81 FR 7708 - Approval of Iowa's State Implementation Plan (SIP); Electronic Reporting Consistent With the Cross-Media Electronic Reporting Rule (CROMERR)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 30 (February 16, 2016)
Federal Register Volume 81, Issue 30 (February 16, 2016)
| Page Range | 7708-7710 | |
| FR Document | 2016-02957 |
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)] [Rules and Regulations] [Pages 7708-7710] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02957] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0840; FRL-9942-39-Region 7] Approval of Iowa's State Implementation Plan (SIP); Electronic Reporting Consistent With the Cross-Media Electronic Reporting Rule (CROMERR) AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a SIP revision submitted by the State of Iowa. The revision pertains to the approval of Iowa's CROMERR submission which was published in the Federal Register on December 9, 2015, and will revise the Iowa SIP to provide for electronic submittal of emission inventory data. DATES: This direct final rule will be effective April 18, 2016, without further notice, unless EPA receives adverse comment by March 17, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2015-0840, to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets. 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. I. Background On November 4, 2008, Iowa submitted several revisions to EPA for approval into the SIP. On December 30, 2009, EPA took direct final action to approve the revisions to the SIP. (74 FR 68692). However, EPA did not act on several state administrative regulations that provided for electronic submittal of emissions inventory information, construction permit applications, and Title V operating permit applications, as Iowa had not obtained approval of its electronic document receiving system as required by the Cross-Media Electronic Reporting Rule (CROMERR) found at 40 CFR part 3 (70 FR 59848). Therefore, EPA did not take action on the electronic emissions inventory submittal provisions of Iowa Administrative Code (IAC) 567- 21.1(3). On December 9, 2015, EPA approved Iowa's CROMERR application for electronic reporting of emissions information through its State and Local Emissions Inventory System (SLEIS). (80 FR 76474). Accordingly, EPA is approving IAC 567-21-1(3) in to the SIP to allow for electronic submittal of emissions inventory data. II. EPA's Evaluation Section 110(1) of the Federal Clean Air Act (CAA) states that each revision to an implementation plan submitted by a state under this chapter shall be adopted by such state after reasonable notice and public hearing. In the November 4, 2008, submittal for rule IAC 567- 21.1(3), Iowa provided [[Page 7709]] documentation that reasonable notice and a public hearing were provided. No comments were received. The EPA's regulations require states to revise the SIP to satisfy the requirements of 40 CFR part 3 (Cross-Media Electronic Reporting) in order to provide electronic documents to EPA in lieu of a paper document. Iowa submitted the CROMERR application to EPA on January 13, 2010, and amended the application on September 22, 2015. The application requests revisions to the state's EPA-authorized air program to allow electronic reporting of emissions inventories under 40 CFR part 52. EPA evaluated the application and determined that it meets the applicable requirements of the EPA air quality regulations because it is consistent with EPA's requirements for electronic reporting. The notice of EPA's decision to approve Iowa's application was published in the Federal Register on December 9, 2015, (80 FR 76474). This direct final action approves IAC 567-21.1(3) Emissions Inventory in to the Federally-approved SIP. III. Final Action EPA is approving a revision to the Iowa SIP by approving IAC 567- 21.1(3) that allows electronic reporting of emissions inventories. Iowa's CROMERR submission was approved by the EPA on December 9, 2015. We are publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the ``Proposed Rules'' section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to approve the SIP revision if relevant adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We will address all public comments in any subsequent final rule based on the proposed rule. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Iowa's Chapter 21 rule 567-21.1 ``Compliance Schedule'' described in the direct final amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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 April 18, 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).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 1, 2016. Mark Hague, Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below: [[Page 7710]] 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. Amend Sec. 52.820(c) by revising entry 567-21.1 to read as follows: Sec. 52.820 Identification of plan. * * * * * (c) * * * EPA-Approved Iowa Regulations ---------------------------------------------------------------------------------------------------------------- State Iowa citation Title effective date EPA Approval date Explanation ---------------------------------------------------------------------------------------------------------------- Iowa Department of Natural Resources Environmental Protection Commission [567] ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 21--Compliance ---------------------------------------------------------------------------------------------------------------- 567-21.1....................... Compliance Schedule.... 10/15/08 02/16/16 and ................... [Insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-02957 Filed 2-12-16; 8:45 am] BILLING CODE 6560-50-P
![7708 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations
Subpart G—Colorado § 52.1393 Interstate transport 2008 ozone NAAQS, which was
requirements. submitted to EPA on March 8, 2013.
■ 2. Section 52.352 is amended by * * * * *
adding paragraph (d) to read as follows: (c) EPA is approving both elements of Subpart QQ—South Dakota
§ 52.352 Interstate transport. CAA section 110(a)(2)(D)(i)(I) for the
2008 ozone NAAQS, which was ■ 5. Section 52.2170, paragraph (e), is
* * * * * amended by adding the entry ‘‘XIX.
(d) Addition to the Colorado State submitted to EPA on January 3, 2013.
Section 110(a)(2)(D)(i)(I) Infrastructure
Implementation Plan of the Colorado
Subpart JJ—North Dakota Requirements for the 2008 8-hour Ozone
Interstate Transport SIP regarding 2008
NAAQS’’ to read as follows:
Ozone Standards for both of the CAA
section 110(a)(2)(D)(i)(I) requirements ■ 4. Section 52.1833 is amended by
adding paragraph (e) to read as follows: § 52.2170 Identification of plan.
submitted to EPA on December 31,
* * * * *
2012. § 52.1833 Section 110(a)(2) infrastructure
requirements. (e) * * *
Subpart BB—Montana
* * * * *
■ 3. Section 52.1393 is amended by (e) EPA is approving both elements of
adding paragraph (c) to read as follows: CAA section 110(a)(2)(D)(i)(I) for the
State effective EPA Effective
Rule title Final rule citation, date Comments
date date
* * * * * * *
XIX. Section 110(a)(2)(D)(i)(I) Interstate Transport 5/21/13 3/2/15 80 FR 4799, 1/29/15
Requirements for the 2008 8-hour Ozone
NAAQS.
[FR Doc. 2016–02959 Filed 2–12–16; 8:45 am] ADDRESSES: Submit your comments, I. Background
BILLING CODE 6560–50–P identified by Docket ID No. EPA–R07– On November 4, 2008, Iowa submitted
OAR–2015–0840, to http:// several revisions to EPA for approval
www.regulations.gov. Follow the online into the SIP. On December 30, 2009,
ENVIRONMENTAL PROTECTION instructions for submitting comments. EPA took direct final action to approve
AGENCY Once submitted, comments cannot be the revisions to the SIP. (74 FR 68692).
edited or removed from Regulations.gov. However, EPA did not act on several
40 CFR Part 52 EPA may publish any comment received state administrative regulations that
to its public docket. Do not submit provided for electronic submittal of
[EPA–R07–OAR–2015–0840; FRL–9942–39– electronically any information you emissions inventory information,
Region 7] consider to be Confidential Business construction permit applications, and
Information (CBI) or other information Title V operating permit applications, as
Approval of Iowa’s State whose disclosure is restricted by statute. Iowa had not obtained approval of its
Implementation Plan (SIP); Electronic Multimedia submissions (audio, video, electronic document receiving system as
Reporting Consistent With the Cross- etc.) must be accompanied by a written required by the Cross-Media Electronic
Media Electronic Reporting Rule comment. The written comment is Reporting Rule (CROMERR) found at 40
(CROMERR) considered the official comment and CFR part 3 (70 FR 59848). Therefore,
should include discussion of all points EPA did not take action on the
AGENCY: Environmental Protection you wish to make. EPA will generally
Agency (EPA). electronic emissions inventory
not consider comments or comment submittal provisions of Iowa
ACTION: Direct final rule. contents located outside of the primary Administrative Code (IAC) 567–21.1(3).
submission (i.e. on the web, cloud, or On December 9, 2015, EPA approved
SUMMARY: The Environmental Protection other file sharing system). For Iowa’s CROMERR application for
Agency (EPA) is approving a SIP additional submission methods, the full electronic reporting of emissions
revision submitted by the State of Iowa. EPA public comment policy, information through its State and Local
The revision pertains to the approval of information about CBI or multimedia Emissions Inventory System (SLEIS).
Iowa’s CROMERR submission which submissions, and general guidance on (80 FR 76474). Accordingly, EPA is
was published in the Federal Register making effective comments, please visit approving IAC 567–21–1(3) in to the SIP
on December 9, 2015, and will revise http://www2.epa.gov/dockets/ to allow for electronic submittal of
the Iowa SIP to provide for electronic commenting-epa-dockets. emissions inventory data.
submittal of emission inventory data. FOR FURTHER INFORMATION CONTACT:
DATES: This direct final rule will be Heather Hamilton, Environmental II. EPA’s Evaluation
effective April 18, 2016, without further Protection Agency, Air Planning and Section 110(1) of the Federal Clean
mstockstill on DSK4VPTVN1PROD with RULES
notice, unless EPA receives adverse Development Branch, 11201 Renner Air Act (CAA) states that each revision
comment by March 17, 2016. If EPA Boulevard, Lenexa, Kansas 66219 at to an implementation plan submitted by
receives adverse comment, we will 913–551–7039, or by email at a state under this chapter shall be
publish a timely withdrawal of the Hamilton.heather@epa.gov. adopted by such state after reasonable
direct final rule in the Federal Register SUPPLEMENTARY INFORMATION: notice and public hearing. In the
informing the public that the rule will Throughout this document ‘‘we,’’ ‘‘us,’’ November 4, 2008, submittal for rule
not take effect. or ‘‘our’’ refer to EPA. IAC 567–21.1(3), Iowa provided
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![7710 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations
PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. § 52.820 Identification of plan.
PROMULGATION OF * * * * *
IMPLEMENTATION PLANS Subpart Q—Iowa
(c) * * *
■ 1. The authority citation for part 52 ■ 2. Amend § 52.820(c) by revising entry
continues to read as follows: 567–21.1 to read as follows:
EPA-APPROVED IOWA REGULATIONS
State effective
Iowa citation Title EPA Approval date Explanation
date
Iowa Department of Natural Resources Environmental Protection Commission [567]
* * * * * * *
Chapter 21—Compliance
567–21.1 ........................... Compliance Schedule ................................................. 10/15/08 02/16/16 and [Insert Fed-
eral Register citation].
* * * * * * *
* * * * * All documents in the docket are listed this proposed rule ended on December
[FR Doc. 2016–02957 Filed 2–12–16; 8:45 am] on the http://www.regulations.gov Web 16, 2015. The EPA received one
BILLING CODE 6560–50–P site. Although listed in the index, some comment in support of this action and
information may not be publicly no adverse comments.
available, i.e., Confidential Business II. Final Action
ENVIRONMENTAL PROTECTION Information or other information the
AGENCY disclosure of which is restricted by The EPA is approving the BART
statute. Certain other material, such as alternative measure for the BP Cherry
40 CFR Part 52 copyrighted material, is not placed on Point Refinery located near Ferndale,
[EPA–R10–OAR–2015–0398; FRL–9942–15– the Internet and is publicly available Washington by incorporating by
Region 10] only in hard copy form. Publicly reference the conditions of Revision 2
available docket materials are available identified below. The EPA is removing
Approval of Regional Haze BART at http://www.regulations.gov or at EPA the BP Cherry Point Refinery, BART
Alternative Measure: Washington Region 10, Office of Air, Waste and Compliance Order No. 7836 currently in
AGENCY: Environmental Protection Toxics, 1200 Sixth Avenue, Seattle, the Federally approved SIP at 40 CFR
Agency (EPA). Washington 98101. The EPA requests 52.2470(d) and replacing it with
that you contact the person listed in the provisions of the BP Cherry Point
ACTION: Final rule.
FOR FURTHER INFORMATION CONTACT Refinery, BART Compliance Order No.
SUMMARY: The Environmental Protection section to schedule your inspection. The 7836 Revision 2. The EPA is also
Agency (EPA) is taking final action to Regional Office’s official hours of approving new Condition 9 of the BART
approve the Best Available Retrofit business are Monday through Friday, Compliance Order 7836 Revision 2
Technology (BART) alternative measure 8:30 to 4:30, excluding Federal holidays. relating to decommissioned units. The
for the BP Cherry Point Refinery located conditions of the BP BART Compliance
FOR FURTHER INFORMATION CONTACT: For
near Ferndale, Washington. The BART Order Revision 2 that are proposed for
information please contact John Chi at
alternative measure increases the oxides incorporation by reference are:
(206) 553–1185, or chi.john@epa.gov. Condition 1: 1.1, 1.1.1, 1.2, 1.2.1,
of nitrogen (NOX) emission limit from
the R–1 HC Reactor Heater (R–1 Heater), SUPPLEMENTARY INFORMATION: 1.2.2;
a BART-eligible source currently subject Condition 2: 2.1, 2.1.1, 2.1.2, 2.1.3,
Table of Contents
to BART emission limits on NOX. To 2.1.4, 2.1.5, 2.2, 2.2.1, 2.2.2, 2.3, 2.3.1,
offset the increase in NOX emissions I. Background Information 2.3.2, 2.4, 2.4.1, 2.4.2, 2.4.2.1, 2.5, 2.5.1,
from this emission unit, the NOX II. Final Action 2.5.1.1, 2.5.1.2, 2.5.2, 2.5.3, 2.5.4, 2.6,
emission limits on the 1st Stage III. Incorporation by Reference 2.6.1, 2.6.2, 2.6.3, 2.7, 2.7.1, 2.7.2, 2.7.3,
Hydrocracker Fractionator Reboiler (R– IV. Statutory and Executive Orders Review 2.7.4, 2.8, 2.8.1, 2.8.2,2.8.3, 2.8.4, 2.8.5,
1 Reboiler), also a BART-eligible source 2.8.6;
subject to BART emission limits on I. Background Information Condition 3, 3.1, 3.1.1, 3.1.2, 3.2,
NOX, will be reduced. The net effect of On May 14, 2015, Washington 3.2.1, 3.2.2, 3.2.3, 3.2.4;
these changes is a decrease of 10.4 tons Condition 4, 4.1, 4.1.1, 4.1.1.1, 4.1.1.2,
submitted the BART alternative measure
per year (tpy) of allowable NOX 4.1.1.3, 4.1.1.4;
and the EPA proposed to approve it on Condition 5, 5.1, 5.2;
mstockstill on DSK4VPTVN1PROD with RULES
emissions from sources subject to BART November 16, 2015 (80 FR 70718). An
at the BP Cherry Point Refinery. Condition 6, 6.1, 6.2, 6.3;
explanation of the CAA requirements, a Condition 7; and
DATES: This final rule is effective March detailed analysis of the submittal, and Condition 9.
17, 2016. the EPA’s reasons for approval were
ADDRESSES: The EPA has established a provided in the notice of proposed III. Incorporation by Reference
docket for this action under Docket ID rulemaking, and will not be restated In accordance with requirements of 1
No. EPA–EPA–R10–OAR–2015–0398. here. The public comment period for CFR 51.5, the EPA is revising our
VerDate Sep<11>2014 17:32 Feb 12, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\16FER1.SGM 16FER1](https://thefederalregister.org/doc/81_FR_7738/page/3.svg)
Document Created: 2016-02-13 03:13:03
Document Modified: 2016-02-13 03:13:03
| 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 | Direct final rule. | |
| Dates | This direct final rule will be effective April 18, 2016, without further notice, unless EPA receives adverse comment by March 17, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| 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 Hamil[email protected] | |
| FR Citation | 81 FR 7708 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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