81 FR 54502 - Approval and Promulgation of Implementation Plans; State of Iowa; Infrastructure State Implementation Plan (SIP) Requirements for the 1997 and 2006 Fine Particulate Matter (PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 158 (August 16, 2016)
Federal Register Volume 81, Issue 158 (August 16, 2016)
| Page Range | 54502-54504 | |
| FR Document | 2016-19386 |
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)] [Rules and Regulations] [Pages 54502-54504] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19386] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2014-0213; FRL-9950-65-Region 7] Approval and Promulgation of Implementation Plans; State of Iowa; Infrastructure State Implementation Plan (SIP) Requirements for the 1997 and 2006 Fine Particulate Matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS), and the Adoption of the 1997 PM2.5 Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of two State Implementation Plan (SIP) submissions from the State of Iowa for the Infrastructure SIP Requirements for the 1997 and 2006 Fine Particulate Matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS). Infrastructure SIPs address the applicable requirements of Clean Air Act (CAA) section 110, which requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by the EPA. 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. This action also approves the adoption of the 1997 PM2.5 standard. On September 8, 2011, EPA issued a Finding of Failure to Submit a Complete State Implementation Plan for several states, including Iowa. With respect to Iowa, the Finding of Failure to Submit included the following 2006 PM2.5 NAAQS infrastructure requirements: 110(a)(2)(A)-(C), (D)(i)(II) (prong 3 only), (E)-(H) and (J)-(M). This approval of Iowa's infrastructure SIP for the 2006 PM2.5 NAAQS addresses the September 8, 2011 finding. DATES: This final rule is effective on September 15, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2014-0213. All documents in the docket are listed on the www.regulations.gov Web site. 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 electronically at www.regulations.gov and at EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. Please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' refer to EPA. This section provides additional information by addressing the following: I. What is being addressed in this document? II. EPA's Response to Comments III. Final Action IV. Statutory and Executive Order Reviews I. What is being addressed in this document? The EPA is approving two submissions from the State of Iowa: The infrastructure SIP submissions for the 1997 and 2006 PM2.5 NAAQS received on March 31, 2008 and July 29, 2013. The SIP submissions from Iowa addressed the requirements of CAA sections 110(a)(1) and (2) as applicable to the 1997 and 2006 PM2.5 NAAQS. The March 31, 2008 SIP submission also included the state adoption of the 1997 PM2.5 standard. The EPA is also approving the 1997 PM2.5 standard in today's action. For the 1997 PM2.5 NAAQS, the EPA took previous action to address section 110(a)(2)(D)(i)(I)--prongs 1 and 2 for Iowa. (72 FR 10380, March 8, 2007, as revised in 76 FR 48208, August 8, 2011). Therefore, in this final action, we are not acting on these portions since they have already been acted upon by the EPA. A Technical Support Document is included as part of the docket to discuss the details of this final action. II. EPA's Response to Comment The public comment period on EPA's proposed regulation opened June 23, 2016, the date of its publication in the Federal Register, and closed on July 25, 2016. 81 FR 40825. During this period, EPA received one comment that is addressed as follows: Comment: The commenter stated that EPA must disapprove the Prevention of Significant Deterioration (PSD) portions of the infrastructure SIP, 110(a)(2)(C), (D)(i)(II) (prong 3) and (J), because the local air agencies in Iowa with their [[Page 54503]] own PSD programs lack the PM2.5 increment or do not treat NOX as a precursor for ozone. Response to comment: Iowa has a delegated PSD program (see 72 FR 27056) that is not delegated to local air agencies. PSD permits are only issued by the Iowa Department of Natural Resources. 81 FR 44795, 44796. Therefore, no changes will be made in response to this comment. III. What action is EPA taking? The EPA is approving two submissions from the State of Iowa: The infrastructure SIP submissions for the 1997 and 2006 PM2.5 NAAQS received on March 31, 2008 and July 29, 2013. The SIP submissions from Iowa address the requirements of CAA sections 110(a)(1) and (2) as applicable to the 1997 and 2006 PM2.5 NAAQS. Today's action also approves the adoption of the 1997 PM2.5 standard. The EPA's analysis of these submissions is addressed in a TSD as part of the docket. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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). 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 17, 2016. 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).) Statutory Authority The statutory authority for this action is provided by section 110 of the CAA, as amended (42 U.S.C. 7410). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Prevention of significant deterioration, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: August 1, 2016. Mike Brincks, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA to 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. Section 52.820 is amended by adding (e)(45) and (46) to read as follows: Sec. 52.820 Identification of plan. * * * * * (e) * * * [[Page 54504]] EPA-Approved Iowa Nonregulatory SIP Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State EPA Approval date Explanation revision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (45) Sections 110(a)(1) and (2) Statewide........... 3/21/08 8/16/16 [Insert This action Infrastructure Requirements Federal Register addresses the 1997 PM2.5 NAAQS. citation]. following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II), prong 3, (E), (F), (G), (H), (J), (K), (L), and (M). 110(a)(2)(I) is not applicable. (46) Sections 110(a)(1) and (2) Statewide........... 7/23/13 8/16/16 [Insert This action Infrastructure Requirements Federal Register addresses the 2006 PM2.5 NAAQS. citation]. following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II), prong 3, (E), (F), (G), (H), (J), (K), (L), and (M). 110(a)(2)(I) is not applicable. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-19386 Filed 8-15-16; 8:45 am] BILLING CODE 6560-50-P
![54502 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
machines, or who voluntarily register ENVIRONMENTAL PROTECTION Publicly available docket materials are
with FDA to be covered, to declare AGENCY available electronically at
calories for those vending machine www.regulations.gov and at EPA Region
foods for which the Nutrition Facts label 40 CFR Part 52 7, 11201 Renner Boulevard, Lenexa,
cannot be examined before purchase or [EPA–R07–OAR–2014–0213; FRL–9950–65– Kansas 66219. Please schedule an
for which visible nutrition information Region 7] appointment during normal business
is not otherwise provided at the point of hours with the contact listed in the FOR
purchase. Covered vending machine Approval and Promulgation of FURTHER INFORMATION CONTACT section.
operators must comply with the rule by Implementation Plans; State of Iowa; FOR FURTHER INFORMATION CONTACT:
December 1, 2016. However, in the Infrastructure State Implementation Heather Hamilton, Environmental
Plan (SIP) Requirements for the 1997 Protection Agency, Air Planning and
Federal Register of August 1, 2016 (81
and 2006 Fine Particulate Matter Development Branch, 11201 Renner
FR 50303), we issued a final rule
(PM2.5) National Ambient Air Quality Boulevard, Lenexa, Kansas 66219 at
entitled ‘‘Food Labeling; Calorie Standards (NAAQS), and the Adoption
Labeling of Articles of Food in Vending (913) 551–7039, or by email at
of the 1997 PM2.5 Standard Hamilton.heather@epa.gov.
Machines; Extension of Compliance
Date.’’ This rule provides that the AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION:
compliance date for type size front-of- Agency (EPA). Throughout this document ‘‘we,’’ ‘‘us,’’
pack labeling requirements ACTION: Final rule. or ‘‘our’’ refer to EPA. This section
(§ 101.8(b)(2) (21 CFR 101.8(b)(2))) and provides additional information by
SUMMARY: The Environmental Protection addressing the following:
calorie disclosure requirements Agency (EPA) is approving elements of
(§ 101.8(c)(2)) for certain gums, mints, I. What is being addressed in this document?
two State Implementation Plan (SIP) II. EPA’s Response to Comments
and roll candy products in glass-front submissions from the State of Iowa for III. Final Action
machines in the final rule published the Infrastructure SIP Requirements for IV. Statutory and Executive Order Reviews
December 1, 2014 (79 FR 71259) is the 1997 and 2006 Fine Particulate
extended to July 26, 2018. The Matter (PM2.5) National Ambient Air I. What is being addressed in this
compliance date for all other Quality Standards (NAAQS). document?
requirements in the final rule (79 FR Infrastructure SIPs address the The EPA is approving two
71259) remains December 1, 2016. applicable requirements of Clean Air submissions from the State of Iowa: The
Act (CAA) section 110, which requires
II. Paperwork Reduction Act of 1995 infrastructure SIP submissions for the
that each state adopt and submit a SIP
1997 and 2006 PM2.5 NAAQS received
This draft guidance refers to for the implementation, maintenance,
on March 31, 2008 and July 29, 2013.
previously approved collections of and enforcement of each new or revised
The SIP submissions from Iowa
information found in FDA regulations. NAAQS promulgated by the EPA. The
addressed the requirements of CAA
infrastructure requirements are designed
These collections of information are sections 110(a)(1) and (2) as applicable
to ensure that the structural components
subject to review by the Office of to the 1997 and 2006 PM2.5 NAAQS.
of each state’s air quality management
Management and Budget (OMB) under The March 31, 2008 SIP submission also
program are adequate to meet the state’s
the Paperwork Reduction Act of 1995 included the state adoption of the 1997
responsibilities under the CAA. This
(44 U.S.C. 3501–3520). The collections PM2.5 standard. The EPA is also
action also approves the adoption of the
of information in 21 CFR 101.8 have approving the 1997 PM2.5 standard in
1997 PM2.5 standard.
been approved under OMB Control No. On September 8, 2011, EPA issued a today’s action.
0910–0782. For the 1997 PM2.5 NAAQS, the EPA
Finding of Failure to Submit a Complete
took previous action to address section
III. Electronic Access State Implementation Plan for several
110(a)(2)(D)(i)(I)—prongs 1 and 2 for
states, including Iowa. With respect to
Iowa. (72 FR 10380, March 8, 2007, as
Persons with access to the Internet Iowa, the Finding of Failure to Submit
revised in 76 FR 48208, August 8, 2011).
may obtain the draft guidance at either included the following 2006 PM2.5
Therefore, in this final action, we are
http://www.fda.gov/FoodGuidances or NAAQS infrastructure requirements:
not acting on these portions since they
http://www.regulations.gov. Use the 110(a)(2)(A)–(C), (D)(i)(II) (prong 3
have already been acted upon by the
FDA Web site listed in the previous only), (E)–(H) and (J)–(M). This approval
EPA.
sentence to find the most current of Iowa’s infrastructure SIP for the 2006 A Technical Support Document is
version of the guidance. PM2.5 NAAQS addresses the September included as part of the docket to discuss
8, 2011 finding. the details of this final action.
Dated: August 11, 2016. DATES: This final rule is effective on
Jeremy Sharp, September 15, 2016. II. EPA’s Response to Comment
Deputy Commissioner for Policy, Planning, ADDRESSES: EPA has established a The public comment period on EPA’s
Legislation, and Analysis. docket for this action under Docket ID proposed regulation opened June 23,
[FR Doc. 2016–19493 Filed 8–15–16; 8:45 am] No. EPA–R07–OAR–2014–0213. All 2016, the date of its publication in the
BILLING CODE 4164–01–P documents in the docket are listed on Federal Register, and closed on July 25,
the www.regulations.gov Web site. 2016. 81 FR 40825. During this period,
asabaliauskas on DSK3SPTVN1PROD with RULES
Although listed in the index, some EPA received one comment that is
information is not publicly available, addressed as follows:
i.e., CBI or other information whose Comment: The commenter stated that
disclosure is restricted by statute. EPA must disapprove the Prevention of
Certain other material, such as Significant Deterioration (PSD) portions
copyrighted material, is not placed on of the infrastructure SIP, 110(a)(2)(C),
the Internet and will be publicly (D)(i)(II) (prong 3) and (J), because the
available only in hard copy form. local air agencies in Iowa with their
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![54504 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
Applicable
Name of geographic or State submittal
non-regulatory EPA Approval date Explanation
nonattainment date
SIP revision area
* * * * * * *
(45) Sections Statewide ............................ 3/21/08 8/16/16 [Insert Federal This action addresses the following CAA
110(a)(1) and (2) Register citation]. elements: 110(a)(2)(A), (B), (C),
Infrastructure Re- (D)(i)(II), prong 3, (E), (F), (G), (H), (J),
quirements 1997 (K), (L), and (M). 110(a)(2)(I) is not ap-
PM2.5 NAAQS. plicable.
(46) Sections Statewide ............................ 7/23/13 8/16/16 [Insert Federal This action addresses the following CAA
110(a)(1) and (2) Register citation]. elements: 110(a)(2)(A), (B), (C),
Infrastructure Re- (D)(i)(II), prong 3, (E), (F), (G), (H), (J),
quirements 2006 (K), (L), and (M). 110(a)(2)(I) is not ap-
PM2.5 NAAQS. plicable.
[FR Doc. 2016–19386 Filed 8–15–16; 8:45 am] such comments, it will publish a timely submittal addresses the following
BILLING CODE 6560–50–P withdrawal of the direct final rule in the infrastructure elements for the
Federal Register and inform the public implementation of the 2012 annual
that the rule will not take effect. PM2.5 NAAQS: section 110(a)(2)(A), (B),
ENVIRONMENTAL PROTECTION ADDRESSES: Submit your comments, (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F),
AGENCY identified by Docket ID No. EPA–R03– (G), (H), (J), (K), (L), and (M) of the CAA.
OAR–2016–0350 at http:// The infrastructure SIP submittal does
40 CFR Part 52 www.regulations.gov, or via email to not address section 110(a)(2)(I) which
[EPA–R03–OAR–2016–0350; FRL–9950–73– Fernandez.cristina@epa.gov. For pertains to the nonattainment
Region 3] comments submitted at Regulations.gov, requirements of part D, title I of the
follow the online instructions for CAA, since this element is not required
Air Plan Approval; DC; Infrastructure submitting comments. Once submitted, to be submitted by the 3-year
Requirements for the 2012 PM2.5 comments cannot be edited or removed submission deadline of CAA section
NAAQS from Regulations.gov. For either manner 110(a)(1), and will be addressed in a
AGENCY: Environmental Protection of submission, the EPA may publish any separate process.
Agency (EPA). comment received to its public docket.
II. Summary of EPA’s Rationale for
ACTION: Direct final rule.
Do not submit electronically any
Proposing Approval
information you consider to be
SUMMARY: The Environmental Protection confidential business information (CBI) In accordance with 40 CFR part 51,
Agency (EPA) is taking direct final or other information whose disclosure is appendix V, EPA found that the
action to approve a revision to the restricted by statute. Multimedia District’s December 28, 2015
District of Columbia (the District) state submissions (audio, video, etc.) must be infrastructure SIP submittal is
implementation plan (SIP). Whenever accompanied by a written comment. technically incomplete for the portions
new or revised national ambient air The written comment is considered the addressing the infrastructure elements
quality standards (NAAQS) are official comment and should include in section 110(a)(2)(C), (D)(i)(II), (D)(ii),
promulgated, the Clean Air Act (CAA) discussion of all points you wish to and (J) relating to the permitting
requires states to submit a plan for the make. The EPA will generally not program for prevention of significant
implementation, maintenance, and consider comments or comment deterioration (PSD), because the District
enforcement of such NAAQS. The plan contents located outside of the primary has not adequately addressed the
is required to address basic program submission (i.e. on the web, cloud, or requirements of part C of title I of the
elements including, but not limited to, other file sharing system). For CAA for having a SIP approved PSD
regulatory structure, monitoring, additional submission methods, please permit program. EPA found the
modeling, legal authority, and adequate contact the person identified in the FOR remainder of the SIP submittal to be
resources necessary to assure attainment FURTHER INFORMATION CONTACT section. administratively and technically
and maintenance of the standards. For the full EPA public comment policy, complete. On May 11, 2016, EPA sent a
These elements are referred to as information about CBI or multimedia letter to the District Department of
infrastructure requirements. The District submissions, and general guidance on Environment and Energy (DDOEE)
has made a submittal addressing the making effective comments, please visit notifying the District of this
infrastructure requirements for the 2012 http://www2.epa.gov/dockets/ determination.
annual fine particulate matter (PM2.5) commenting-epa-dockets. As a result of this incompleteness
NAAQS. EPA is approving these FOR FURTHER INFORMATION CONTACT: finding, EPA is not taking rulemaking
asabaliauskas on DSK3SPTVN1PROD with RULES
revisions addressing the infrastructure Ruth Knapp, (215) 814–2191, or by action on the PSD related portions of
requirements for the 2012 PM2.5 NAAQS email at knapp.ruth@epa.gov. section 110(a)(2)(C), (D)(i)(II), (D)(ii),
in accordance with the requirements of SUPPLEMENTARY INFORMATION: and (J) for the 2012 annual PM2.5
the CAA. NAAQS, until the District through
DATES: This rule is effective on October I. Summary of SIP Revision DDOEE submits a SIP to address the
17, 2016 without further notice, unless On December 28, 2015, the District PSD permit program requirements of
EPA receives adverse written comment submitted a formal SIP revision to its part C of title I of the CAA. EPA
by September 15, 2016. If EPA receives SIP. The District’s SIP revision recognizes, however, that the District is
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Document Created: 2016-08-16 03:20:26
Document Modified: 2016-08-16 03:20:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on September 15, 2016. | |
| Contact | Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at [email protected] | |
| FR Citation | 81 FR 54502 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Prevention of Significant Deterioration; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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