Is not subject to requirements of States prior to publication of the rule in
Section 12(d) of the National the Federal Register. A major rule PART 52—APPROVAL AND
Technology Transfer and Advancement cannot take effect until 60 days after it PROMULGATION OF
Act of 1995 (15 U.S.C. 272 note) because is published in the Federal Register. IMPLEMENTATION PLANS
application of those requirements would This action is not a ‘‘major rule’’ as
be inconsistent with the Clean Air Act; defined by 5 U.S.C. 804(2). ■ 1. The authority citation for part 52
and Under section 307(b)(1) of the CAA, continues to read as follows:
• Does not provide EPA with the petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq.
discretionary authority to address, as action must be filed in the United States
appropriate, disproportionate human Court of Appeals for the appropriate Subpart Q—Iowa
health or environmental effects, using circuit by January 4, 2016. Filing a
practicable and legally permissible petition for reconsideration by the ■ 2. Amend § 52.820 by adding entries
methods, under Executive Order 12898 Administrator of this final rule does not (e)(41) and (42) to read as follows:
(59 FR 7629, February 16, 1994). affect the finality of this action for the
The SIP is not approved to apply on purposes of judicial review nor does it § 52.820 Identification of plan.
any Indian reservation land or in any extend the time within which a petition * * * * *
other area where EPA or an Indian tribe for judicial review may be filed, and (e) * * *
EPA-APPROVED IOWA NONREGULATORY PROVISIONS
Applicable geo-
graphic area or State submittal
Name of nonregulatory SIP provision EPA Approval date Explanation
nonattainment date
area
* * * * * * *
(40) Sections 110(a)(1) and (2) Infrastruc- Statewide .......... 11/4/11 11/2/15 [Insert Fed- This action addresses the following CAA
ture Requirements 2008 Lead NAAQS. eral Register cita- elements: 110(a)(2)(A), (B), (C), (D),
tion]. (E), (F), (G), (H), (J), (K), (L), and (M).
110(a)(2)(I) is not applicable.
(41) Section 128 Declaration: Conflicts of Statewide .......... 5/11/15 11/2/15 [Insert Fed- This action addresses the following sec-
Interest Provisions; eral Register cita- tions of the Constitution of the State of
Constitution of the State of Iowa, Article tion]. Iowa, Article 1, section 2; Iowa Code:
1, Section 2 4.4.(5), 7E.4, Chapter 68B;
Iowa Code: 4.4.(5) 7E.4 Chapter 68B Iowa Administrative Code: 351 IAC 6.11
Iowa Administrative Code: 351 IAC 6.11 351 IAC 6.14(2) 351 IAC 6.19 351 IAC
351 IAC 6.14(2) 351 IAC 6.19 351 IAC 7.1–7.2 567 IAC 1.11(1–9).
7.1–7.2 567 IAC 1.11(1–9)
asabaliauskas on DSK5VPTVN1PROD with RULES
[FR Doc. 2015–27783 Filed 10–30–15; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014 17:39 Oct 30, 2015 Jkt 238001 PO 00000 Frm 00076 Fmt 4700 Sfmt 9990 E:\FR\FM\02NOR1.SGM 02NOR1](https://thefederalregister.org/doc/80_FR_67546/page/2.svg)
Document Created: 2018-03-01 11:29:31
Document Modified: 2018-03-01 11:29:31
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective December 2, 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 67335 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR