Air Plan Approval; State of Iowa; Attainment Redesignation for 2008 Lead NAAQS and Associated Maintenance Plan, 40728-40732 [2018-17583]
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules
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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
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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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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.
SUMMARY:
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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:
FOR FURTHER INFORMATION CONTACT:
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
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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
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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.
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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
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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
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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.
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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.
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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).
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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
E:\FR\FM\16AUP1.SGM
16AUP1
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
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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.
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:
■
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: August 3, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
§ 52.820
*
For the reasons stated in the
preamble, EPA proposes to amend 40
CFR parts 52 and 81 as set forth below:
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IOWA NONREGULATORY PROVISIONS
Name of nonregulatory SIP
provision
*
*
(50) Lead Redesignation SIP
and Maintenance Plan.
Applicable geographic or
nonattainment area
*
Portions of Pottawattamie
County.
State
submittal
date
EPA Approval date
*
9/18/17
*
8/16/2018, [Federal Register
citation of the final rule].
Authority: 42 U.S.C. 7401, et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
§ 81.316
4. In § 81.316, the table entitled
‘‘Iowa—2008 Lead NAAQS’’ is amended
by revising the entry ‘‘Pottawattamie
County, IA:’’ to read as follows:
■
3. The authority citation for part 81
continues to read as follows:
■
Explanation
*
*
*
*
[EPA–R07–OAR–2018–0532;
FRL–9982–27—Region 7].
Iowa
*
*
*
IOWA—2008 LEAD NAAQS
Designation for the 2008 NAAQS a
Designated area
Date 1
Pottawattamie County, IA:
Pottawattamie County (part) ...................................................................
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 ...................................................................................................
a Includes
Type
[Date of publication of the final rule
in the Federal Register].
............................................................
Attainment.
............................................................
Unclassifiable/Attainment.
Indian Country located in each county or area, except as otherwise specified.
31, 2011 unless otherwise noted.
1 December
[FR Doc. 2018–17583 Filed 8–15–18; 8:45 am]
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Agencies
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Proposed Rules]
[Pages 40728-40732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17583]
-----------------------------------------------------------------------
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
[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 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 ([micro]g/
m\3\) to 0.15 [micro]g/m\3\ (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
[[Page 40729]]
(Griffin Pipe) facility. 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). 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
[micro]g/m\3\.
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/m\2\. 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 [micro]g/m\3\. 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
[micro]g/m\3\ 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 [micro]g/m\3\.
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
[[Page 40730]]
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 re-entrainment
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/m\3\
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 SIP-approved 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/m\3\(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.
[[Page 40731]]
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
[[Page 40732]]
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
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'' to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA Approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(50) Lead Redesignation SIP and Portions of 9/18/17 8/16/2018, [Federal [EPA-R07-OAR-2018-05
Maintenance Plan. Pottawattamie Register citation 32; FRL-9982-27--
County. of the final rule]. 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)........ [Date of publication of Attainment.
the final rule in the
Federal Register].
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