40728 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules 

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 

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). 

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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 2, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

[FR Doc. 2018–17587 Filed 8–15–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R07–OAR–2018–0532; FRL–9982– 

27—Region 7] 

Air Plan Approval; State of Iowa; 

Attainment Redesignation for 2008 

Lead NAAQS and Associated 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to take 

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 proposed 

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 approving the state’s plan for 

maintaining the 2008 Pb NAAQS in the 

Council Bluffs area for ten years beyond 

redesignation. 

DATES: Comments must be received on 

or before September 17, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2018–0532 to https://

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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

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 

doolan.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What action is EPA proposing to take? 

II. Background for EPA’s Proposed Action 

III. EPA’s Analysis of the State’s Request 

A. Criteria (1)—The Area Has Attained the 

2008 Pb NAAQS 

B. Criteria (2)—The Area Has a Fully 

Approved SIP Under Section 110(k) 

C. Criteria (3)—The Air Quality 

Improvement 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 

D. Criteria (4)—the Administrator Has 

Fully Approved a Maintenance Plan for 

the Area as Meeting the Requirements of 

Section 175A 

1. Emissions Inventory 

2. Maintenance Demonstration 

3. Monitoring Network 

4. Verification of Continued Attainment 

5. Contingency Plan 

E. Criteria (5)—The Area Has Met All 

Applicable Requirements Under Section 

110 and Part D 

IV. Summary of Proposed Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA proposing to 

take? 

EPA is proposing to approve 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. Based 

on its review of the state’s submittal 

which is described in detail in the 

following sections, EPA proposes to 

approve the redesignation request for 

the area and associated maintenance 

plan. 

II. Background for EPA’s Proposed 

Action 

On October 15, 2008, EPA 

promulgated a revision to the Pb 

NAAQS, lowering the standard from 1.5 

micrograms per cubic meter (mg/m3) to 

0.15 mg/m3 (73 FR 66963). The state 

began air monitoring for Pb on 

November 3, 2009, at a source-oriented 

monitor in the Council Bluffs area near 

the Griffin Pipe Products Company, LLC 


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(Griffin Pipe) facility. The 2010 through 

2012 design value for Pb at the monitor 

was 0.26 mg/m3, 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). On February 3, 2015, the 

Iowa Department of Natural Resources 

(IDNR) submitted a plan to bring the 

area back into attainment of the 

standard. EPA approved the state’s SIP 

revision in a Federal Register notice 

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 mg/m3. 

The mechanisms to enforce the 

attainment SIP revision are an 

Administrative Consent Order between 

Griffin Pipe and the state, and an air 

construction permit issued to Alter 

Metal Recycling, the adjacent facility 

that provided scrap metal to Griffin 

Pipe. On May 3, 2014, Griffin Pipe 

ceased operations. The approved 

attainment SIP revision includes two 

operational strategies for Griffin Pipe, 

options A and B. Under option A, the 

facility resumes operations with 

operational control measures to limit 

emissions. Option B provides for the 

permitting and installation of a 

baghouse to control emissions and less 

operating restrictions. To date, Griffin 

Pipe has not resumed operations of its 

Council Bluffs facility, but the 

emissions controls for either option to 

resume manufacturing are permanent 

and enforceable. 

Alter Metal Recycling continues to 

operate its facility under an air 

construction permit which contains a 

Reasonably Available Control 

Technology (RACT) limit and work 

practice standards in the form of paving 

and sweeping cleaning haul routes with 

a HEPA vacuum street sweeper. Also, 

Alter’s construction permit contains 

limitations on truck traffic and total 

materials shipped are not to exceed 

946,000 tons per rolling twelve-month 

period. In its construction permit, Alter 

is required to conduct silt sampling on 

haul routes internal to the facility 

boundaries at three locations to 

demonstrate that the silt content on 

roadways is less than 2.70 g/m2. The 

facility is not required to sweep if there 

has been 0.2 inches of rain within a 

twenty-four-hour period, the haul routes 

have not been used that day, or the 

weather is too hazardous to conduct 

sweeping (e.g., ice or snow). Alter’s 

permit restricts truck traffic speeds on 

internal haul routes to twenty miles per 

hour. Recordkeeping to document haul 

route sweeping and weather conditions 

if sweeping is not conducted is required 

to be maintained for two years. 

III. EPA’s Analysis of the State’s 

Request 

The CAA provides the 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. 

A. Criteria (1)—The Area Has Attained 

the 2008 Pb NAAQS 

For designating a nonattainment area 

to attainment, the CAA requires EPA to 

determine that the area has attained the 

applicable NAAQS (CAA section 

107(d)(3)(E)(i)). EPA is proposing to 

determine that the portions of 

Pottawattamie County, Council Bluffs, 

Iowa, that previously violated the 2008 

Pb NAAQS are now attaining it. 

According to 40 CFR part 50, 

appendix R, the 2008 Pb NAAQS is met 

at a monitoring site when the identified 

design value is valid and is less than or 

equal to 0.15 mg/m3. The form of the 

standard is based on the maximum 

three-month rolling average over a 

three-year period (thirty-six rolling 

calendar quarters, or thirty-eight total 

months). The design value is the highest 

Pb concentration recorded for a rolling 

three-month calendar quarter over a 

three-year period. The area has not 

recorded a Pb value at the air monitor 

greater than 0.15 mg/m3 during any 

rolling three-month calendar quarter 

since December 2012. As discussed 

above, the 2014 through 2016 design 

value, which is the three-year period for 

which valid data are available at this 

time, is 0.10 mg/m3. 

B. Criteria (2)—The Area Has a Fully 

Approved SIP Under Section 110(k) 

As discussed above, EPA approved 

the state’s SIP revision in a Federal 

Register rulemaking dated February 26, 

2016 (81 FR 9770). EPA believes that the 

state has met all of the requirements for 

approval of the state’s attainment SIP 

revision. The requirements of the 

attainment SIP revision remain fully 

enforceable, including contingency 

measures in the event that the air 

monitor would record a future violation 

for the area. 

C. Criteria (3)—The Air Quality 

Improvement 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 

For redesignating a nonattainment 

area to attainment, section 

107(d)(3)(E)(iii) of the CAA requires 

EPA to determine that the air quality 

improvement in the area is due to 

permanent and enforceable reduction in 

emissions resulting from 

implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable reductions. EPA proposes to 

find that Iowa has demonstrated that the 

observed air quality improvement in the 

Council Bluffs area is due to permanent 

and enforceable reductions in emissions 

resulting from implementation of the 

SIP. 

The Council Bluffs Pb nonattainment 

SIP included an Administrative Consent 

Order between IDNR and Griffin Pipe 

dated January 29, 2015, and an air 

construction permit for Alter Metal 

Recycling dated September 2, 2014. 

Griffin Pipe is no longer operating at its 

Council Bluffs facility, which reduces 

the amount of Pb measured at the air 

monitor. In both scenarios, options A or 

B, under which Griffin Pipe may resume 

operations, there are emissions 

limitations and work practice controls 

that are expected to maintain NAAQS 

attainment. Both scenarios include haul 

road sweeping and cleaning, 

implementation of a scrap management 

plan to minimize the amount of Pb 

materials introduced to the melting 

process, and the use of Best 

Management Practices to control 

fugitive dust. The major difference 

between the two options is that option 

A employs more stringent production 

limits to control emissions; whereas, 

option B allows for greater production, 

but requires the facility to install a 

baghouse for greater emissions control. 

IDNR modeled both options and both 

demonstrate attainment of the standard. 

Thus, despite the uncertainty of 

whether Griffin Pipe will resume 

operations, EPA believes that the 


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emissions reductions imposed by the 

approved SIP revision will continue to 

be permanent and enforceable. 

With regard to Alter Metal Recycling, 

the fugitive dust re-entrained by traffic 

along the haul routes within the facility 

is controlled by an air construction 

permit. The construction permit 

requires, among other things, paving of 

haul routes for truck traffic within the 

facility boundaries, limits on the hours 

of operation, a posted speed limit of 

twenty miles per hour to control reentrainment of dust, and work practice 

standards that include sweeping haul 

routes using a HEPA filter vacuum 

truck. EPA believes that Alter’s air 

construction permit provides permanent 

and enforceable controls on fugitive Pb 

dust emissions. 

D. Criteria (4)—The Administrator Has 

Fully Approved a Maintenance Plan for 

the Area as Meeting the Requirements of 

Section 175A 

In conjunction with its redesignation 

request submitted to EPA on September 

18, 2017, IDNR also submitted a 

maintenance plan to provide for the 

ongoing attainment of the 2008 Pb 

NAAQS for at least ten years following 

the effective date of approval of the 

redesignation SIP revision. EPA believes 

the maintenance plan meets the 

requirements of section 175A of the 

CAA. Section 175A of the CAA 

establishes requirements for 

maintenance plans for seeking 

redesignation from nonattainment to 

attainment. EPA’s interpretation of 

section 175A is contained in a 

September 4, 1992, Memorandum from 

John Calcagni, Director (at that time), 

Air Quality Management Division, to 

the directors of the air programs in the 

ten EPA regions. The Calcagni 

Memorandum provides guidance on the 

content of a maintenance plan, 

explaining that it should address five 

requirements: (1) An emissions 

inventory; (2) a maintenance 

demonstration; (3) an air quality 

monitoring commitment; (4); 

verification of continued attainment; 

and (5) a contingency plan. The 

following provides a discussion of how 

EPA believes the state’s maintenance 

plan meets the requirements of 175A. 

1. Emissions Inventory 

The state is required to develop an 

inventory of actual emissions to identify 

the level of emissions sufficient to attain 

the NAAQS. Since Griffin Pipe is 

currently idled, IDNR provided an 

analysis of potential to emit (PTE) rather 

than actual emissions, because it 

believes the actuals are an 

underestimation. For Griffin Pipe, IDNR 

estimates PTE to be 0.254 tpy for option 

A and 0.392 tpy for option B based on 

the allowable emissions in the 

Administrative Consent Order. For Alter 

Metal Recycling, IDNR estimates that its 

current PTE is 0.61 tpy based on the 

allowable emissions in its air 

construction permit. EPA believes the 

state has satisfied the requirement to 

develop an attainment inventory. 

2. Maintenance Demonstration 

The state may generally demonstrate 

maintenance of the 0.15 ug/m3 standard 

by either showing that future Pb 

emissions will not exceed the level of 

the attainment inventory, or by 

modeling to show that the future mix of 

sources and emission rates will not 

cause a violation of the 2008 Pb 

NAAQS. The demonstration should be 

for a period of ten years following the 

redesignation, e.g., until 2028 for the 

maintenance plan update. 

The state demonstrates attainment of 

the standard using the attainment 

inventory since it is based on maximum 

permitted allowable emissions and Pb 

emissions are not expected to increase 

over the maintenance period. Further, 

IDNR relied on the attainment plan 

modeling submitted in 2015 as a part of 

the EPA approved SIP. Dispersion 

modeling is a more sophisticated means 

of demonstrating maintenance because 

it incorporates meteorology, topography, 

and source characteristics in addition to 

permitted allowable emissions rates. 

The attainment demonstration modeling 

followed current EPA guidance, used 

the EPA-approved modeling software, 

AERMOD, and maximum permitted 

emissions rates. No significant changes 

in modeling inputs have occurred since 

its submittal and none are anticipated 

through the maintenance period. 

Therefore, EPA finds that the state has 

demonstrated that Iowa has 

demonstrated maintenance of the 2008 

Pb NAAQS. 

3. Monitoring Network 

Once an area has been redesignated, 

the state has committed in its 

Redesignation Request and Maintenance 

Plan for the Pb Nonattainment Area in 

Council Bluffs, Iowa, that it will 

continue to operate the air quality 

monitor (site ID 19–155–0011) in 

accordance with 40 CFR part 58. Air 

modeling has shown this monitoring 

location to be in the predicted area of 

maximum impact from fugitive 

emissions from both Griffin Pipe and 

Alter Metal Recycling. Thus, this air 

monitoring location continues to be 

acceptable for verifying continued 

NAAQS attainment. The state will 

continue to operate a Pb monitor at this 

location for a minimum of ten years. As 

required by section 175A, eight years 

following redesignation, the state shall 

submit an additional maintenance plan. 

The Pb monitoring network will be 

revisited at that time. 

4. Verification of Continued Attainment 

The state has the legal authority to 

enforce and implement the 

requirements of Administrative Consent 

Order for Griffin Pipe and the 

construction permit for Alter Metal 

Recycling to ensure ongoing attainment 

of the 2008 Pb NAAQS. These SIPapproved documents contain the 

permanent and enforceable measures for 

controlling Pb emissions. Should 

another source of Pb emissions to air 

seek a permit in the area to construct a 

new source or modify an existing one, 

the state will evaluate on a case-by-case 

basis the potential impacts to air quality 

and NAAQS attainment. State law also 

gives IDNR the ability to establish more 

stringent emissions standards and/or the 

ability to require the installation of 

additional control equipment to ensure 

the attainment or maintenance of the 

NAAQS. 

The state commits in its maintenance 

plan to continue to operate its Pb 

monitoring site to verify the attainment 

status of the area and will continue to 

follow the air monitoring network 

review process, as required by 40 CFR 

part 58, to determine the adequacy of 

the Pb monitoring network when 

monitoring may be discontinued. 

5. Contingency Plan 

Section 175A(d) of the CAA requires 

that a maintenance plan include 

contingency provisions, as necessary, to 

promptly correct any violation of the 

NAAQS that occurs after redesignation 

to attainment. The state has established 

a trigger that will initiate a timely 

response to indications of a possible 

future violation of the 2008 Pb NAAQS: 

It will evaluate the need for additional 

control measures if any three-month 

rolling average concentration of 0.14 ug/ 

m3(approximately 95 percent of the 

standard) or greater is measured at the 

ambient air monitor. The state will 

require that any necessary measures be 

implemented as expeditiously as 

practicable. IDNR has the authority 

(Iowa Code 455B.134) to issue orders 

consistent with rules to cause the 

abatement or control of air pollution to 

ensure that the NAAQS are not violated. 

The approach of using a trigger at 

approximately 95 percent of the 

standard is expected, along with the 

previously approved SIP control 

measures, to ensure maintenance of the 

standard. 


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Contingency measures in the 

approved attainment SIP revision dated 

February 26, 2016 (81 FR 9770) remain 

available and enforceable. If a NAAQS 

violation occurs after redesignation, at a 

minimum the IDNR will require the 

implementation of all measures, 

including the contingency measures, 

contained in the nonattainment plan for 

the area prior to the redesignation of the 

area to attainment. The nonattainment 

plan contingency measures for Griffin 

Pipe are specified in conditions A–5, 

paragraph O, and B–5, paragraph O, of 

the Administrative Order on Consent 

(2015–AQ–02). The contingency 

measures for Alter Metal Recycling are 

specific in condition 14.L of its air 

construction permit (14–A–521). These 

contingency measures include, for 

example, additional haul road 

sweeping/cleaning requirements. 

The state also has the authority to 

request or conduct new or supplemental 

reviews of Pb emissions from sources 

and activities affecting the 

nonattainment area. Contingency 

measures may include improvements to 

permitted control devices, or 

improvements to work practice 

standards, such as additional haul route 

sweeping. Once determined, the state 

will submit to EPA an analysis to 

demonstrate that the proposed measures 

are adequate to return the area to 

attainment. 

E. Criteria (5)—The Area Has Met All 

Applicable Requirements Under Section 

110 and Part D 

Section 110(a)(2) of title I of the CAA 

delineates the general requirements for 

a SIP, which include enforceable 

emissions limitations and other control 

measures, means, or techniques; 

provisions for the establishment and 

operation of appropriate devices 

necessary to collect data on ambient air 

quality; and programs to enforce the 

limitations. These requirements include, 

but are not limited to, the following: (1) 

Submittal of a SIP that has been adopted 

by the state after reasonable public 

notice and hearing; (2) provisions for 

establishment and operation of 

appropriate procedures needed to 

monitor ambient air quality; (3) 

implementation of a source permit 

program and provisions for the 

implementation of a Prevention of 

Significant Deterioration (PSD) program; 

(4) provisions for the implementation of 

Nonattainment New Source Review 

(NSR); (5) provisions for air pollution 

modeling; and (6) provisions for public 

and local agency participation in 

planning and emission control rule 

development. 

The requirements for the area to have 

enforceable emissions limitations and 

other control measures as well as an 

appropriate air monitoring program for 

collecting air quality data were met in 

the approved attainment SIP revision 

dated February 26, 2016 (81 FR 9770). 

As ambient air monitoring data 

demonstrate, the means and methods of 

the attainment SIP revision have been 

successful in restoring air quality to 

attainment with the NAAQS. 

The other requirements of section 

110(a)(2) pertain to the administration 

of the state program to ensure the 

effectiveness of its overall air quality 

management program. The adequacy of 

the remaining elements of section 

110(a)(2) including the state’s PSD and 

Nonattainment NSR programs, its ability 

to conduct air modeling and provisions 

for public participation in air planning 

are addressed in EPA’s November 14, 

2015 final approval of the state’s 

infrastructure SIP revision (80 FR 

48791). In EPA’s final approval of the 

state’s infrastructure SIP revision for the 

2008 Pb NAAQS, program elements 

necessary to ensure the enforcement and 

maintenance of air quality standards 

were determined to be adequate to meet 

the requirements of section 110(a)(2). 

Finally, section 107(d)(3)(E)(v) 

requires that the redesignation plan 

meet the requirements of part D. Section 

172(c)identifies key provisions that 

states must address in a nonattainment 

SIP, including: (1) Provisions for 

attainment and the timely 

implementation of all reasonably 

available control technology (RACT) 

and reasonably available control 

measures (RACM); (2) reasonable further 

progress (RFP); (3) an emissions 

inventory for the nonattainment area; (4) 

Nonattainment NSR; (5) a control 

strategy with enforceable limits and 

schedules and timetables for 

compliance; and (6) contingency 

measures. 

The approved attainment SIP revision 

dated February 26, 2016 (81 FR 9770) 

contains legally enforceable control 

measures and includes an evaluation of 

how those measures meet RACT and 

RACM. The approved attainment SIP 

also included a plan for making RFP. 

All of the contingency measures in the 

approved attainment SIP revision are 

available and enforceable for use, if 

necessary. An emissions inventory is 

included in the attainment SIP revision 

and this inventory is updated in the 

Redesignation Request and Maintenance 

Plan as discussed in paragraph III, 

criteria 4 a. above. The state’s 

Nonattainment NSR is approved in the 

infrastructure SIP revision (80 FR 

48791). 

IV. Summary of Proposed Action 

EPA is proposing to approve Iowa’s 

request to redesignate the Council Bluffs 

area to attainment for the 2008 Pb 

NAAQS. Based on its detailed analysis 

above, 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 proposes to approve the 

redesignation request for the area and 

associated maintenance plan. 

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 


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40732 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules 

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: August 3, 2018. 

James B. Gulliford, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA proposes to amend 40 

CFR parts 52 and 81 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 2. In § 52.820, the table in paragraph 

(e) is amended by adding the entry ‘‘(50) 

Lead Redesignation SIP and 

Maintenance Plan’’ to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED IOWA NONREGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA Approval date Explanation 

*******

(50) Lead Redesignation SIP 

and Maintenance Plan.

Portions of Pottawattamie 

County.

9/18/17 8/16/2018, [Federal Register 

citation of the final rule].

[EPA–R07–OAR–2018–0532; 

FRL–9982–27—Region 7]. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.316, the table entitled 

‘‘Iowa—2008 Lead NAAQS’’ is amended 

by revising the entry ‘‘Pottawattamie 

County, IA:’’ to read as follows: 

§ 81.316 Iowa 

* * * * * 

IOWA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Pottawattamie County, IA: 

Pottawattamie County (part) ................................................................... [Date of publication of the final rule 

in the Federal Register].

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.

............................................................

Rest of State ................................................................................................... ............................................................ Unclassifiable/Attainment. 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1 December 31, 2011 unless otherwise noted. 

[FR Doc. 2018–17583 Filed 8–15–18; 8:45 am] 

BILLING CODE 6560–50–P 


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