
[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:

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?

    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.

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 TSD 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?

    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.

IV. 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).

[[Page 49913]]

V. 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]
 BILLING CODE 6560-50-P


