[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46887-46889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19071]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0332; FRL-9998-89-Region 7]


Approval of Iowa and Nebraska Air Quality Implementation Plans; 
Infrastructure SIP Requirements for the 2012 Annual Fine Particulate 
Matter (PM2.5) National Ambient Air Quality Standard Interstate 
Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) submissions from Iowa 
Department of Natural Resources (IDNR) and Nebraska Department of 
Environmental Quality (NDEQ) for the 2012 Annual Fine Particulate 
Matter (PM2.5) National Ambient Air Quality Standard 
(NAAQS). The Clean Air Act (CAA) requires that each state adopt and 
submit a SIP that provides for the implementation, maintenance, and 
enforcement of each NAAQS promulgated by the EPA, commonly referred to 
as ``infrastructure'' SIPs. In this action the EPA is taking final 
action to approve the interstate transportation obligations of the 
State's 2012 PM2.5 NAAQS infrastructure SIP submittals.

DATES: This final rule is effective on October 7, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2019-0332. 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: Lachala Kemp, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7214, email 
address kemp.lachala@epa.gov.

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

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP submission been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    This final rulemaking approves certain elements of the 
infrastructure SIP submissions from Iowa received on December 22, 2015, 
and from Nebraska received on February 22, 2016. Specifically, the EPA 
is approving the following elements of section

[[Page 46888]]

110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 
1), and interfering with maintenance of the NAAQS (prong 2). The 
background for this action is discussed in detail in EPA's proposed 
rulemaking published in the Federal Register on June 26, 2019 (84 FR 
30062).

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

    The state's submissions have met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The state of Iowa 
held a 30-day comment period, and a public hearing on November 16, 
2015. No oral or written comments were received. The state of Nebraska 
held a public comment period from November 23, 2015, to December 29, 
2015. The state received no comments during the public comment period. 
A public hearing was held on December 29, 2015. The submissions 
satisfied the completeness criteria of 40 CFR part 51, appendix V.

III. The EPA's Response to Comments

    The public comment period on EPA's proposed rule opened June 26, 
2019, the date of its publication in the Federal Register and closed on 
July 26, 2019. During this period, the EPA received no comments on the 
action.

IV. What action is the EPA taking?

    The EPA is taking final action to approve the following elements of 
Iowa's December 22, 2015, and Nebraska's February 22, 2016, 
infrastructure SIP submissions: Section 110(a)(2)(D)(i)(I)--significant 
contribution to nonattainment (prong 1), and interfering with 
maintenance of the NAAQS (prong 2) as applicable to the 2012 Annual 
PM2.5 NAAQS.

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, the 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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 November 5, 2019. 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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxides.

    Dated: August 26, 2019.
Edward Chu,
 Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the 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. In Sec.  52.820, the table in paragraph (e) is amended by adding 
entry ``(51)'' to read as follows:


Sec.  52.820   Identification of plan.

* * * * *
    (e) * * *

[[Page 46889]]



                                   EPA-Approved Iowa Nonregulatory Provisions
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                                     Applicable
   Name of nonregulatory SIP        geographic or         State       EPA Approval date        Explanation
           provision             nonattainment area  submittal date
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                                                  * * * * * * *
(51) Section 110(a)(2)           Statewide.........      12/15/2015  9/6/2019, [insert   This action approves
 (D)(i)(I)--significant                                               Federal Register    the following CAA
 contribution to nonattainment                                        citation].          elements: 110(a)(1)
 (prong 1), and interfering                                                               and 110(a)(2
 with maintenance of the NAAQs                                                            (D)(i)(I)--prongs 1
 (prong 2) (Interstate                                                                    and 2 [EPA-R07-OAR-
 Transport) Infrastructure                                                                2019-0332; FRL-9998-89-
 Requirements for the 2012                                                                Region 7].
 Annual Fine Particulate Matter
 (PM2.5) NAAQS.
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Subpart CC--Nebraska

0
3. In Sec.  52.1420, the table in paragraph (e) is amended by adding 
entry ``(36)'' to read as follows:


Sec.  52.1420   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Nebraska Nonregulatory Provisions
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                                     Applicable
   Name of nonregulatory SIP        geographic or         State       EPA approval date        Explanation
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(36) Section 110(a)(2)           Statewide.........       2/22/2016  9/6/2019, [insert   This action approves
 (D)(i)(I)--significant                                               Federal Register    the following CAA
 contribution to nonattainment                                        citation].          elements: 110(a)(1)
 (prong 1), and interfering                                                               and 110(a)(2
 with maintenance of the NAAQs                                                            (D)(i)(I)--prongs 1
 (prong 2) (Interstate                                                                    and 2 [EPA-R07-OAR-
 Transport) Infrastructure                                                                2019-0332; FRL-9998-89-
 Requirements for the 2012                                                                Region 7].
 Annual Fine Particulate Matter
 (PM2.5) NAAQS.
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[FR Doc. 2019-19071 Filed 9-5-19; 8:45 a.m.]
 BILLING CODE 6560-50-P


