[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12491-12493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05537]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0208; FRL-9975-69--Region 7]


Approval of Implementation Plans; State of Iowa; Elements of the 
Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National 
Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve certain elements of Iowa's 2013 State Implementation 
Plan (SIP) submission, and a 2017 amendment to that submission, for the 
2010 Nitrogen Dioxide (NO2) National Ambient Air Quality 
Standard (NAAQS). States are required to have a SIP that provides for 
the implementation, maintenance, and enforcement of the NAAQS. Whenever 
EPA promulgates a new or revised NAAQS, states are required to make a 
SIP submission establishing that the existing approved SIP has 
provisions necessary to address various requirements to address the new 
or revised NAAQS or to add such provisions. 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 April 23, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2017-0208. All documents in the docket are listed on 
the https://www.regulations.gov 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 https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of the SIP revisions been 
met?
IV. EPA's response to comments
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. Background

    EPA received Iowa's initial 2010 NO2 NAAQS 
infrastructure SIP submission on July 29, 2013. On March 9, 2017, EPA 
received a revised submission addressing the requirements of section 
110(a)(2)(D)(i)(I). On September 20, 2017, EPA proposed to approve 
elements of the 2010 NO2 NAAQS infrastructure SIP submission 
from the State of Iowa. See 82 FR 43925. In conjunction with the 
September 20, 2017, notice of proposed rulemaking (NPR), EPA issued a 
direct final rule (DFR) approving the same elements of the 2010 
NO2 NAAQS infrastructure SIP. See 82 FR 43836. However, in 
the DFR, EPA stated that if EPA received adverse comments by October 
20, 2017, the action would be withdrawn and not take effect. EPA 
received three comments prior to the close of the comment period; one 
in favor of the rulemaking, and two adverse. EPA withdrew the DFR on 
November-17,2017. See 82 FR 54299. This action is a final rule based on 
the NPR. A detailed discussion of Iowa's SIP revision and EPA's 
rationale for approving the SIP revision were provided in the DFR and 
the associated Technical Support Document in the docket and will not be 
restated here, except to the extent relevant to our response to the 
public comment we received.

[[Page 12492]]

II. What is being addressed in this document?

    EPA is approving certain elements of the 2010 NO2 NAAQS 
infrastructure SIP submission from the State of Iowa received on July 
29, 2013, and an amended SIP submission received on March 9, 2017. 
Specifically, EPA is approving Iowa's submissions with regard to the 
following elements of section 110(a)(2): (A), (B), (C), (D)(i)(I)--
significant contribution to nonattainment (prong 1), interfering with 
maintenance of the NAAQS (prong 2) and (D)(i)(II)--prevent of 
significant deterioration of air quality (prong 3), (D)(ii), (E) 
through (H), and (J) through (M).
    EPA is not acting at this time on section 110(a)(2)(D)(i)(II)--
protection of visibility (prong 4), which Iowa addressed in the 
infrastructure SIP submission for the 2010 NO2 NAAQS.

III. Have the requirements for approval of the SIP revisions been met?

    The state met the public notice requirements for SIP submissions in 
accordance with 40 CFR 51.102. The state initiated public comment from 
April 6, 2013, to May 8, 2013. One comment was received and adequately 
addressed in the final SIP submission. The amended submission was 
placed on public comment January 12, 2017, to February 15, 2017. No 
comments were received. These submissions 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 the docket for this rulemaking, the submissions met 
the applicable substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

IV. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened September 
20, 2017, the date of its publication in the Federal Register, and 
closed on October 20, 2017. During this period, EPA received three 
public comments on the proposal to approve certain elements of Iowa's 
2010 NO2 infrastructure SIP submission, one of which is 
addressed below. The second comment was supportive of EPA's proposed 
approval and the third was not specific to this action, which is 
concerned with evaluating whether Iowa has the required elements in 
place to implement, maintain, and enforce the NAAQS, and thus no 
further response is required.
    Comment: The commenter stated that EPA must act on the visibility 
portion of the state's submission (110(a)(2)(D)(II)--prong 4, and that 
EPA does not have the discretionary authority to not act on a state's 
submission. The commenter indicated that if EPA does not believe the 
Regional Haze program is approvable, then EPA should disapprove the 
state's plan.
    EPA's response: EPA disagrees with this comment. We are not 
required to act on the prong 4 element of Iowa's 2010 NO2 
infrastructure SIP submission in this particular rulemaking. Although 
EPA agrees with the commenter that it has an obligation to take action 
under section 110(k) on SIP submissions, we disagree with the argument 
that the Agency cannot elect to act on individual parts or elements of 
a state's infrastructure SIP submission in separate rulemakings, as it 
deems appropriate. Section 110(k) of the CAA authorizes EPA to approve 
a SIP submission in full, disapprove it in full, or approve it in part 
and disapprove it in part, or conditionally approve it in full or in 
part, depending on the extent to which such plan meets the requirements 
of the CAA. This authority to approve state SIP submissions in 
separable parts was included in the 1990 Amendments to the CAA to 
overrule a decision in the Court of Appeals for the Ninth Circuit 
holding that EPA could not approve individual measures in a SIP 
submission without either approving or disapproving the plan as a 
whole. See S. Rep. No. 101-228, at 22, 1990 U.S.C.C.A.N. 3385, 3408 
(discussing the express overruling of Abramowitz v. EPA, 832 F.2d 1071 
(9th Cir. 1987)).
    EPA interprets its authority under section 110(k) of the CAA as 
affording the Agency the discretion to approve, disapprove, or 
conditionally approve, individual elements of Iowa's infrastructure SIP 
submission for the 2010 NO2 NAAQS. EPA views discrete 
infrastructure SIP requirements, such as the requirements of 
110(a)(2)(D)(i)(II), as severable from other infrastructure SIP 
elements and interprets section 110(k) as allowing it to act on 
individual severable elements or requirements in a SIP submission. In 
short, EPA has the discretion under section 110(k) of the CAA to act 
upon the various individual elements of a state's infrastructure SIP 
submission, separately or together, as appropriate. EPA will address 
the remaining element of Iowa's 2010 NO2 infrastructure SIP 
submission in a separate rulemaking action or actions.
    With respect to Iowa's regional haze program, although EPA's 
evaluation of prong 4 can be related to the status of such a 
program,\1\ it is not relevant here because EPA is not taking action on 
prong 4 in this rulemaking.
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    \1\ EPA's 2013 Guidance of Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2) provides that ``[o]ne way in which prong 4 may be 
satisfied for any relevant NAAQS is through an air agency's 
confirmation in its infrastructure SIP submission that it has an 
approved regional haze SIP. . .'' 2013 Guidance at 33, https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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V. What action is EPA taking?

    EPA is taking final action to approve the following elements of 
section 110(a)(2) contained in Iowa's 2013 and 2017 SIP submissions: 
(A), (B), (C), (D)(i)(I)--significant contribution to nonattainment 
(prong 1), interfering with maintenance of the NAAQS (prong 2) and 
(D)(i)(II)--prevent significant deterioration of air quality (prong 3), 
(D)(ii), (E) through (H), and (J) through (M). The March 1, 2017, SIP 
amendment revised 110(a)(2)(D)(i)(I).
    EPA is not taking action on section 110(a)(2)(D)(i)(II), prong 4. 
The agency will act on this element of the SIP submission in a separate 
rulemaking action.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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.);

[[Page 12493]]

     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).
    In addition, 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 21, 2018. 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, Reporting and 
recordkeeping requirements.

    Dated: March 7, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, 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. Section 52.820 is amended by adding paragraph (e)(48) to read as 
follows:


Sec.  52.820  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Iowa Nonregulatory SIP Provisions
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                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
            revision               nonattainment           date        EPA approval date        Explanation
                                        area
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                                                  * * * * * * *
(48) Sections 110(a)(1) and (2)  Statewide........  7/23/2013, 3/1/    3/22/2018,         This action addresses
 Infrastructure Requirements                         2017.              [Insert Federal    the following CAA
 2010 Nitrogen Dioxide NAAQS.                                           Register           elements:
                                                                        citation].         110(a)(2)(A), (B),
                                                                                           (C), (D)(i)(I) prongs
                                                                                           1 and 2, D(i)(II)
                                                                                           prong 3 only, D(ii),
                                                                                           (E), (F), (G), (H),
                                                                                           (J), (K), (L), and
                                                                                           (M). [EPA-R07-OAR-
                                                                                           2017-0208; FRL-9975-
                                                                                           69--Region 7].
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[FR Doc. 2018-05537 Filed 3-21-18; 8:45 am]
BILLING CODE 6560-50-P


