Approval of Iowa and Nebraska Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5, 46887-46889 [2019-19071]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves safety
zones that will prohibit entry within 50
yards of certain swim courses between
the Les Cheneaux Islands. It is
categorically excluded from further
review under paragraph L[60(a)] in
Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0755 to read as
follows:
jspears on DSK3GMQ082PROD with RULES
■
(a) Location. The following area is a
safety zone: All navigable waters within
50 yards of a line drawn between the
Jkt 247001
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 the EPA, commonly
referred to as ‘‘infrastructure’’ SIPs. In
this action the EPA is taking final action
to approve the interstate transportation
obligations of the State’s 2012 PM2.5
NAAQS infrastructure SIP submittals.
DATES: This final rule is effective on
October 7, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0332. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Lachala Kemp, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7214,
email address 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:
40 CFR Part 52
Table of Contents
[EPA–R07–OAR–2019–0332; FRL–9998–89–
Region 7]
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP submission been met?
III. The EPA’s Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
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: Final rule.
AGENCY:
§ 165.T09–0755 Safety Zones; Les
Cheneaux Islands, Cedarville, MI.
15:45 Sep 05, 2019
Dated: August 30, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2019–19256 Filed 9–5–19; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
following coordinates, based on NAD
83:
(1) 45° 58.481′ N, 084° 17.546′ W to
45°58.535′ N, 084° 18.102′ W.
(2) 45° 58.158′ N, 084° 18.319′ W to
45° 58.157′ N, 084° 18.595′ W.
(3) 45° 59.468′ N, 084° 19.826′ W to
45° 58.973′ N, 084° 19.807′ W.
(4) 45° 58.445′ N, 084° 21.792′ W to
45° 58.301′ N, 084° 22.003′ W.
(5) 45° 58.535′ N, 084° 22.480′ W to
45° 58.732′ N, 084° 22.591′ W to 45°
59.001′ N, 084° 22.914′ W to 45° 59.044′
N, 084° 22.792′ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sault Sainte Marie (COTP) in
the enforcement of the safety zones.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter, hail
the COTP’s representative on an
appropriate VHF channel. Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the COTP’s designated
representative.
(d) Enforcement period. This section
will be enforced from 7:00 a.m. to 3:00
p.m. on September 8, 2019.
46887
The Environmental Protection
Agency (EPA) is approving elements of
SUMMARY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
I. What is being addressed in this
document?
This final rulemaking approves
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 approving the
following elements of section
E:\FR\FM\06SER1.SGM
06SER1
46888
Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
110(a)(2)(D)(i)(I)—significant
contribution to nonattainment (prong 1),
and interfering with maintenance of the
NAAQS (prong 2). The background for
this action is discussed in detail in
EPA’s proposed rulemaking published
in the Federal Register on June 26, 2019
(84 FR 30062).
II. Have the requirements for approval
of a SIP submission 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.
III. The EPA’s Response to Comments
The public comment period on EPA’s
proposed rule opened June 26, 2019, the
date of its publication in the Federal
Register and closed on July 26, 2019.
During this period, the EPA received no
comments on the action.
IV. What action is the EPA taking?
The EPA is taking final action 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.
jspears on DSK3GMQ082PROD with RULES
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
VerDate Sep<11>2014
15:45 Sep 05, 2019
Jkt 247001
• 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).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 5, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxides.
Dated: August 26, 2019.
Edward Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart—Q Iowa
2. In § 52.820, the table in paragraph
(e) is amended by adding entry ‘‘(51)’’
to read as follows:
■
§ 52.820
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\06SER1.SGM
06SER1
*
*
Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
46889
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
EPA Approval date
Explanation
*
Statewide ...............
*
12/15/2015
*
9/6/2019, [insert
Federal Register
citation].
*
*
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–9998–89–Region 7].
§ 52.1420
Subpart CC—Nebraska
3. In § 52.1420, the table in paragraph
(e) is amended by adding entry ‘‘(36)’’
to read as follows:
■
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS
Name of nonregulatory SIP provision
*
*
(36) 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
EPA approval date
Explanation
*
Statewide ...............
*
2/22/2016
*
9/6/2019, [insert
Federal Register
citation].
*
*
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–9998–89–Region 7].
[FR Doc. 2019–19071 Filed 9–5–19; 8:45 a.m.]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0700; FRL–9999–33–
Region 5]
Air Plan Approval; Indiana; Regional
Haze Plan and Prong 4 (Visibility) for
the 2006 and 2012 PM2.5, 2010 NO2,
2010 SO2, and 2008 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking action under the
Clean Air Act (CAA) on Indiana’s
November 27, 2017 State
Implementation Plan (SIP) submittal
addressing regional haze. This action is
based on EPA’s previous determination
that a state’s implementation of the
Cross-State Air Pollution Rule (CSAPR)
program continues to meet the criteria
of the Regional Haze Rule (RHR) to
qualify as an alternative to the
jspears on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:45 Sep 05, 2019
Jkt 247001
application of Best Available Retrofit
Technology (BART). EPA is taking
several related actions. First, EPA is
approving the portion of Indiana’s
November 27, 2017 SIP submittal
seeking to change reliance from the
Clean Air Interstate Rule (CAIR) to
CSAPR for certain regional haze
requirements. EPA is also converting
EPA’s limited approval/limited
disapproval of Indiana’s regional haze
SIP to a full approval and withdrawing
the Federal Implementation Plan (FIP)
provisions that address the limited
disapproval. Finally, EPA is approving
the visibility prong (‘‘prong 4’’) of
Indiana’s infrastructure SIP submittals
for the 2006 24-hour and 2012 annual
fine particulate matter (PM2.5), 2010
nitrogen dioxide (NO2), and 2010 sulfur
dioxide (SO2) National Ambient Air
Quality Standards (NAAQS) and
converting EPA’s disapproval of the
visibility portion of Indiana’s
infrastructure SIP submittal for the 2008
ozone NAAQS to an approval.
DATES: This final rule is effective
October 7, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0700. All
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either through
https://www.regulations.gov or at the
EPA Region 5 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section for
availability information).
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
E:\FR\FM\06SER1.SGM
06SER1
]]>Agencies
[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46887-46889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19071]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0332; FRL-9998-89-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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
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 the EPA, commonly referred to
as ``infrastructure'' SIPs. In this action the EPA is taking final
action to approve the interstate transportation obligations of the
State's 2012 PM2.5 NAAQS infrastructure SIP submittals.
DATES: This final rule is effective on October 7, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0332. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7214, email
address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP submission been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
This final rulemaking approves 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 approving the following elements of section
[[Page 46888]]
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong
1), and interfering with maintenance of the NAAQS (prong 2). The
background for this action is discussed in detail in EPA's proposed
rulemaking published in the Federal Register on June 26, 2019 (84 FR
30062).
II. Have the requirements for approval of a SIP submission 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.
III. The EPA's Response to Comments
The public comment period on EPA's proposed rule opened June 26,
2019, the date of its publication in the Federal Register and closed on
July 26, 2019. During this period, the EPA received no comments on the
action.
IV. What action is the EPA taking?
The EPA is taking final action 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.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 5, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxides.
Dated: August 26, 2019.
Edward Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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) * * *
[[Page 46889]]
EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA Approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(51) Section 110(a)(2) Statewide......... 12/15/2015 9/6/2019, [insert This action approves
(D)(i)(I)--significant Federal Register the following CAA
contribution to nonattainment citation]. elements: 110(a)(1)
(prong 1), and interfering and 110(a)(2
with maintenance of the NAAQs (D)(i)(I)--prongs 1
(prong 2) (Interstate and 2 [EPA-R07-OAR-
Transport) Infrastructure 2019-0332; FRL-9998-89-
Requirements for the 2012 Region 7].
Annual Fine Particulate Matter
(PM2.5) NAAQS.
----------------------------------------------------------------------------------------------------------------
Subpart CC--Nebraska
0
3. In Sec. 52.1420, the table in paragraph (e) is 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 110(a)(2) Statewide......... 2/22/2016 9/6/2019, [insert This action approves
(D)(i)(I)--significant Federal Register the following CAA
contribution to nonattainment citation]. elements: 110(a)(1)
(prong 1), and interfering and 110(a)(2
with maintenance of the NAAQs (D)(i)(I)--prongs 1
(prong 2) (Interstate and 2 [EPA-R07-OAR-
Transport) Infrastructure 2019-0332; FRL-9998-89-
Requirements for the 2012 Region 7].
Annual Fine Particulate Matter
(PM2.5) NAAQS.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-19071 Filed 9-5-19; 8:45 a.m.]
BILLING CODE 6560-50-P
