Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations 67335 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0394; FRL–9936–33– 

Region 7] 

Approval of Air Quality State 

Implementation Plans (SIP); State of 

Iowa; Infrastructure SIP Requirements 

for the 2008 Lead National Ambient Air 

Quality Standard (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a State Implementation Plan 

(SIP) submission from the State of Iowa 

addressing the applicable requirements 

of Clean Air Act (CAA) section 110 for 

the 2008 National Ambient Air Quality 

Standards (NAAQS) for Lead (Pb), 

which requires that each state adopt and 

submit a SIP to support implementation, 

maintenance, and enforcement of each 

new or revised NAAQS promulgated by 

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. 

EPA is also taking final action to 

approve a supplemental revision for the 

SIP to include article 1, section 2 of the 

Iowa Constitution, and portions of the 

Iowa Code and the Iowa Administrative 

Code to codify the relevant state laws as 

applied to conflict of interest 

requirements of section 128 of the CAA. 

DATES: This final rule is effective 

December 2, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2015–0394. All 

documents in the electronic docket are 

listed in the http://www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically at http://

www.regulations.gov or at U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 from 8:00 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. Interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

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, the terms 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This 

section provides additional information 

by addressing the following: 

I. Background 

II. Summary of SIP Revision 

III. Final Action 

IV. Statutory and Executive Order Review 

I. Background 

On August 14, 2015, (80 FR 48791), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of Iowa. 

The NPR proposed approval of Iowa’s 

submission that provides the basic 

elements specified in section 110(a)(2) 

of the CAA necessary to implement, 

maintain, and enforce the 2008 Pb 

NAAQS. The NPR also proposed 

approval of a supplemental revision to 

include article 1, section 2 of the Iowa 

Constitution, and portions of the Iowa 

Code and the Iowa Administrative Code 

to codify the relevant state laws as 

applied to conflict of interest 

requirements of Sections 110(a)(2)(E) 

and 128 of the CAA. 

II. Summary of SIP Revision 

On November 4, 2011, EPA received 

a SIP submission from the state of Iowa 

that addressed the infrastructure 

elements specified in section 110(a)(2) 

for the 2008 Pb NAAQS. The 

submission addressed the following 

infrastructure elements of section 

110(a)(2): (A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M). On May 11, 

2015, EPA received a supplemental SIP 

submission from the state of Iowa to 

include article 1, section 2 of the Iowa 

Constitution, and portions of the Iowa 

code and the Iowa Administrative Code 

to codify the relevant state laws as 

applied to conflict of interest 

requirements of Section 128 of the CAA. 

The rationale for EPA’s proposed action 

to approve the SIP submissions for 

specific requirements of section 

110(a)(2) of the CAA, and the 

submission for conflict of interest 

provisions are explained in the NPR and 

will not be restated here. 

During the public comment period for 

the NPR one comment was received. 

The commenter stated that EPA cannot 

approve the Prevention of Significant 

Deterioration provisions unless the 

Particulate Matter (PM2.5) increments 

have been approved in the SIP. The 

PM2.5 increments, found at 567 Iowa 

Administrative Code, Chapter 33.3(3), 

were approved by EPA into the Iowa SIP 

on March 14, 2014. 79 FR 14402. 

III. Final Action 

EPA is approving Iowa’s November 4, 

2011, submission addressing the 

requirements of the CAA sections 

110(a)(1) and (2) as applicable to the 

2008 Pb NAAQS. Specifically, EPA 

approves the following infrastructure 

elements: 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M) which 

are necessary to implement, maintain, 

and enforce the 2008 Pb NAAQS, as a 

revision to the Iowa SIP. EPA is also 

approving Iowa’s May 11, 2015, 

submission to include article 1, section 

2 of the Iowa Constitution, and portions 

of the Iowa code and the Iowa 

Administrative Code to codify the 

relevant state laws as applied to conflict 

of interest requirements of Sections 

110(a)(2)(E) and 128 of the CAA. 

IV. Statutory and Executive Order 

Review 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Iowa nonregulatory 

SIP provision described in the 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

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); 

• Does not impose an information 

collection burden under the provisions 


asabaliauskas on DSK5VPTVN1PROD with RULES
67336 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations 

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 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). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 4, 2016. 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, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: September 29, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

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. Amend § 52.820 by adding entries 

(e)(41) and (42) to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED IOWA NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable geographic area or 

nonattainment 

area 

State submittal 

date EPA Approval date Explanation 

* * * * * * * 

(40) Sections 110(a)(1) and (2) Infrastructure Requirements 2008 Lead NAAQS.Statewide .......... 11/4/11 11/2/15 [Insert Federal Register citation].This action addresses the following CAA 

elements: 110(a)(2)(A), (B), (C), (D), 

(E), (F), (G), (H), (J), (K), (L), and (M). 

110(a)(2)(I) is not applicable. 

(41) Section 128 Declaration: Conflicts of 

Interest Provisions; 

Constitution of the State of Iowa, Article 

1, Section 2 

Iowa Code: 4.4.(5) 7E.4 Chapter 68B 

Iowa Administrative Code: 351 IAC 6.11 

351 IAC 6.14(2) 351 IAC 6.19 351 IAC 

7.1–7.2 567 IAC 1.11(1–9) 

Statewide .......... 5/11/15 11/2/15 [Insert Federal Register citation].This action addresses the following sections of the Constitution of the State of 

Iowa, Article 1, section 2; Iowa Code: 

4.4.(5), 7E.4, Chapter 68B; 

Iowa Administrative Code: 351 IAC 6.11 

351 IAC 6.14(2) 351 IAC 6.19 351 IAC 

7.1–7.2 567 IAC 1.11(1–9). 

[FR Doc. 2015–27783 Filed 10–30–15; 8:45 am] 

BILLING CODE 6560–50–P 


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