[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Rules and Regulations]
[Pages 50024-50026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21433]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2018-0532; FRL-9984-64-Region 7]


Air Plan Approval; State of Iowa; Attainment Redesignation for 
2008 Lead NAAQS and Associated Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the State of Iowa's request to redesignate portions 
of Pottawattamie County, Council Bluffs, Iowa to attainment for the 
2008 lead (Pb) National Ambient Air Quality Standards (NAAQS). EPA's 
approval of the redesignation request is based on the determination 
that the Council Bluffs area has met the criteria for redesignation to 
attainment set forth in the Clean Air Act (CAA), including the 
determination that the area has attained the standard. Additionally, 
EPA is granting final approval of the State's plan for maintaining the 
2008 Pb NAAQS in the Council Bluffs area for ten years beyond 
redesignation.

DATES: This final rule is effective on November 5, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2018-0532. 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: Ms. Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, KS 66219 at (913) 551-7719 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. What is being addressed in this document?
II. Have the requirements for approval of a SIP submission been met?
III. EPA's Response To Comments
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What action is being addressed in this document?

    EPA is granting final approval of Iowa's request to redesignate the 
Council Bluffs area to attainment for the 2008 Pb NAAQS. On September 
18, 2017, the State submitted a request for redesignation that 
demonstrates NAAQS attainment and an associated maintenance plan to 
ensure that the area continues to attain the standard. The basis for 
EPA's final approval is that the area met the requirements of the Clean 
Air Act (CAA) for approval as discussed below.

II. Have the requirements for approval of a SIP submission been met?

    On October 15, 2008, EPA promulgated a revision to the Pb NAAQS, 
lowering the standard from 1.5 micrograms per cubic meter ([micro]g/
m\3\) to 0.15 [micro]g/m\3\ (73 FR 66963). The State conducted ambient 
air monitoring for Pb in the Council Bluffs area near Pb emitting 
facilities. The 2010 through 2012 design value for Pb at the monitor 
was 0.26 [micro]g/m\3\, violating the 2008 Pb NAAQS.
    Effective December 31, 2011, EPA designated a portion of 
Pottawattamie County, Council Bluffs, Iowa, as nonattainment for the 
2008 Pb NAAQS (76 FR 72097). EPA approved the State's SIP revision for 
the plan to bring the area into attainment of the Pb NAAQS in a Federal 
Register action dated February 26, 2016 (81 FR 9770). The area attained 
the 2008 Pb NAAQS by the statutory deadline of December 31, 2016. The 
2014 through 2016 design value for the area is 0.10 [micro]g/m\3\.
    EPA's proposed approval document dated August 16, 2018, (83 FR 
40728) presents a detailed analysis of the CAA requirements for 
redesignating a nonattainment area to attainment. Specifically, section 
107(d)(3)(E) of the CAA allows for redesignation provided the following 
criteria are met: (1) The Administrator determines that the area has 
attained the applicable NAAQS; (2) the Administrator has fully approved 
the applicable implementation plan for the area under section 110(k); 
(3) the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP and applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions; (4) the Administrator has fully 
approved a maintenance plan for the area as meeting the requirements of 
section 175A; and (5) the State containing such area has met all 
requirements applicable to the area under section 110 and part D of 
title I of the CAA. EPA believes the area has met these criteria and 
that the

[[Page 50025]]

State's maintenance plan will ensure that the area continues to attain 
the standard.

III. EPA's Response to Comments

    The public was provided an opportunity to comment on the proposed 
document from August 16, 2018, through September 17, 2018. During this 
period, EPA received one comment which is available in the docket but 
outside of the scope of the proposed rule. Therefore, EPA will not 
provide a specific response to the comment.

IV. What action is EPA taking?

    EPA is granting final approval of Iowa's request to redesignate the 
Council Bluffs area to attainment for the 2008 Pb NAAQS. Based on the 
detailed analysis presented in its proposed approval document dated 
August 16, 2018, (83 FR 40728), EPA believes that the State's September 
18, 2017, request for redesignation demonstrates NAAQS attainment and 
the associated maintenance plan will ensure that the area continues to 
attain the standard. Thus, EPA is approving the redesignation request 
for the area and associated maintenance plan.
    EPA has determined that these actions are effective immediately 
upon publication under the authority of 5 U.S.C. 553(d). The purpose of 
the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Section 553(d)(1) allows an 
effective date less than 30 days after publication if a substantive 
rule ``relieves a restriction.'' These actions qualify for the 
exception under section 553(d)(1) because they relieve the State of 
various requirements for the Area. Furthermore, section 553(d)(3) 
allows an effective date less than 30 days after publication ``as 
otherwise provided by the agency for good cause found and published 
with the rule.'' EPA finds good cause to make these actions effective 
immediately pursuant to section 553(d)(3) because they do not create 
any new regulatory requirements such that affected parties would need 
time to prepare before the actions take effect.

V. Statutory and Executive Order Reviews

    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);
     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.);
     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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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).

 List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: September 26, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 81 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 ``(50) Lead Redesignation SIP and Maintenance Plan'' in numerical 
order to read as follows:


Sec.  52.820   Identification of plan.

* * * * *
    (e) * * *

[[Page 50026]]



                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA Approval date       Explanation
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(50) Lead Redesignation SIP and    Portions of               9/18/2017  10/4/2018, [Insert   [EPA-R07-OAR-2018-0
 Maintenance Plan.                  Pottawattamie                        Federal Register     532; FRL-9984-64-
                                    County.                              citation].           Region 7].
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.


0
4. In Sec.  81.316, the table entitled ``Iowa-2008 Lead NAAQS'' is 
amended by revising the entry ``Pottawattamie County, IA:'' to read as 
follows:


Sec.  81.316   Iowa.

* * * * *

                          Iowa-2008 Lead NAAQS
------------------------------------------------------------------------
                                     Designation for the 2008 NAAQS \a\
         Designated area          --------------------------------------
                                      Date \1\              Type
------------------------------------------------------------------------
Pottawattamie County, IA:
    Pottawattamie County (part)..       10/4/2018  Attainment.
        Area bounded by Avenue G
         on the north, N 16th/S
         16th street on the east,
         23rd Avenue on the
         south, and N 35th/S 35th
         street on the west.
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ December 31, 2011 unless otherwise noted.

[FR Doc. 2018-21433 Filed 10-3-18; 8:45 am]
 BILLING CODE 6560-50-P


