Air Plan Approval; Iowa; Infrastructure State Implementation Plan Requirements for the 2015 Ozone National Ambient Air Quality Standard, 46984-46986 [2021-17712]
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46984
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
(The Office of Management and
Budget has approved the information
collection requirements in this section
under control number 2900–0889).
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■ 5. Amend § 36.4807 by revising the
sentence in parenthesis at the end of the
section to read as follows:
§ 36.4807 Application for partial claim
payment.
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(The Office of Management and
Budget has approved the information
collection requirements in this section
under control numbers 2900–0021 and
2900–0889).
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Dated: August 18, 2021.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2021–18001 Filed 8–20–21; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Part 52
[EPA–R07–OAR–2021–0378; FRL–8704–02–
R7]
Air Plan Approval; Iowa; Infrastructure
State Implementation Plan
Requirements for the 2015 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve certain elements of a State
Implementation Plan (SIP) submission
from the State of Iowa addressing the
applicable requirements of section 110
of the Clean Air Act (CAA) for the 2015
Ozone (O3) National Ambient Air
Quality Standard (NAAQS). Section 110
requires that each state adopt and
submit a SIP revision to support the
implementation, maintenance, and
enforcement of each new or revised
NAAQS promulgated by the EPA. These
SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: This final rule is effective on
September 22, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
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SUMMARY:
VerDate Sep<11>2014
16:11 Aug 20, 2021
No. EPA–R07–OAR–2021–0378. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7664;
email address: heitman.jason@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA. A technical
support document (TSD) is included in
the rulemaking docket.
Jkt 253001
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a
sip revision been met?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. Background
On June 29, 2021, the EPA proposed
to approve Iowa’s infrastructure SIP
submission for the 2015 O3 NAAQS in
the Federal Register (86 FR 34175). The
EPA solicited comments on the
proposed approval of the infrastructure
SIP submission and received no
comments.
II. What is being addressed in this
document?
The EPA is approving the
infrastructure SIP submission received
from the state on November 30, 2018 in
accordance with section 110(a)(1) of the
CAA. Specifically, the EPA is approving
Iowa’s SIP as meeting the following
infrastructure elements of section
110(a)(2) of the CAA: (A) through (C),
(D)(i)(II)—prevention of significant
deterioration of air quality (prong 3) and
protection of visibility (prong 4), (D)(ii),
(E) through (H), and (J) through (M).
Elements of section 110(a)(2)(D)(i)(I)—
significant contribution to
nonattainment (prong 1) and interfering
with maintenance of the NAAQS (prong
2) will be addressed in a separate action.
Section 110(a)(2)(I) was discussed in
the submission; however, the EPA does
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not expect infrastructure SIP
submissions to address element (I).
Section 110(a)(2)(I) requires states to
meet the applicable SIP requirements of
part D of the CAA relating to designated
nonattainment areas. The specific part D
submissions for designated
nonattainment areas are subject to
different submission schedules than
those for section 110 infrastructure
elements. The EPA will act on part D
attainment plan SIP submissions
through a separate rulemaking governed
by the requirements for nonattainment
areas, as described in part D.
A Technical Support Document (TSD)
in the docket provides additional details
of this action, including an analysis of
how the SIP meets the applicable CAA
section 110 requirements for
infrastructure SIPs.
III. Have the requirements for approval
of a SIP revision been met?
The State met the public notice
requirements for SIP submissions in
accordance with 40 CFR 51.102. The
EPA determined that the submission
satisfied the completeness criteria of 40
CFR part 51, appendix V. The State
provided a public comment period for
this SIP revision from September 18,
2018 to October 19, 2018 and received
two comments related to a request for
more stringent ozone requirements and
an increase in ozone monitors. The state
provided an adequate response to these
comments. In addition, as explained in
more detail in the TSD which is part of
this docket, the infrastructure SIP
submission meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations. The public comment period
on the EPA’s proposed rule opened June
29, 2021, the date of its publication in
the Federal Register and closed on July
29, 2021. During this period, the EPA
received no comments.
IV. What action is the EPA taking?
The EPA is approving elements of the
November 30, 2018, submission from
the State of Iowa addressing the
infrastructure elements for the 2015 O3
NAAQS. Specifically, the EPA is
approving Iowa’s SIP as meeting the
following infrastructure elements of
section 110(a)(2): (A) through (C),
(D)(i)(II) prong 3 and prong 4, (D)(ii), (E)
through (H), (J) through (M). The EPA
intends to act on the elements of section
110(a)(2)(D)(i)(I)—prong 1 and prong 2
in a subsequent rulemaking. The EPA is
not addressing Section 110(a)(2)(I) as it
is the EPA’s interpretation of the CAA
that these elements do not need to be
addressed in the context of an
infrastructure SIP submission.
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
Based upon review of the State’s
infrastructure SIP submissions and
relevant statutory and regulatory
authorities and provisions referenced in
those submissions or referenced in
Iowa’s SIP, the EPA finds that Iowa’s
SIP meets all applicable required
elements of sections 110(a)(1) and (2)
(except as otherwise noted) with respect
to the 2015 O3 NAAQS.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
46985
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 22, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Infrastructure,
Intergovernmental relations, Ozone.
Dated: August 12, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. In § 52.820, the table in paragraph
(e) is amended by adding the entry
‘‘(54)’’ in numerical order to read as
follows:
■
§ 52.820
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Identification of plan.
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(e) * * *
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EPA-APPROVED IOWA NONREGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable
geographic or
nonattainment
area
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(54)Section 110(a)(2) InfraStatewide ..........
structure Requirements for
the 2015 O3 NAAQS.
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State
submittal
date
11/30/18
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EPA approval date
Explanation
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8/23/21, [Insert Federal Register citation].
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[EPA–R07–OAR–2021–0378; FRL–8704–02–
Region 7].
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II)—
prongs 3 and 4, (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). 110(a)(2)(D)(i)(I)—
prongs 1 and 2 will be addressed in a separate action. 110(a)(2)(I) is not applicable.
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46986
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
[FR Doc. 2021–17712 Filed 8–20–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0134; FRL–8760–02–
R9]
Air Plan Approval; Arizona; Pinal
County Air Quality Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Pinal County
Air Quality Control District (PCAQCD)
portion of the Arizona State
Implementation Plan (SIP). These
revisions concern the District’s negative
declarations for the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS or ‘‘standards’’) in the portion
of the Phoenix-Mesa ozone
nonattainment area under the
jurisdiction of the PCAQCD and two
volatile organic compound (VOC) rules
covering gasoline dispensing and
surface coating operations. We are
approving local rules that regulate these
emission sources under the Clean Air
SUMMARY:
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4126 or by
email at Law.Nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 5, 2021, 2 the EPA proposed
to approve negative declarations for the
2008 8-hour ozone NAAQS in the
portion of the Phoenix-Mesa ozone
nonattainment area under the
jurisdiction of the PCAQCD and the
following two PCAQCD rules: Chapter
5, Article 13, Surface Coating
Operations, and Chapter 5, Article 20,
Storage and Loading of Gasoline at
Gasoline Dispensing Facilities. The
following table lists the documents that
were submitted by the Arizona
Department of Environmental Quality
(AQED) for incorporation into the
Arizona SIP; these documents were the
subject of our March 5, 2021 proposed
rulemaking action and submitted in
response to our August 9, 2019 partial
and limited disapproval actions.3
Local agency
Rule title
Amended
PCAQCD .............
Reasonably Available Control Technology (RACT) Analysis, Negative Declaration and
Rules Adoption—Appendix B: Additional Negative Declarations.
Chapter 5, Article 13 Surface Coating Operations ...............................................................
5–13–100, ‘‘General’’.
5–13–200, ‘‘Definitions’’.
5–13–300, ‘‘Standards’’.
5–13–400, ‘‘Administrative Requirements’’.
5–13–500, ‘‘Monitoring and Records’’.
Chapter 5, Article 20 Storage and Loading of Gasoline at Gasoline Dispensing Facilities
5–20–100 ‘‘General’’.
5–20–200 ‘‘Definitions’’.
5–20–300 ‘‘Standards’’.
5–20–400 ‘‘Administrative Requirements’’.
5–20–500 ‘‘Monitoring and Records’’.
8/5/2020 .........
8/20/2020
8/5/2020 .........
8/20/2020
8/5/2020 .........
8/20/2020
PCAQCD .............
PCAQCD .............
We proposed to approve the negative
declarations and two rules because we
determined that they comply with the
relevant CAA requirements. Our
proposed action contains more
information on the negative declarations
and rules as well as on our evaluation.
jbell on DSKJLSW7X2PROD with RULES
Act (CAA or the Act). This approval
stops all sanction and federal
implementation plan clocks started by
our August 9, 2019 partial and limited
disapproval actions.1
DATES: This rule is effective September
22, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0134. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, 75
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving these negative declarations
and rules into the Arizona SIP.
1 84
2 86
FR 39196 (August 9, 2019).
FR 12889.
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16:11 Aug 20, 2021
3 84
4 84
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The August 5, 2020 versions of
Chapter 5, Article 13 and Chapter 5,
Article 20 will replace the previously
approved version of these rules in the
SIP. This approval stops all sanction
and federal implementation plan clocks
started by our August 9, 2019 partial
and limited disapproval actions on the
PCAQCD RACT SIP.4
FR 39196 (August 9, 2019).
FR 39196 (August 9, 2019).
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Submitted
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]]>Agencies
[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46984-46986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17712]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0378; FRL-8704-02-R7]
Air Plan Approval; Iowa; Infrastructure State Implementation Plan
Requirements for the 2015 Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve certain elements of a State Implementation Plan (SIP)
submission from the State of Iowa addressing the applicable
requirements of section 110 of the Clean Air Act (CAA) for the 2015
Ozone (O3) National Ambient Air Quality Standard (NAAQS).
Section 110 requires that each state adopt and submit a SIP revision to
support the implementation, maintenance, and enforcement of each new or
revised NAAQS promulgated by the EPA. These SIPs are commonly referred
to as ``infrastructure'' SIPs. The infrastructure requirements are
designed to ensure that the structural components of each state's air
quality management program are adequate to meet the state's
responsibilities under the CAA.
DATES: This final rule is effective on September 22, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0378. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7664; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA. A technical support document (TSD) is
included in the rulemaking docket.
Table of Contents
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a sip revision been met?
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. Background
On June 29, 2021, the EPA proposed to approve Iowa's infrastructure
SIP submission for the 2015 O3 NAAQS in the Federal Register
(86 FR 34175). The EPA solicited comments on the proposed approval of
the infrastructure SIP submission and received no comments.
II. What is being addressed in this document?
The EPA is approving the infrastructure SIP submission received
from the state on November 30, 2018 in accordance with section
110(a)(1) of the CAA. Specifically, the EPA is approving Iowa's SIP as
meeting the following infrastructure elements of section 110(a)(2) of
the CAA: (A) through (C), (D)(i)(II)--prevention of significant
deterioration of air quality (prong 3) and protection of visibility
(prong 4), (D)(ii), (E) through (H), and (J) through (M). Elements of
section 110(a)(2)(D)(i)(I)--significant contribution to nonattainment
(prong 1) and interfering with maintenance of the NAAQS (prong 2) will
be addressed in a separate action.
Section 110(a)(2)(I) was discussed in the submission; however, the
EPA does not expect infrastructure SIP submissions to address element
(I). Section 110(a)(2)(I) requires states to meet the applicable SIP
requirements of part D of the CAA relating to designated nonattainment
areas. The specific part D submissions for designated nonattainment
areas are subject to different submission schedules than those for
section 110 infrastructure elements. The EPA will act on part D
attainment plan SIP submissions through a separate rulemaking governed
by the requirements for nonattainment areas, as described in part D.
A Technical Support Document (TSD) in the docket provides
additional details of this action, including an analysis of how the SIP
meets the applicable CAA section 110 requirements for infrastructure
SIPs.
III. Have the requirements for approval of a SIP revision been met?
The State met the public notice requirements for SIP submissions in
accordance with 40 CFR 51.102. The EPA determined that the submission
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided a public comment period for this SIP revision from
September 18, 2018 to October 19, 2018 and received two comments
related to a request for more stringent ozone requirements and an
increase in ozone monitors. The state provided an adequate response to
these comments. In addition, as explained in more detail in the TSD
which is part of this docket, the infrastructure SIP submission meets
the substantive SIP requirements of the CAA, including section 110 and
implementing regulations. The public comment period on the EPA's
proposed rule opened June 29, 2021, the date of its publication in the
Federal Register and closed on July 29, 2021. During this period, the
EPA received no comments.
IV. What action is the EPA taking?
The EPA is approving elements of the November 30, 2018, submission
from the State of Iowa addressing the infrastructure elements for the
2015 O3 NAAQS. Specifically, the EPA is approving Iowa's SIP
as meeting the following infrastructure elements of section 110(a)(2):
(A) through (C), (D)(i)(II) prong 3 and prong 4, (D)(ii), (E) through
(H), (J) through (M). The EPA intends to act on the elements of section
110(a)(2)(D)(i)(I)--prong 1 and prong 2 in a subsequent rulemaking. The
EPA is not addressing Section 110(a)(2)(I) as it is the EPA's
interpretation of the CAA that these elements do not need to be
addressed in the context of an infrastructure SIP submission.
[[Page 46985]]
Based upon review of the State's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in those submissions or referenced in Iowa's SIP, the EPA finds that
Iowa's SIP meets all applicable required elements of sections 110(a)(1)
and (2) (except as otherwise noted) with respect to the 2015
O3 NAAQS.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 22, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Infrastructure, Intergovernmental relations, Ozone.
Dated: August 12, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In Sec. 52.820, the table in paragraph (e) is amended by adding the
entry ``(54)'' in numerical order to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic or submittal EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(54)Section 110(a)(2) Statewide............... 11/30/18 8/23/21, [Insert [EPA-R07-OAR-2021-
Infrastructure Requirements for Federal Register 0378; FRL-8704-02-
the 2015 O3 NAAQS. citation]. Region 7].
This action
addresses the
following CAA
elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II)--prong
s 3 and 4,
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
110(a)(2)(D)(i)(I
)--prongs 1 and 2
will be addressed
in a separate
action.
110(a)(2)(I) is
not applicable.
----------------------------------------------------------------------------------------------------------------
[[Page 46986]]
[FR Doc. 2021-17712 Filed 8-20-21; 8:45 am]
BILLING CODE 6560-50-P
