Approval of Iowa and Nebraska Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5, 30062-30066 [2019-13370]
Download as PDF
<![CDATA[
30062
Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this proposed regulatory
action have been examined and it has
been determined to be a significant
regulatory action under Executive Order
12866, because it may raise novel legal
or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order. VA’s impact analysis can be
found as a supporting document at
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s website at
https://www.va.gov/orpm by following
the link for ‘‘VA Regulations Published
from FY 2004 through Fiscal Year to
Date.’’ This proposed rule is not
expected to be subject to the
requirements of EO13771 because this
proposed rule is expected to result in no
more than de minimis costs.
Regulatory Flexibility Act
The Secretary hereby certifies that
this proposed rule would not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612.
Therefore, pursuant to 5 U.S.C. 605(b),
this proposed rulemaking is exempt
from the initial and final regulatory
flexibility analysis requirements of
sections 603 and 604.
jbell on DSK3GLQ082PROD with PROPOSALS
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance number and title for the
program affected by this document is
64.103, Life Insurance for Veterans.
List of Subjects in 38 CFR Part 9
Life insurance, Military Personnel,
Veterans.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
VerDate Sep<11>2014
16:20 Jun 25, 2019
Jkt 247001
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Robert L. Wilkie, Secretary, Department
of Veterans Affairs, approved this
document on May 3, 2019, for
publication.
AGENCY:
elements of State Implementation Plan
(SIP) submissions from Iowa
Department of Natural Resources (IDNR)
and Nebraska Department of
Environmental Quality (NDEQ) for the
2012 Annual Fine Particulate Matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS). The Clean Air Act
(CAA) requires that each state adopt and
submit a SIP that provides for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, commonly
referred to as ‘‘infrastructure’’ SIPs. In
this action EPA is proposing to approve
the interstate transportation obligations
of the State’s 2012 PM2.5 NAAQS
infrastructure SIP submittals.
DATES: Comments must be received on
or before July 26, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2019–0332, 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:
Lachala Kemp, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7214, or by email at
kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
The Environmental Protection
Agency (EPA) is proposing to approve
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. Background
Date: June 21, 2019.
Luvenia Potts,
Program Specialist, Office of Regulation
Policy & Management, Office of the Secretary,
Department of Veterans Affairs.
For the reasons stated in the
preamble, VA proposes to amend 38
CFR part 9 as set forth below:
PART 9—SERVICEMEMBERS’ GROUP
LIFE INSURANCE AND VETERANS’
GROUP LIFE INSURANCE
1. The authority citation for part 9
continues to read as follows:
■
Authority: 38 U.S.C. 501, 1965–1980A,
unless otherwise noted.
2. Amend § 9.1 by revising paragraph
(k)(1) to read as follows:
■
§ 9.1
Definitions.
*
*
*
*
*
(k)(1) The term member’s stillborn
child means a member’s biological
child—
(i) Whose death occurs before
expulsion, extraction, or delivery; and
(ii) Whose—
(A) Fetal weight is 350 grams or more;
or
(B) Duration in utero is 20 completed
weeks of gestation or more, calculated
from the date the last normal menstrual
period began to the date of expulsion,
extraction, or delivery.
*
*
*
*
*
[FR Doc. 2019–13553 Filed 6–25–19; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0332; FRL–9995–31–
Region 7]
Approval of Iowa and Nebraska Air
Quality Implementation Plans;
Infrastructure SIP Requirements for
the 2012 Annual Fine Particulate Matter
(PM2.5) National Ambient Air Quality
Standard Interstate Transport
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY:
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
E:\FR\FM\26JNP1.SGM
26JNP1
Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
V. Relevant Factors To Evaluate the 2012
PM2.5 Interstate Transport SIPs
VI. States’ Submissions and the EPA’s
Analysis
VII. What action is the EPA taking?
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2019–
0332, at https://www.regulations.gov.
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://www.epa.gov/dockets/
commenting-epa-dockets.
jbell on DSK3GLQ082PROD with PROPOSALS
II. What is being addressed in this
document?
The EPA is proposing to approve the
submittals as meeting the submittal
requirement of section 110(a)(1). The
EPA is proposing to approve certain
elements of the infrastructure SIP
submissions from Iowa received on
December 22, 2015, and from Nebraska
received on February 22, 2016.
Specifically, the EPA is proposing to
approve the following elements of
section 110(a)(2)(D)(i)(I)—significant
contribution to nonattainment (prong 1),
and interfering with maintenance of the
NAAQS (prong 2). The EPA has already
addressed elements of 110(a)(2)
including: (A) through (C), (D)(i)(II)—
prevention of significant deterioration of
air quality (prong 3), (D)(ii), and (E)
through (H), and (J) through (M) in
separate rulemakings for Iowa and
Nebraska (see docket EPA–R07–OAR–
2017–0517 and EPA–R07–OAR–2017–
0477). The EPA intends to act on section
110(a)(2)(D)(i)(II)—protection of
visibility (prong 4) in subsequent
rulemakings. Finally, EPA is not acting
on section 110(a)(2)(I) as it does not
expect infrastructure SIP submissions to
address element (I).
VerDate Sep<11>2014
16:20 Jun 25, 2019
Jkt 247001
III. Have the requirements for approval
of a SIP revision been met?
The state’s submissions have met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The state of Iowa held a 30-day
comment period, and a public hearing
on November 16, 2015. No oral or
written comments were received. The
state of Nebraska held a public comment
period from November 23, 2015, to
December 29, 2015. The state received
no comments during the public
comment period. A public hearing was
held on December 29, 2015. The
submissions satisfied the completeness
criteria of 40 CFR part 51, appendix V.
IV. Background
On December 14, 2012, the EPA
revised the primary annual PM2.5
NAAQS to 12.0 micrograms per cubic
meter (mg/m3). See 78 FR 3086 (January
15, 2013). An area meets the standard if
the three-year average of its annual
average PM2.5 concentration (at each
monitoring site in the area) is less than
or equal to 12.0 mg/m3. States were
required to submit infrastructure SIP
submissions for the 2012 PM2.5 NAAQS
to EPA no later than December 14, 2015.
CAA section 110(a)(1) requires states
to submit SIP revisions within three
years after promulgation of a new or
revised NAAQS in order to provide for
the implementation, maintenance, and
enforcement of the new or revised
NAAQS. CAA section 110(a)(2) outlines
the applicable requirements of such SIP
submissions, which EPA has
historically referred to as ‘‘infrastructure
SIP’’ submissions. Section 110(a)(2)
requires states to address basic SIP
elements such as monitoring, basic
program requirements (e.g., permitting),
and legal authority that are designed to
assure attainment and maintenance of
the newly established or revised
NAAQS. Thus, section 110(a)(1)
provides the procedural and timing
requirements for infrastructure SIPs,
and section 110(a)(2) lists specific
elements that states must meet for the
infrastructure SIP requirements related
to a newly established or revised
NAAQS. The contents of an
infrastructure SIP submission may vary
depending upon the data and analytical
tools available to the state, as well as the
provisions already contained in the
state’s implementation plan at the time
in which the state develops and submits
the submission for a new or revised
NAAQS.
Section 110(a)(2)(D) has two
subsections: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
30063
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), require plans to
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and from interfering with
maintenance of the NAAQS in another
state (prong 2). The third and fourth
prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state (prong 3) or
from interfering with measures to
protect visibility in another state (prong
4). Section 110(a)(2)(D)(ii) requires SIPs
to include provisions insuring
compliance with sections 115 and 126
of the Act, relating to interstate and
international pollution abatement.1
Through this notice, EPA is proposing
to approve the prong 1 and prong 2
portions of the infrastructure SIP
submissions by Iowa and Nebraska as
demonstrating that these states do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
in any other state. For comprehensive
information on the 2012 PM2.5 NAAQS,
please refer to the Federal Register
notice cited above.
V. Relevant Factors To Evalute the 2012
PM2.5 Intersate Transport SIPs
The EPA has developed a consistent
framework for addressing interstate
transport with respect to the PM2.5
NAAQS. This framework includes the
following four steps: (1) Identify
downwind areas that are expected to
have problems attaining or maintaining
the NAAQS; (2) Identify which upwind
states contribute to these air quality
problems in amounts sufficient to
warrant further review and analysis; (3)
Identify any emissions reductions
necessary to prevent an identified
upwind state from significantly
contributing to downwind
nonattainment or interfering with
downwind maintenance of the NAAQS;
1 The EPA highlighted the statutory requirement
to submit infrastructure SIPs within three years of
promulgation of a new NAAQS in an October 2,
2007, guidance document entitled ‘‘Guidance on
SIP Elements Required Under Sections 110(a)(1)
and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards’’ (2007
guidance). EPA has issued additional guidance
documents and memoranda, including a September
13, 2013, guidance document titled ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1)
and 110(a)(2)’’ (2013 guidance).
E:\FR\FM\26JNP1.SGM
26JNP1
jbell on DSK3GLQ082PROD with PROPOSALS
30064
Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
and (4) Adopt permanent and
enforceable measures needed to achieve
those emissions reductions.
To help states identify the receptors
expected to have problems attaining or
maintaining the 2012 annual PM2.5
NAAQS, the EPA released a
memorandum titled, ‘‘Information on
the Interstate Transport ‘Good Neighbor’
Provision for the 2012 Fine Particulate
Matter National Ambient Air Quality
Standards under Clean Air Act Section
110(a)(2)(D)(i)(I)’’ on March 17, 2016
(herein the ‘‘2016 Memo’’).2 The 2016
Memo provides projected future year
annual PM2.5 design values for monitors
throughout the country based on quality
assured and certified ambient
monitoring data and recent air quality
modeling and explains the methodology
used to develop these projected design
values. The 2016 Memo also describes
how the projected values can be used to
help determine which monitors should
be further evaluated as potential
receptors under step 1 of the interstate
transport framework described above,
and how to determine whether
emissions from other states significantly
contribute to nonattainment or interfere
with maintenance of the 2012 annual
PM2.5 NAAQS at these monitoring sites.
To develop the projected values
presented in the 2016 Memo, the EPA
used the results of nationwide
photochemical air quality modeling that
it recently performed to support several
ozone NAAQS-related rulemakings.
Base year modeling was performed for
2011. Future year modeling was
performed for 2017 to support the CrossState Air Pollution Rule (CSAPR)
Update for the 2008 Ozone NAAQS. See
81 FR 74504 (October 26, 2016). Future
year modeling was performed for 2025
to support the Regulatory Impact
Assessment of the final 2015 Ozone
NAAQS.3 In addition, and relevant to
this proposed action on interstate
transport SIPs for the 2012 annual PM2.5
NAAQS, the outputs from these model
runs included hourly concentrations of
PM2.5 that were used in conjunction
with measured data to project annual
average PM2.5 design values for 2017
and 2025.
Areas that were designated as
moderate PM2.5 nonattainment areas for
the 2012 annual PM2.5 NAAQS in 2014
must attain the NAAQS by December
31, 2021, or as expeditiously as
practicable. Since modeling results are
only available for 2017 and 2025, the
2 https://www.epa.gov/sites/production/files/
2016-08/documents/good-neighbor-memo_
implementation.pdf.
3 See 2015 ozone NAAQS RIA at: https://
www3.epa.gov/ozonepollution/pdfs/
20151001ria.pdf.
VerDate Sep<11>2014
16:20 Jun 25, 2019
Jkt 247001
2016 Memo explains that one way to
assess potential receptors for 2021 4 is to
assume that receptors projected to have
average and/or maximum design values
above the NAAQS in both 2017 and
2025 are also likely to be either
nonattainment or maintenance receptors
in 2021. Similarly, the EPA stated that
it may be reasonable to assume that
receptors that are projected to attain the
NAAQS in both 2017 and 2025 are also
likely to be attainment receptors in
2021. Where a potential receptor is
projected to be nonattainment or
maintenance in 2017, but projected to
be attainment in 2025, further analysis
of the emissions and modeling may be
needed to make a further judgement
regarding the receptor status in 2021.
Based on this approach, the EPA
identified 19 potential nonattainment
and/or maintenance receptors. All of the
17 potential nonattainment receptors are
located in California. One of the
potential maintenance-only receptors is
located in Shoshone County, Idaho, and
the other potential maintenance-only
receptor is located in Allegheny County,
Pennsylvania.
The 2016 memorandum also notes
that because of data quality problems,
nonattainment and maintenance
projections were not conducted for
monitors in all or portions of Florida,
Illinois, Idaho (outside of Shoshone
County), Tennessee and Kentucky. EPA
notes, however, that data quality
problems have subsequently been
resolved for all of the aforementioned
areas. These areas have current design
values 5 below the 2012 PM2.5 NAAQS
and are expected to continue to
maintain the NAAQS due to downward
emission trends for nitrogen oxides
(NOX) and sulfur dioxide (SO2) and
therefore are not considered potential
receptors for the purpose of interstate
transport for the 2012 PM2.5 NAAQS.
After identifying potential receptors,
the next step is to identify whether
upwind states contribute to air pollution
at each of the identified receptors in
other states. In the 2016 Memo, the EPA
did not calculate the portion of any
downwind state’s predicted PM2.5
concentrations that would result from
4 Assessing downwind PM
2.5 air quality problems
based on estimates of air quality concentrations in
a future year aligned with the relevant attainment
deadline is consistent with the instructions from
the United States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit) in North Carolina
v. EPA, 531 F.3d 896, 911–12 (D.C. Cir. 2008), that
upwind emission reductions should be harmonized,
to the extent possible, with the attainment
deadlines for downwind areas.
5 Current design values include the 2015–2017
available and certified data that states submitted to
EPA on May 1, 2018, through the Air Quality
System.
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
emissions from individual states.
Accordingly, the EPA will evaluate
prong 1 and 2 submissions for states
using a weight of evidence analysis.
This analysis is based on a review of the
state’s submission and other available
information, including air quality
trends; geographical and meteorological
information; local emissions in
downwind states and emissions from
the upwind state; and contribution
modeling from prior interstate transport
analyses. While none of these factors is
by itself fully conclusive, together they
may be used in weight of evidence
analyses to determine whether the
emissions from each of the states that
are the subject of this notice will
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 annual PM2.5
NAAQS at the identified receptors in
the 2016 Memo.
VI. States’ Submissions and the EPA’s
Analysis
Iowa: Iowa and the EPA’s
supplemental analysis concluded that
the state does not contribute
significantly to nonattainment or
interfere with maintenance of the 2012
annual PM2.5 NAAQS in any other state
for the following reasons: (1) There are
no designated PM2.5 nonattainment
areas in Iowa or in surrounding states;
(2) available monitoring data in Iowa
and in the surrounding states show
annual average concentrations below
the standard; and (3) Iowa has SIPapproved regulations to assure that the
state is not interfering with attainment
or maintenance of the 2012 PM2.5
NAAQS in any other state. As noted in
EPA’s CSAPR analysis, Iowa’s emissions
contribute to a potential maintenance
receptor in Madison County, Illinois. As
stated above, the 2016 memorandum
notes that because of data quality
problems, nonattainment and
maintenance projections were not
conducted for monitors in a number of
states including Illinois. The EPA notes,
however, that data quality problems
have subsequently been resolved for all
of the aforementioned areas. These areas
have current design values below the
2012 PM2.5 NAAQS and are expected to
continue to maintain the NAAQS due to
downward emission trends for nitrogen
oxides (NOX) and sulfur dioxide (SO2)
and therefore are not considered
potential receptors for the purpose of
interstate transport for the 2012 PM2.5
NAAQS.
With regard to the 17 California
potential receptors, located in the San
Joaquin Valley or South Coast
nonattainment areas, Iowa is nearly
1,500 miles—and downwind—from
E:\FR\FM\26JNP1.SGM
26JNP1
jbell on DSK3GLQ082PROD with PROPOSALS
Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
California. With this large distance and
a general prevailing west to east wind
flow, there is no evidence that Iowa will
impact the California potential
receptors, and as a result, the EPA
concludes that emissions in Iowa do not
significantly contribute to
nonattainment or interfere with
maintenance.
With regard to the Shoshone County,
Idaho receptor, Iowa is more than 1000
miles and downwind of this receptor.
With this distance and prevailing wind
direction, there is no evidence that Iowa
will impact this area, and as a result,
EPA concludes that sources in Iowa do
not significantly contribute to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
at the projected Shoshone County
receptor.
The EPA’s supplemental analysis
focused on whether there are
maintenance or nonattainment receptors
for 2021 to which Iowa is linked. As
noted above, the EPA’s 2016
memorandum identifies the Allegheny
County Liberty monitor (AQS ID: 42–
003–0064) as a potential maintenance
receptor in 2017, but indicates that it is
likely to attain and maintain the annual
standard in 2021. The EPA’s review of
the CSAPR contribution modeling
indicates that Iowa’s contribution to the
Liberty monitor is less than one percent
of the 2012 PM2.5 NAAQS.
Based on weight of the evidence
presented above, the EPA proposes to
approve Iowa’s SIP submission on
grounds that it addresses the State’s
110(a)(2)(D)(i)(I) good neighbor
obligation for the 2012 PM2.5 standard
and that the State will not significantly
contribute to nonattainment or interfere
with maintenance of the 2012 PM2.5
NAAQS in any other state.
Nebraska: Nebraska and the EPA’s
supplemental analysis concluded that it
does not contribute significantly to
nonattainment or interfere with
maintenance of the 2012 annual PM2.5
NAAQS in any other state for the
following reasons: (1) There are no
designated PM2.5 nonattainment areas in
Nebraska or in surrounding states; (2)
modeling conducted by EPA in support
of CSAPR indicates that Nebraska
contribution to any designated 2012
PM2.5 nonattainment area is less than
one percent of the standard; and (3)
available monitoring data in Nebraska
and in the surrounding states show
annual average concentrations below
the standard.
With regard to the 17 California
potential receptors, located in the San
Joaquin Valley or South Coast
nonattainment areas, Nebraska is well
over 1,000 miles—and downwind—
VerDate Sep<11>2014
16:20 Jun 25, 2019
Jkt 247001
from California. With this large distance
and a general prevailing west to east
wind flow, there is no evidence that
Nebraska will impact the California
potential receptors, and as a result, the
EPA concludes that emissions in
Nebraska do not significantly contribute
to nonattainment or interfere with
maintenance.
With regard to the Shoshone County,
Idaho receptor, Nebraska is more than
800 miles and downwind of this
receptor. With this distance and
prevailing wind direction, there is no
evidence that Nebraska will impact this
area, and as a result, the EPA concludes
that sources in Nebraska do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2012 PM2.5 NAAQS
at the projected Shoshone County
receptor.
The EPA’s supplemental analysis
focused on whether there are
maintenance or nonattainment receptors
for 2021 to which Nebraska is linked. As
noted above, the EPA’s 2016
memorandum identifies the Allegheny
County Liberty monitor (AQS ID: 42–
003–0064) as a potential maintenance
receptor in 2017, but indicates that it is
likely to attain and maintain the annual
standard in 2021. The EPA’s review of
the CSAPR contribution modeling
indicates that Nebraska’s contribution to
the Liberty monitor is less than one
percent of the 2012 PM2.5 NAAQS.
Based on weight of the evidence
presented above, EPA proposes to
approve Nebraska’s SIP submission on
grounds that it addresses the State’s
110(a)(2)(D)(i)(I) good neighbor
obligation for the 2012 PM2.5 standard
and that the state will not significantly
contribute to nonattainment or interfere
with maintenance of the 2012 PM2.5
NAAQS in any other state.
VII. What action is the EPA taking?
The EPA is proposing to approve the
following elements of Iowa’s December
22, 2015, and Nebraska’s February 22,
2016, infrastructure SIP submissions:
Section 110(a)(2)(D)(i)(I)—significant
contribution to nonattainment (prong 1),
and interfering with maintenance of the
NAAQS (prong 2) as applicable to the
2012 Annual PM2.5 NAAQS.
VIII. 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
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
30065
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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,
E:\FR\FM\26JNP1.SGM
26JNP1
30066
Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxides.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Dated: June 18, 2019.
James Gulliford,
Regional Administrator, Region 7.
■
Subpart-Q Iowa
1. The authority citation for part 52
continues to read as follows:
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
2. In § 52.820, the table in paragraph
(e) is amended by adding entry ‘‘(51)’’
to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.820
*
Identification of plan.
*
*
(e)* * *
*
*
EPA–APPROVED IOWA NONREGULATORY PROVISIONS
Name of nonregulatory SIP provision
*
*
(51) Section 110(a)(2)(D)(i)(I)–significant contribution to nonattainment (prong 1), and interfering
with maintenance of the NAAQs
(prong 2) (Interstate Transport)
Infrastructure Requirements for
the 2012 Annual Fine Particulate
Matter (PM2.5) NAAQS.
Applicable geographic or
nonattainment
area
State submittal
date
*
Statewide .......
Subpart CC-Nebraska
3. In § 52.1420, as proposed to be
amended May 9, 2019, at 84 FR 20319,
■
12/15/2015
EPA approval date
Explanation
*
*
[Date of publication of the final rule
in the FEDERAL REGISTER],
[FEDERAL REGISTER citation of
the final rule].
*
*
This action approves the following
CAA elements: 110(a)(1) and
110(a)(2)(D)(i)(I)—prongs 1 and
2 [EPA–R07–OAR–2019–0332;
FRL–9995–31–Region 7].
the table in paragraph (e) is further
amended by adding entry ‘‘(36)’’ to read
as follows:
§ 52.1420
*
Identification of plan.
*
*
(e)* * *
*
*
EPA–APPROVED NEBRASKA NONREGULATORY PROVISIONS
Name of nonregulatory SIP provision
Applicable geographic or
nonattainment
area
State submittal
date
*
*
*
(36) Section 110(a)(2)(D)(i)(I) –sig- Statewide .......
nificant contribution to nonattainment (prong 1), and interfering
with maintenance of the NAAQs
(prong 2) (Interstate Transport)
Infrastructure Requirements for
the 2012 Annual Fine Particulate
Matter (PM2.5) NAAQS.
ACTION:
[FR Doc. 2019–13370 Filed 6–25–19; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 52
jbell on DSK3GLQ082PROD with PROPOSALS
[EPA–R05–OAR–2018–0734; FRL–9995–68–
Region 5]
Air Plan Approval; Indiana; Indiana
RACT SIP and Negative Declaration for
the Oil and Natural Gas Industry
Control Techniques Guidelines
Environmental Protection
Agency (EPA).
AGENCY:
17:44 Jun 25, 2019
Explanation
*
*
[Date of publication of the final rule
in the FEDERAL REGISTER],
[FEDERAL REGISTER citation of
the final rule].
*
*
This action approves the following
CAA elements: 110(a)(1) and
110(a)(2)(D)(i)(I)—prongs 1 and
2 [EPA–R07–OAR–2019–0332;
FRL–9995–31-Region 7].
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve a
‘‘Negative Declaration’’ for the State of
Indiana regarding the Control
Techniques Guidelines (CTG) for the Oil
and Gas Industry issued by EPA on
October 20, 2016. Indiana has evaluated
areas for which the Oil and Natural Gas
Industry CTG must be applied under the
2008 ozone National Ambient Air
Quality Standard (NAAQS). EPA has
included Lake and Porter counties as
part of the Chicago-Naperville, IL–IN–
WI Moderate nonattainment area for the
2008 ozone NAAQS. Therefore,
reasonably available control technology
(RACT) requirements would be
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Sep<11>2014
2/22/2016
EPA approval date
Jkt 247001
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
applicable for sources covered by the
CTGs in Lake and Porter counties. No
covered sources were found in Lake and
Porter counties. Approval of this
Negative Declaration supports EPA’s
February 13, 2019 approval of Indiana’s
volatile organic compounds (VOC)
RACT Certification for Lake and Porter
Counties.
DATES: Comments must be received on
or before July 26, 2019.
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0734, at https://
www.regulations.gov, or via email to
Aburano.Douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
ADDRESSES:
E:\FR\FM\26JNP1.SGM
26JNP1
]]>Agencies
[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Proposed Rules]
[Pages 30062-30066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13370]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0332; FRL-9995-31-Region 7]
Approval of Iowa and Nebraska Air Quality Implementation Plans;
Infrastructure SIP Requirements for the 2012 Annual Fine Particulate
Matter (PM2.5) National Ambient Air Quality Standard Interstate
Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of State Implementation Plan (SIP) submissions from
Iowa Department of Natural Resources (IDNR) and Nebraska Department of
Environmental Quality (NDEQ) for the 2012 Annual Fine Particulate
Matter (PM2.5) National Ambient Air Quality Standard
(NAAQS). The Clean Air Act (CAA) requires that each state adopt and
submit a SIP that provides for the implementation, maintenance, and
enforcement of each NAAQS promulgated by EPA, commonly referred to as
``infrastructure'' SIPs. In this action EPA is proposing to approve the
interstate transportation obligations of the State's 2012
PM2.5 NAAQS infrastructure SIP submittals.
DATES: Comments must be received on or before July 26, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2019-0332, 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: Lachala Kemp, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7214, 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. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. Background
[[Page 30063]]
V. Relevant Factors To Evaluate the 2012 PM2.5 Interstate
Transport SIPs
VI. States' Submissions and the EPA's Analysis
VII. What action is the EPA taking?
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0332, at https://www.regulations.gov. 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://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve the submittals as meeting the
submittal requirement of section 110(a)(1). The EPA is proposing to
approve certain elements of the infrastructure SIP submissions from
Iowa received on December 22, 2015, and from Nebraska received on
February 22, 2016. Specifically, the EPA is proposing to approve the
following elements of section 110(a)(2)(D)(i)(I)--significant
contribution to nonattainment (prong 1), and interfering with
maintenance of the NAAQS (prong 2). The EPA has already addressed
elements of 110(a)(2) including: (A) through (C), (D)(i)(II)--
prevention of significant deterioration of air quality (prong 3),
(D)(ii), and (E) through (H), and (J) through (M) in separate
rulemakings for Iowa and Nebraska (see docket EPA-R07-OAR-2017-0517 and
EPA-R07-OAR-2017-0477). The EPA intends to act on section
110(a)(2)(D)(i)(II)--protection of visibility (prong 4) in subsequent
rulemakings. Finally, EPA is not acting on section 110(a)(2)(I) as it
does not expect infrastructure SIP submissions to address element (I).
III. Have the requirements for approval of a SIP revision been met?
The state's submissions have met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state of Iowa
held a 30-day comment period, and a public hearing on November 16,
2015. No oral or written comments were received. The state of Nebraska
held a public comment period from November 23, 2015, to December 29,
2015. The state received no comments during the public comment period.
A public hearing was held on December 29, 2015. The submissions
satisfied the completeness criteria of 40 CFR part 51, appendix V.
IV. Background
On December 14, 2012, the EPA revised the primary annual
PM2.5 NAAQS to 12.0 micrograms per cubic meter ([mu]g/m\3\).
See 78 FR 3086 (January 15, 2013). An area meets the standard if the
three-year average of its annual average PM2.5 concentration
(at each monitoring site in the area) is less than or equal to 12.0
[mu]g/m\3\. States were required to submit infrastructure SIP
submissions for the 2012 PM2.5 NAAQS to EPA no later than
December 14, 2015.
CAA section 110(a)(1) requires states to submit SIP revisions
within three years after promulgation of a new or revised NAAQS in
order to provide for the implementation, maintenance, and enforcement
of the new or revised NAAQS. CAA section 110(a)(2) outlines the
applicable requirements of such SIP submissions, which EPA has
historically referred to as ``infrastructure SIP'' submissions. Section
110(a)(2) requires states to address basic SIP elements such as
monitoring, basic program requirements (e.g., permitting), and legal
authority that are designed to assure attainment and maintenance of the
newly established or revised NAAQS. Thus, section 110(a)(1) provides
the procedural and timing requirements for infrastructure SIPs, and
section 110(a)(2) lists specific elements that states must meet for the
infrastructure SIP requirements related to a newly established or
revised NAAQS. The contents of an infrastructure SIP submission may
vary depending upon the data and analytical tools available to the
state, as well as the provisions already contained in the state's
implementation plan at the time in which the state develops and submits
the submission for a new or revised NAAQS.
Section 110(a)(2)(D) has two subsections: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), require plans to prohibit any
source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit
emissions activity in one state from interfering with measures required
to prevent significant deterioration of air quality in another state
(prong 3) or from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to
include provisions insuring compliance with sections 115 and 126 of the
Act, relating to interstate and international pollution abatement.\1\
---------------------------------------------------------------------------
\1\ The EPA highlighted the statutory requirement to submit
infrastructure SIPs within three years of promulgation of a new
NAAQS in an October 2, 2007, guidance document entitled ``Guidance
on SIP Elements Required Under Sections 110(a)(1) and (2) for the
1997 8-hour Ozone and PM2.5 National Ambient Air Quality
Standards'' (2007 guidance). EPA has issued additional guidance
documents and memoranda, including a September 13, 2013, guidance
document titled ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2)'' (2013 guidance).
---------------------------------------------------------------------------
Through this notice, EPA is proposing to approve the prong 1 and
prong 2 portions of the infrastructure SIP submissions by Iowa and
Nebraska as demonstrating that these states do not significantly
contribute to nonattainment or interfere with maintenance of the 2012
PM2.5 NAAQS in any other state. For comprehensive
information on the 2012 PM2.5 NAAQS, please refer to the
Federal Register notice cited above.
V. Relevant Factors To Evalute the 2012 PM2.5 Intersate Transport SIPs
The EPA has developed a consistent framework for addressing
interstate transport with respect to the PM2.5 NAAQS. This
framework includes the following four steps: (1) Identify downwind
areas that are expected to have problems attaining or maintaining the
NAAQS; (2) Identify which upwind states contribute to these air quality
problems in amounts sufficient to warrant further review and analysis;
(3) Identify any emissions reductions necessary to prevent an
identified upwind state from significantly contributing to downwind
nonattainment or interfering with downwind maintenance of the NAAQS;
[[Page 30064]]
and (4) Adopt permanent and enforceable measures needed to achieve
those emissions reductions.
To help states identify the receptors expected to have problems
attaining or maintaining the 2012 annual PM2.5 NAAQS, the
EPA released a memorandum titled, ``Information on the Interstate
Transport `Good Neighbor' Provision for the 2012 Fine Particulate
Matter National Ambient Air Quality Standards under Clean Air Act
Section 110(a)(2)(D)(i)(I)'' on March 17, 2016 (herein the ``2016
Memo'').\2\ The 2016 Memo provides projected future year annual
PM2.5 design values for monitors throughout the country
based on quality assured and certified ambient monitoring data and
recent air quality modeling and explains the methodology used to
develop these projected design values. The 2016 Memo also describes how
the projected values can be used to help determine which monitors
should be further evaluated as potential receptors under step 1 of the
interstate transport framework described above, and how to determine
whether emissions from other states significantly contribute to
nonattainment or interfere with maintenance of the 2012 annual
PM2.5 NAAQS at these monitoring sites.
---------------------------------------------------------------------------
\2\ https://www.epa.gov/sites/production/files/2016-08/documents/good-neighbor-memo_implementation.pdf.
---------------------------------------------------------------------------
To develop the projected values presented in the 2016 Memo, the EPA
used the results of nationwide photochemical air quality modeling that
it recently performed to support several ozone NAAQS-related
rulemakings. Base year modeling was performed for 2011. Future year
modeling was performed for 2017 to support the Cross-State Air
Pollution Rule (CSAPR) Update for the 2008 Ozone NAAQS. See 81 FR 74504
(October 26, 2016). Future year modeling was performed for 2025 to
support the Regulatory Impact Assessment of the final 2015 Ozone
NAAQS.\3\ In addition, and relevant to this proposed action on
interstate transport SIPs for the 2012 annual PM2.5 NAAQS,
the outputs from these model runs included hourly concentrations of
PM2.5 that were used in conjunction with measured data to
project annual average PM2.5 design values for 2017 and
2025.
---------------------------------------------------------------------------
\3\ See 2015 ozone NAAQS RIA at: https://www3.epa.gov/ozonepollution/pdfs/20151001ria.pdf.
---------------------------------------------------------------------------
Areas that were designated as moderate PM2.5
nonattainment areas for the 2012 annual PM2.5 NAAQS in 2014
must attain the NAAQS by December 31, 2021, or as expeditiously as
practicable. Since modeling results are only available for 2017 and
2025, the 2016 Memo explains that one way to assess potential receptors
for 2021 \4\ is to assume that receptors projected to have average and/
or maximum design values above the NAAQS in both 2017 and 2025 are also
likely to be either nonattainment or maintenance receptors in 2021.
Similarly, the EPA stated that it may be reasonable to assume that
receptors that are projected to attain the NAAQS in both 2017 and 2025
are also likely to be attainment receptors in 2021. Where a potential
receptor is projected to be nonattainment or maintenance in 2017, but
projected to be attainment in 2025, further analysis of the emissions
and modeling may be needed to make a further judgement regarding the
receptor status in 2021.
---------------------------------------------------------------------------
\4\ Assessing downwind PM2.5 air quality problems
based on estimates of air quality concentrations in a future year
aligned with the relevant attainment deadline is consistent with the
instructions from the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) in North Carolina v.
EPA, 531 F.3d 896, 911-12 (D.C. Cir. 2008), that upwind emission
reductions should be harmonized, to the extent possible, with the
attainment deadlines for downwind areas.
---------------------------------------------------------------------------
Based on this approach, the EPA identified 19 potential
nonattainment and/or maintenance receptors. All of the 17 potential
nonattainment receptors are located in California. One of the potential
maintenance-only receptors is located in Shoshone County, Idaho, and
the other potential maintenance-only receptor is located in Allegheny
County, Pennsylvania.
The 2016 memorandum also notes that because of data quality
problems, nonattainment and maintenance projections were not conducted
for monitors in all or portions of Florida, Illinois, Idaho (outside of
Shoshone County), Tennessee and Kentucky. EPA notes, however, that data
quality problems have subsequently been resolved for all of the
aforementioned areas. These areas have current design values \5\ below
the 2012 PM2.5 NAAQS and are expected to continue to
maintain the NAAQS due to downward emission trends for nitrogen oxides
(NOX) and sulfur dioxide (SO2) and therefore are
not considered potential receptors for the purpose of interstate
transport for the 2012 PM2.5 NAAQS.
---------------------------------------------------------------------------
\5\ Current design values include the 2015-2017 available and
certified data that states submitted to EPA on May 1, 2018, through
the Air Quality System.
---------------------------------------------------------------------------
After identifying potential receptors, the next step is to identify
whether upwind states contribute to air pollution at each of the
identified receptors in other states. In the 2016 Memo, the EPA did not
calculate the portion of any downwind state's predicted
PM2.5 concentrations that would result from emissions from
individual states. Accordingly, the EPA will evaluate prong 1 and 2
submissions for states using a weight of evidence analysis. This
analysis is based on a review of the state's submission and other
available information, including air quality trends; geographical and
meteorological information; local emissions in downwind states and
emissions from the upwind state; and contribution modeling from prior
interstate transport analyses. While none of these factors is by itself
fully conclusive, together they may be used in weight of evidence
analyses to determine whether the emissions from each of the states
that are the subject of this notice will significantly contribute to
nonattainment or interfere with maintenance of the 2012 annual
PM2.5 NAAQS at the identified receptors in the 2016 Memo.
VI. States' Submissions and the EPA's Analysis
Iowa: Iowa and the EPA's supplemental analysis concluded that the
state does not contribute significantly to nonattainment or interfere
with maintenance of the 2012 annual PM2.5 NAAQS in any other
state for the following reasons: (1) There are no designated
PM2.5 nonattainment areas in Iowa or in surrounding states;
(2) available monitoring data in Iowa and in the surrounding states
show annual average concentrations below the standard; and (3) Iowa has
SIP-approved regulations to assure that the state is not interfering
with attainment or maintenance of the 2012 PM2.5 NAAQS in
any other state. As noted in EPA's CSAPR analysis, Iowa's emissions
contribute to a potential maintenance receptor in Madison County,
Illinois. As stated above, the 2016 memorandum notes that because of
data quality problems, nonattainment and maintenance projections were
not conducted for monitors in a number of states including Illinois.
The EPA notes, however, that data quality problems have subsequently
been resolved for all of the aforementioned areas. These areas have
current design values below the 2012 PM2.5 NAAQS and are
expected to continue to maintain the NAAQS due to downward emission
trends for nitrogen oxides (NOX) and sulfur dioxide
(SO2) and therefore are not considered potential receptors
for the purpose of interstate transport for the 2012 PM2.5
NAAQS.
With regard to the 17 California potential receptors, located in
the San Joaquin Valley or South Coast nonattainment areas, Iowa is
nearly 1,500 miles--and downwind--from
[[Page 30065]]
California. With this large distance and a general prevailing west to
east wind flow, there is no evidence that Iowa will impact the
California potential receptors, and as a result, the EPA concludes that
emissions in Iowa do not significantly contribute to nonattainment or
interfere with maintenance.
With regard to the Shoshone County, Idaho receptor, Iowa is more
than 1000 miles and downwind of this receptor. With this distance and
prevailing wind direction, there is no evidence that Iowa will impact
this area, and as a result, EPA concludes that sources in Iowa do not
significantly contribute to nonattainment or interfere with maintenance
of the 2012 PM2.5 NAAQS at the projected Shoshone County
receptor.
The EPA's supplemental analysis focused on whether there are
maintenance or nonattainment receptors for 2021 to which Iowa is
linked. As noted above, the EPA's 2016 memorandum identifies the
Allegheny County Liberty monitor (AQS ID: 42-003-0064) as a potential
maintenance receptor in 2017, but indicates that it is likely to attain
and maintain the annual standard in 2021. The EPA's review of the CSAPR
contribution modeling indicates that Iowa's contribution to the Liberty
monitor is less than one percent of the 2012 PM2.5 NAAQS.
Based on weight of the evidence presented above, the EPA proposes
to approve Iowa's SIP submission on grounds that it addresses the
State's 110(a)(2)(D)(i)(I) good neighbor obligation for the 2012
PM2.5 standard and that the State will not significantly
contribute to nonattainment or interfere with maintenance of the 2012
PM2.5 NAAQS in any other state.
Nebraska: Nebraska and the EPA's supplemental analysis concluded
that it does not contribute significantly to nonattainment or interfere
with maintenance of the 2012 annual PM2.5 NAAQS in any other
state for the following reasons: (1) There are no designated
PM2.5 nonattainment areas in Nebraska or in surrounding
states; (2) modeling conducted by EPA in support of CSAPR indicates
that Nebraska contribution to any designated 2012 PM2.5
nonattainment area is less than one percent of the standard; and (3)
available monitoring data in Nebraska and in the surrounding states
show annual average concentrations below the standard.
With regard to the 17 California potential receptors, located in
the San Joaquin Valley or South Coast nonattainment areas, Nebraska is
well over 1,000 miles--and downwind--from California. With this large
distance and a general prevailing west to east wind flow, there is no
evidence that Nebraska will impact the California potential receptors,
and as a result, the EPA concludes that emissions in Nebraska do not
significantly contribute to nonattainment or interfere with
maintenance.
With regard to the Shoshone County, Idaho receptor, Nebraska is
more than 800 miles and downwind of this receptor. With this distance
and prevailing wind direction, there is no evidence that Nebraska will
impact this area, and as a result, the EPA concludes that sources in
Nebraska do not significantly contribute to nonattainment or interfere
with maintenance of the 2012 PM2.5 NAAQS at the projected
Shoshone County receptor.
The EPA's supplemental analysis focused on whether there are
maintenance or nonattainment receptors for 2021 to which Nebraska is
linked. As noted above, the EPA's 2016 memorandum identifies the
Allegheny County Liberty monitor (AQS ID: 42-003-0064) as a potential
maintenance receptor in 2017, but indicates that it is likely to attain
and maintain the annual standard in 2021. The EPA's review of the CSAPR
contribution modeling indicates that Nebraska's contribution to the
Liberty monitor is less than one percent of the 2012 PM2.5
NAAQS.
Based on weight of the evidence presented above, EPA proposes to
approve Nebraska's SIP submission on grounds that it addresses the
State's 110(a)(2)(D)(i)(I) good neighbor obligation for the 2012
PM2.5 standard and that the state will not significantly
contribute to nonattainment or interfere with maintenance of the 2012
PM2.5 NAAQS in any other state.
VII. What action is the EPA taking?
The EPA is proposing to approve the following elements of Iowa's
December 22, 2015, and Nebraska's February 22, 2016, infrastructure SIP
submissions: Section 110(a)(2)(D)(i)(I)--significant contribution to
nonattainment (prong 1), and interfering with maintenance of the NAAQS
(prong 2) as applicable to the 2012 Annual PM2.5 NAAQS.
VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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,
[[Page 30066]]
Nitrogen dioxide, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxides.
Dated: June 18, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart-Q Iowa
0
2. In Sec. 52.820, the table in paragraph (e) is amended by adding
entry ``(51)'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e)* * *
EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(51) Section Statewide.......... 12/15/2015 [Date of publication This action approves
110(a)(2)(D)(i)(I)-significa of the final rule in the following CAA
nt contribution to the Federal elements: 110(a)(1)
nonattainment (prong 1), and Register], [Federal and
interfering with maintenance Register citation of 110(a)(2)(D)(i)(I)--
of the NAAQs (prong 2) the final rule]. prongs 1 and 2 [EPA-
(Interstate Transport) R07-OAR-2019-0332;
Infrastructure Requirements FRL-9995-31-Region
for the 2012 Annual Fine 7].
Particulate Matter (PM2.5)
NAAQS.
----------------------------------------------------------------------------------------------------------------
Subpart CC-Nebraska
0
3. In Sec. 52.1420, as proposed to be amended May 9, 2019, at 84 FR
20319, the table in paragraph (e) is further amended by adding entry
``(36)'' to read as follows:
Sec. 52.1420 Identification of plan.
* * * * *
(e)* * *
EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(36) Section Statewide.......... 2/22/2016 [Date of publication This action approves
110(a)(2)(D)(i)(I) - of the final rule in the following CAA
significant contribution to the Federal elements: 110(a)(1)
nonattainment (prong 1), and Register], [Federal and
interfering with maintenance Register citation of 110(a)(2)(D)(i)(I)--
of the NAAQs (prong 2) the final rule]. prongs 1 and 2 [EPA-
(Interstate Transport) R07-OAR-2019-0332;
Infrastructure Requirements FRL-9995-31-Region
for the 2012 Annual Fine 7].
Particulate Matter (PM2.5)
NAAQS.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-13370 Filed 6-25-19; 8:45 am]
BILLING CODE 6560-50-P
