46984 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

(The Office of Management and 

Budget has approved the information 

collection requirements in this section 

under control number 2900–0889). 

* * * * * 

■ 5. Amend § 36.4807 by revising the 

sentence in parenthesis at the end of the 

section to read as follows: 

§ 36.4807 Application for partial claim 

payment. 

* * * * * 

(The Office of Management and 

Budget has approved the information 

collection requirements in this section 

under control numbers 2900–0021 and 

2900–0889). 

* * * * * 

Dated: August 18, 2021. 

Jeffrey M. Martin, 

Assistant Director, Office of Regulation Policy 

& Management, Office of the Secretary, 

Department of Veterans Affairs. 

[FR Doc. 2021–18001 Filed 8–20–21; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0378; FRL–8704–02– 

R7] 

Air Plan Approval; Iowa; Infrastructure 

State Implementation Plan 

Requirements for the 2015 Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve certain elements of a State 

Implementation Plan (SIP) submission 

from the State of Iowa addressing the 

applicable requirements of section 110 

of the Clean Air Act (CAA) for the 2015 

Ozone (O3) National Ambient Air 

Quality Standard (NAAQS). Section 110 

requires that each state adopt and 

submit a SIP revision to support the 

implementation, maintenance, and 

enforcement of each new or revised 

NAAQS promulgated by the 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. 

DATES: This final rule is effective on 

September 22, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0378. 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: 

Jason Heitman, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7664; 

email address: heitman.jason@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. A technical 

support document (TSD) is included in 

the rulemaking docket. 

Table of Contents 

I. Background 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

sip revision been met? 

IV. What action is the EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

On June 29, 2021, the EPA proposed 

to approve Iowa’s infrastructure SIP 

submission for the 2015 O3 NAAQS in 

the Federal Register (86 FR 34175). The 

EPA solicited comments on the 

proposed approval of the infrastructure 

SIP submission and received no 

comments. 

II. What is being addressed in this 

document? 

The EPA is approving the 

infrastructure SIP submission received 

from the state on November 30, 2018 in 

accordance with section 110(a)(1) of the 

CAA. Specifically, the EPA is approving 

Iowa’s SIP as meeting the following 

infrastructure elements of section 

110(a)(2) of the CAA: (A) through (C), 

(D)(i)(II)—prevention of significant 

deterioration of air quality (prong 3) and 

protection of visibility (prong 4), (D)(ii), 

(E) through (H), and (J) through (M). 

Elements of section 110(a)(2)(D)(i)(I)— 

significant contribution to 

nonattainment (prong 1) and interfering 

with maintenance of the NAAQS (prong 

2) will be addressed in a separate action. 

Section 110(a)(2)(I) was discussed in 

the submission; however, the EPA does 

not expect infrastructure SIP 

submissions to address element (I). 

Section 110(a)(2)(I) requires states to 

meet the applicable SIP requirements of 

part D of the CAA relating to designated 

nonattainment areas. The specific part D 

submissions for designated 

nonattainment areas are subject to 

different submission schedules than 

those for section 110 infrastructure 

elements. The EPA will act on part D 

attainment plan SIP submissions 

through a separate rulemaking governed 

by the requirements for nonattainment 

areas, as described in part D. 

A Technical Support Document (TSD) 

in the docket provides additional details 

of this action, including an analysis of 

how the SIP meets the applicable CAA 

section 110 requirements for 

infrastructure SIPs. 

III. Have the requirements for approval 

of a SIP revision been met? 

The State met the public notice 

requirements for SIP submissions in 

accordance with 40 CFR 51.102. The 

EPA determined that the submission 

satisfied the completeness criteria of 40 

CFR part 51, appendix V. The State 

provided a public comment period for 

this SIP revision from September 18, 

2018 to October 19, 2018 and received 

two comments related to a request for 

more stringent ozone requirements and 

an increase in ozone monitors. The state 

provided an adequate response to these 

comments. In addition, as explained in 

more detail in the TSD which is part of 

this docket, the infrastructure SIP 

submission meets the substantive SIP 

requirements of the CAA, including 

section 110 and implementing 

regulations. The public comment period 

on the EPA’s proposed rule opened June 

29, 2021, the date of its publication in 

the Federal Register and closed on July 

29, 2021. During this period, the EPA 

received no comments. 

IV. What action is the EPA taking? 

The EPA is approving elements of the 

November 30, 2018, submission from 

the State of Iowa addressing the 

infrastructure elements for the 2015 O3

NAAQS. Specifically, the EPA is 

approving Iowa’s SIP as meeting the 

following infrastructure elements of 

section 110(a)(2): (A) through (C), 

(D)(i)(II) prong 3 and prong 4, (D)(ii), (E) 

through (H), (J) through (M). The EPA 

intends to act on the elements of section 

110(a)(2)(D)(i)(I)—prong 1 and prong 2 

in a subsequent rulemaking. The EPA is 

not addressing Section 110(a)(2)(I) as it 

is the EPA’s interpretation of the CAA 

that these elements do not need to be 

addressed in the context of an 

infrastructure SIP submission. 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46985 

Based upon review of the State’s 

infrastructure SIP submissions and 

relevant statutory and regulatory 

authorities and provisions referenced in 

those submissions or referenced in 

Iowa’s SIP, the EPA finds that Iowa’s 

SIP meets all applicable required 

elements of sections 110(a)(1) and (2) 

(except as otherwise noted) with respect 

to the 2015 O3 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); 

• 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 October 22, 2021. 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, Infrastructure, 

Intergovernmental relations, Ozone. 

Dated: August 12, 2021. 

Edward H. 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 

■ 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 

‘‘(54)’’ in numerical order 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 

*******

(54)Section 110(a)(2) Infrastructure Requirements for 

the 2015 O3 NAAQS.

Statewide .......... 11/30/18 8/23/21, [Insert Federal Register citation].[EPA–R07–OAR–2021–0378; FRL–8704–02– 

Region 7]. 

This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II)— 

prongs 3 and 4, (D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 110(a)(2)(D)(i)(I)— 

prongs 1 and 2 will be addressed in a separate action. 110(a)(2)(I) is not applicable. 


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46986 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

1 84 FR 39196 (August 9, 2019). 

2 86 FR 12889. 

3 84 FR 39196 (August 9, 2019). 

4 84 FR 39196 (August 9, 2019). 

[FR Doc. 2021–17712 Filed 8–20–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0134; FRL–8760–02– 

R9] 

Air Plan Approval; Arizona; Pinal 

County Air Quality Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Pinal County 

Air Quality Control District (PCAQCD) 

portion of the Arizona State 

Implementation Plan (SIP). These 

revisions concern the District’s negative 

declarations for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS or ‘‘standards’’) in the portion 

of the Phoenix-Mesa ozone 

nonattainment area under the 

jurisdiction of the PCAQCD and two 

volatile organic compound (VOC) rules 

covering gasoline dispensing and 

surface coating operations. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). This approval 

stops all sanction and federal 

implementation plan clocks started by 

our August 9, 2019 partial and limited 

disapproval actions.1

DATES: This rule is effective September 

22, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0134. 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, e.g., Confidential Business 

Information 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 availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4126 or by 

email at Law.Nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On March 5, 2021, 2 the EPA proposed 

to approve negative declarations for the 

2008 8-hour ozone NAAQS in the 

portion of the Phoenix-Mesa ozone 

nonattainment area under the 

jurisdiction of the PCAQCD and the 

following two PCAQCD rules: Chapter 

5, Article 13, Surface Coating 

Operations, and Chapter 5, Article 20, 

Storage and Loading of Gasoline at 

Gasoline Dispensing Facilities. The 

following table lists the documents that 

were submitted by the Arizona 

Department of Environmental Quality 

(AQED) for incorporation into the 

Arizona SIP; these documents were the 

subject of our March 5, 2021 proposed 

rulemaking action and submitted in 

response to our August 9, 2019 partial 

and limited disapproval actions.3

Local agency Rule title Amended Submitted 

PCAQCD ............. Reasonably Available Control Technology (RACT) Analysis, Negative Declaration and 

Rules Adoption—Appendix B: Additional Negative Declarations.

8/5/2020 ......... 8/20/2020 

PCAQCD ............. Chapter 5, Article 13 Surface Coating Operations ............................................................... 8/5/2020 ......... 8/20/2020 

5–13–100, ‘‘General’’.

5–13–200, ‘‘Definitions’’.

5–13–300, ‘‘Standards’’.

5–13–400, ‘‘Administrative Requirements’’.

5–13–500, ‘‘Monitoring and Records’’.

PCAQCD ............. Chapter 5, Article 20 Storage and Loading of Gasoline at Gasoline Dispensing Facilities 8/5/2020 ......... 8/20/2020 

5–20–100 ‘‘General’’.

5–20–200 ‘‘Definitions’’.

5–20–300 ‘‘Standards’’.

5–20–400 ‘‘Administrative Requirements’’.

5–20–500 ‘‘Monitoring and Records’’.

We proposed to approve the negative 

declarations and two rules because we 

determined that they comply with the 

relevant CAA requirements. Our 

proposed action contains more 

information on the negative declarations 

and rules as well as on our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving these negative declarations 

and rules into the Arizona SIP. 

The August 5, 2020 versions of 

Chapter 5, Article 13 and Chapter 5, 

Article 20 will replace the previously 

approved version of these rules in the 

SIP. This approval stops all sanction 

and federal implementation plan clocks 

started by our August 9, 2019 partial 

and limited disapproval actions on the 

PCAQCD RACT SIP.4


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