Approval and Promulgation of Implementation Plans; Iowa: Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule Revision, 67067-67070 [2011-27991]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
Dated: October 25, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
[FR Doc. 2011–28057 Filed 10–28–11; 8:45 am]
BILLING CODE 3510–33–P
40 CFR Part 52
[EPA–R07–OAR–2011–0470, FRL–9484–5]
Approval and Promulgation of
Implementation Plans; Iowa:
Prevention of Significant Deterioration;
Greenhouse Gas Tailoring Rule
Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
mstockstill on DSK4VPTVN1PROD with RULES
VerDate Mar<15>2010
16:38 Oct 28, 2011
Jkt 226001
SUPPLEMENTARY INFORMATION:
Table of Contents
EPA is approving an Iowa
State Implementation Plan (SIP)
revision relating to regulation of
Greenhouse Gases (GHGs) under Iowa’s
Prevention of Significant Deterioration
(PSD) program. This revision was
submitted by the Iowa Department of
Natural Resources (IDNR) to EPA on
December 22, 2010. It is designed to
align Iowa’s regulations with the ‘‘PSD
and Title V Greenhouse Gas Tailoring
Final Rule’’ published June 3, 2010, in
the Federal Register. EPA is approving
the revision because the Agency has
determined that the SIP revision,
already adopted by Iowa as a final
effective rule, is in accordance with the
Clean Air Act (CAA) and EPA
regulations regarding PSD permitting for
GHGs.
DATES: Effective Date: This final rule
will be effective November 30, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R07–OAR–
2011–0470. All documents in the docket
are listed on the https://
www.regulations.gov index. 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 either
electronically in https://
www.regulations.gov or in hard copy at
the Air Planning and Development
Branch, Air and Waste Management
Division, U.S. Environmental Protection
Agency, Region 7, 901 North 5th Street,
Kansas City, Kansas 66101. EPA
SUMMARY:
For
information regarding the Iowa SIP,
contact Mr. Larry Gonzalez, Air
Planning and Development Branch, Air
and Waste Management Division, U.S.
Environmental Protection Agency,
Region 7, 901 North 5th Street, Kansas
City, Kansas 66101. Mr. Gonzalez’s
telephone number is (913) 551–7041,
and his email address is:
gonzalez.larry@epa.gov.
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
I. What final action is EPA taking in this final
rule?
II. What is the background for the PSD SIP
approval by EPA in this final rule?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What final action is EPA taking in
this final rule?
On December 22, 2010, IDNR
submitted a request to EPA to approve
revisions to the State’s SIP and Title V
program to incorporate recent rule
amendments adopted by the Iowa
Environmental Protection Commission.
These amendments establish thresholds
for GHG emissions in Iowa’s PSD and
Title V regulations at the same
emissions thresholds and in the same
time-frames as those specified by EPA
in the ‘‘PSD and Title V Greenhouse Gas
Tailoring Final Rule’’ (75 FR 31514),
hereafter referred to as the ‘‘Tailoring
Rule,’’ ensuring that smaller GHG
sources emitting less than these
thresholds will not be subject to
permitting requirements for GHGs that
they emit. The amendments to the SIP
clarify the applicable thresholds in the
Iowa SIP, address the flaw discussed in
the ‘‘Limitation of Approval of
Prevention of Significant Deterioration
Provisions Concerning Greenhouse Gas
Emitting-Sources in State
Implementation Plans Final Rule,’’ 75
FR 82536 (December 30, 2010) (the
‘‘PSD SIP Narrowing Rule’’), and
incorporate state rule changes adopted
at the state level into the Federallyapproved SIP.
On August 11, 2011, EPA published a
proposed rulemaking to approve Iowa’s
SIP revision. See 76 FR 49708. EPA did
not receive any public comments on this
proposal. In this final rule, pursuant to
section 110 of the CAA, EPA is
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
67067
approving these revisions into the Iowa
SIP.1
II. What is the background for the PSD
SIP approval by EPA in this final rule?
This section briefly summarizes EPA’s
recent GHG-related actions that provide
the background for this final action.
More detailed discussion of the
background is found in the preambles
for those actions. In particular, the
background is contained in what we call
the PSD SIP Narrowing Rule,2 and in the
preambles to the actions cited therein.
A. GHG-Related Actions
EPA has recently undertaken a series
of actions pertaining to the regulation of
GHGs that, although for the most part
distinct from one another, establish the
overall framework for this final action
on the Iowa SIP. Four of these actions
include, as they are commonly called,
the ‘‘Endangerment Finding’’ and
‘‘Cause or Contribute Finding,’’ which
EPA issued in a single final action,3 the
‘‘Johnson Memo Reconsideration,’’ 4 the
‘‘Light-Duty Vehicle Rule,’’ 5 and the
‘‘Tailoring Rule.’’ Taken together and in
conjunction with the CAA, these actions
established regulatory requirements for
GHGs emitted from new motor vehicles
and new motor vehicle engines;
determined that such regulations, when
they took effect on January 2, 2011,
subjected GHGs emitted from stationary
sources to PSD requirements; and
limited the applicability of PSD
requirements to GHG sources on a
phased-in basis. EPA took this last
action in the Tailoring Rule, which,
more specifically, established
appropriate GHG emission thresholds
for determining the applicability of PSD
requirements to GHG-emitting sources.
In many states, such as Iowa, PSD is
implemented through the SIP and so in
December 2010, EPA promulgated
several rules to implement the new GHG
PSD SIP program. Recognizing that
some states had approved SIP PSD
programs that did not apply PSD to
1 As stated in the proposal, EPA intends to
address Iowa’s December 22, 2010, request to
approve revisions to the Title V program relating to
greenhouse gases in a subsequent rulemaking.
2 ‘‘Limitation of Approval of Prevention of
Significant Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in State
Implementation Plans; Final Rule.’’ 75 FR 82536
(December 30, 2010).
3 ‘‘Endangerment and Cause or Contribute
Findings for Greenhouse Gases Under Section
202(a) of the Clean Air Act.’’ 74 FR 66496
(December 15, 2009).
4 ‘‘Interpretation of Regulations that Determine
Pollutants Covered by Clean Air Act Permitting
Programs.’’ 75 FR 17004 (April 2, 2010).
5 ‘‘Light-Duty Vehicle Greenhouse Gas Emission
Standards and Corporate Average Fuel Economy
Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010).
E:\FR\FM\31OCR1.SGM
31OCR1
67068
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
GHGs, EPA issued a SIP Call and, for
some of these states, a Federal
Implementation Plan (FIP).6
Recognizing that other states had
approved SIP PSD programs that do
apply PSD to GHGs, but that do so for
sources that emit as little as 100 or 250
tpy of GHG, and that do not limit PSD
applicability to GHGs to the higher
thresholds in the Tailoring Rule, EPA
issued the PSD SIP Narrowing Rule.
Under that rule, EPA withdrew its
approval of the affected SIPs to the
extent those SIPs covered GHG-emitting
sources below the Tailoring Rule
thresholds. EPA based its action
primarily on the ‘‘error correction’’
provisions of CAA section 110(k)(6).
mstockstill on DSK4VPTVN1PROD with RULES
B. Iowa’s Actions
On July 20, 2010, Iowa provided a
letter to EPA, in accordance with a
request to all states from EPA in the
Tailoring Rule, with confirmation that
the State of Iowa has the authority to
regulate GHGs in its PSD program. The
letter also confirmed Iowa’s intent to
amend its air quality rules for the PSD
program for GHGs to match the
thresholds set in the Tailoring Rule. See
the docket for this final rulemaking for
a copy of Iowa’s letter.
In the PSD SIP Narrowing Rule,
published on December 30, 2010, EPA
withdrew its approval of Iowa’s SIP
(among other SIPs) to the extent that the
SIP applies PSD permitting
requirements to GHG emissions from
sources emitting at levels below those
set in the Tailoring Rule.7 As a result,
Iowa’s current approved SIP provides
the State with authority to regulate
6 Specifically, by notice dated December 13, 2010,
EPA finalized a ‘‘SIP Call’’ that would require those
states with SIPs that have approved PSD programs
but do not authorize PSD permitting for GHGs to
submit a SIP revision providing such authority.
‘‘Action To Ensure Authority To Issue Permits
Under the Prevention of Significant Deterioration
Program to Sources of Greenhouse Gas Emissions:
Finding of Substantial Inadequacy and SIP Call,’’ 75
FR 77698 (December 13, 2010). EPA made findings
of failure to submit in some states which were
unable to submit the required SIP revision by their
deadlines, and finalized FIPs for such states. See,
e.g. ‘‘Action To Ensure Authority To Issue Permits
Under the Prevention of Significant Deterioration
Program to Sources of Greenhouse Gas Emissions:
Finding of Failure To Submit State Implementation
Plan Revisions Required for Greenhouse Gases,’’ 75
FR 81874 (December 29, 2010); ‘‘Action To Ensure
Authority To Issue Permits Under the Prevention of
Significant Deterioration Program to Sources of
Greenhouse Gas Emissions: Federal Implementation
Plan,’’ 75 FR 82246 (December 30, 2010). Because
Iowa’s SIP already authorizes Iowa to regulate
GHGs once GHGs became subject to PSD
requirements on January 2, 2011, Iowa is not subject
to the SIP Call or FIP.
7 ‘‘Limitation of Approval of Prevention of
Significant Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in State
Implementation Plans; Final Rule.’’ 75 FR 82536
(December 30, 2010).
VerDate Mar<15>2010
16:38 Oct 28, 2011
Jkt 226001
GHGs, but only at and above the
Tailoring Rule thresholds; and requires
new and modified sources to receive a
Federal PSD permit based on GHG
emissions only if they emit at or above
the Tailoring Rule thresholds.
The basis for this SIP revision is that
limiting PSD applicability to GHG
sources at the higher thresholds in the
Tailoring Rule is consistent with the SIP
provisions that require assurances of
adequate resources, and thereby
addresses the flaw in the SIP that led to
the PSD SIP Narrowing Rule.
Specifically, CAA section 110(a)(2)(E)
includes as a requirement for SIP
approval that states provide ‘‘necessary
assurances that the State * * * will
have adequate personnel [and] funding
* * * to carry out such [SIP].’’ In the
Tailoring Rule, EPA established higher
thresholds for PSD applicability to
GHG-emitting sources on grounds that
the states generally did not have
adequate resources to apply PSD to
GHG-emitting sources below the
Tailoring Rule thresholds,8 and no state,
including Iowa, asserted that it did have
adequate resources to do so.9 In the PSD
SIP Narrowing Rule, EPA found that the
affected states, including Iowa, had a
flaw in their SIP at the time they
submitted their PSD programs, which
was that the applicability of the PSD
programs was potentially broader than
the resources available to them under
their SIP.10 Accordingly, for each
affected state, including Iowa, EPA
concluded that EPA’s action in
approving the SIP was in error, under
CAA section 110(k)(6), and EPA
rescinded its approval to the extent the
PSD program applies to GHG-emitting
sources below the Tailoring Rule
thresholds.11 EPA recommended that
states adopt a SIP revision to
incorporate the Tailoring Rule
thresholds, thereby (i) assuring that
under state law, only sources at or above
the Tailoring Rule thresholds would be
subject to PSD; and (ii) avoiding
confusion under the Federally approved
SIP by clarifying that the SIP applies to
only sources at or above the Tailoring
Rule thresholds.12
IDNR’s December 22, 2010, SIP
submission establishes thresholds for
determining which stationary sources
and modification projects become
subject to permitting requirements for
GHG emissions under Iowa’s PSD
program. Specifically, the SIP revision
includes changes—which are already
8 Tailoring
Rule, 75 FR at 31517.
SIP Narrowing Rule, 75 FR at 82540.
10 Id. at 82542.
11 Id. at 82544.
12 Id. at 82540.
9 PSD
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
effective—to Iowa’s Administrative
Code, revising the subrule 33.3(1)
definition of ‘‘regulated New Source
Review (NSR) pollutant’’ to specifically
define the term ‘‘subject to regulation’’
for the PSD program, and to define
‘‘greenhouse gases (GHGs)’’ and ‘‘tpy
CO2 equivalent emissions (CO2e).’’
Additionally, the amendments to
subrule 33.3(1) specify the methodology
for calculating an emissions increase for
GHGs, the applicable thresholds for
GHG emissions subject to PSD, and the
schedule for when the applicability
thresholds take effect.
Iowa is currently a SIP-approved State
for the PSD program, and has previously
incorporated EPA’s 2002 NSR reform
revisions for PSD into its SIP. See 72 FR
27056 (May 14, 2007).13 The changes to
Iowa’s PSD program regulations are
substantively the same as the Federal
provisions amended in EPA’s Tailoring
Rule.
As part of its review of Iowa’s
submittal, EPA performed a line-by-line
review of Iowa’s proposed revision and
has determined that it is consistent with
the Tailoring Rule.
III. Final Action
Pursuant to section 110 of the CAA,
EPA is approving Iowa’s December 22,
2010 revisions to the Iowa SIP, relating
to PSD requirements for GHG-emitting
sources. EPA has made the
determination that this SIP revision is
approvable because it is in accordance
with the CAA and EPA regulations
regarding PSD permitting for GHGs. The
detailed rationale for this action is set
forth in the proposed rulemaking
referenced above, and in this final rule.
Since EPA is finalizing its approval of
Iowa’s changes to its air quality
regulations to incorporate appropriate
thresholds for GHG permitting
applicability into Iowa’s SIP, then
section 52.822(b) of 40 CFR part 52,
added in EPA’s PSD SIP Narrowing Rule
to codify the limitation of its approval
of Iowa’s PSD SIP to exclude the
applicability of PSD to GHG-emitting
sources below the Tailoring Rule
thresholds, is no longer necessary. In
this action, EPA is also amending
section 52.822(b) of 40 CFR part 52 to
remove this unnecessary regulatory
language.
13 This rulemaking does not act on any other
revisions to the Iowa PSD rules occurring after the
PSD rules approved by EPA in 2007. Therefore this
rulemaking only addresses the 2010 revisions
discussed herein, relating to the State’s adoption of
the Tailoring Rule provisions.
E:\FR\FM\31OCR1.SGM
31OCR1
67069
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
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 the State’s law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by the State’s
law. For that reason, this action:
• Is not a ‘‘significant regulatory
action’’ under the terms of Executive
Order 12866 (58 FR 51735, October 4,
1993);
• 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).
In addition, this final rule does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP
program is not approved to apply in
Indian country located in the State, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended 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 December 30, 2011. 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
Air pollution control, Environmental
protection, Greenhouse gases,
Incorporation by reference,
Intergovernmental relations, and
Reporting and recordkeeping
requirements.
Dated: October 20, 2011.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. Section 52.820(c) is amended by
revising the entry for ‘‘567–33.3’’ under
Chapter 33 to read as follows:
■
§ 52.820
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State effective
date
Title
EPA approval date
Explanation
*
*
*
*
*
*
*
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration
(PSD) of Air Quality.
*
567–33.3 ...........
mstockstill on DSK4VPTVN1PROD with RULES
*
VerDate Mar<15>2010
*
*
*
Special construction permit requirement for major
stationary sources in areas designated attainment
or unclassified (PSD).
*
16:38 Oct 28, 2011
*
Jkt 226001
PO 00000
12/22/2010
*
Frm 00033
Fmt 4700
*
*
10/31/2011 [Insert citation of publication].
*
Sfmt 4700
E:\FR\FM\31OCR1.SGM
*
31OCR1
*
*
67070
*
Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Rules and Regulations
*
§ 52.822
*
*
*
[Amended]
3. Section 52.822 is amended by
removing and reserving paragraph (b).
■
[FR Doc. 2011–27991 Filed 10–28–11; 8:45 am]
BILLING CODE 6560–50–P
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 25 and 27
[FR Doc. 2011–27454 Filed 10–28–11; 8:45 am]
[WT Docket No. 07–293; IB Docket No. 95–
91; GEN Docket No. 90–357; RM–8610; FCC
10–82]
Operation of Wireless
Communications Services in the 2.3
GHz Band; Establishment of Rules and
Policies for the Digital Audio Radio
Satellite Service in the 2310–2360 MHz
Frequency Band
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
mstockstill on DSK4VPTVN1PROD with RULES
16:38 Oct 28, 2011
Jkt 226001
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 10–51; FCC 11–155]
Structure and Practices of the Video
Relay Service Program
Federal Communications
Commission.
ACTION: Final rule; clarification.
AGENCY:
In this document, the
Commission announces that certain
rules adopted in the Operation of
Wireless Communications Services in
the 2.3 GHz Band, WT Docket No. 07–
293; Establishment of Rules and Policies
for the Digital Audio Radio Satellite
Service in the 2310–2360 MHz
Frequency Band (WCS and SDARS)
proceeding, to the extent it contained
information collection requirements that
required approval by the Office of
Management and Budget (OMB) was
approved, September 26, 2011.
DATES: Sections 27.14(p)(7), 27.72(b),
27.72(c), 27.73(a), and 27.73(b) of the
Commission’s rules published at 75 FR
45058, August 2, 2010, are effective
October 31, 2011.
Sections 25.202(h)(3), 25.214(d)(2),
and 27.53(a)(10) will be enforced
beginning October 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Linda Chang, Federal Communications
Commission, Wireless
Telecommunications Bureau, 445 12th
St. SW., Washington, DC 20554 at (202)
418–1339.
SUPPLEMENTARY INFORMATION:
1. On May 20, 2010, the Commission
published in the Federal Register, the
summary of a Report and Order and
Second Report and Order, which stated
that upon OMB approval, it would
publish in the Federal Register a
document announcing the effective
date. On September 26, 2011 the OMB
approved, for a period of three years, the
information collection requirements
SUMMARY:
VerDate Mar<15>2010
contained in sections 25.202(h)(3),
25.214(d)(2), 27.14(p)(7), 27.53(a)(10),
27.72(b), 27.72(c), 27.73(a), and 27.73(b)
of the Commission’s rules.1
2. On September 26, 2011, OMB
approved the public information
collection associated with these rule
changes under OMB Control No. 3060–
1159.
In this document, the
Commission addresses three petitions
for clarification or reconsideration of a
previous order, and amends and
clarifies the Commission’s rules
regarding Internet-based
Telecommunications Relay Services
(iTRS) applicants for certification.
DATES: Effective October 31, 2011,
except for 47 CFR 64.606(a)(2)(ii)(A)(4)
through (8) and (a)(2)(ii)(E) contains
new or modified information collection
requirements that require approval by
the Office of Management and Budget
(OMB). The Federal Communications
Commission will publish a document in
the Federal Register announcing the
effective date.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Gregory Hlibok, Consumer and
Governmental Affairs Bureau, Disability
Rights Office at (202) 559–5158 (VP) or
email at Gregory.Hlibok@fcc.gov. For
additional information concerning the
information collection requirements
contained in this document, contact
Cathy Williams at (202) 418–2918.
SUMMARY:
1 The summary of the Report and Order and
Second Report and Order, published August 2,
2010, did not list 47 CFR 25.202(h)(3), 47 CFR
25.214(d)(2), and 47 CFR 27.53(a)(10) among the
rules requiring OMB approval. However, because 47
CFR 25.202(h)(3), 25.214(d)(2), and 27.53(a)(10)
contain information collection requirements that
can not be enforced without OMB approval, the
Commission sought OMB clearance for these rules.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
This is a
summary of the Commission’s Structure
and Practices of the Video Relay Service
Program, Memorandum and Opinion
and Order (MO&O) and Order (Order),
document FCC 11–155, adopted October
17, 2011, and released October 17, 2011
in CG Docket number 10–51.
The full text of document FCC 11–155
and copies of any subsequently filed
documents in this matter will be
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
Document FCC 11–155 and copies of
subsequently filed documents in this
matter may also be purchased from the
Commission’s duplicating contractor,
BCPI, Inc., Portals II, 445 12th Street
SW., Room CY–B402, Washington, DC
20554. Customers may contact BCPI,
Inc. via its Web site https://
www.bcpiweb.com or by calling (202)
488–5300. To request materials in
accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
e-mail to fcc504@fcc.gov or call the
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice) or
(202) 418–0432 (TTY). Document FCC
11–155 can also be downloaded in
Word or Portable Document Format
(PDF) at: https://www.fcc.gov/cgb/dro/
trs.html#orders.
SUPPLEMENTARY INFORMATION:
Synopsis
In the MO&O in document FCC 11–
155, the Commission addresses three
petitions:
A. Sprint Nextel Corporation, Expedited
Petition for Clarification, CG Docket No.
10–51 (Filed September 6, 2011) (Sprint
Petition)
1. Definition of Employees
Sprint requests that the Commission
clarify that communications assistants
(CAs) who are trained by the provider,
who are stationed at the facilities of the
provider and who are directly under the
provider’s supervision should be
deemed to be employees of the provider,
in satisfaction of the requirement that
video relay service (VRS) providers
employ their own CAs, regardless of
whether or not they are hired directly by
the provider. The Commission denies
Sprint’s requested clarification. The
Commission has consistently
distinguished ‘‘employees’’ from
‘‘subcontractors’’ and ‘‘contractors’’ in
adopting rules and requirements
governing the provision of VRS, and the
Commission finds that Sprint’s
proposed clarification would render
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Rules and Regulations]
[Pages 67067-67070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27991]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2011-0470, FRL-9484-5]
Approval and Promulgation of Implementation Plans; Iowa:
Prevention of Significant Deterioration; Greenhouse Gas Tailoring Rule
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving an Iowa State Implementation Plan (SIP)
revision relating to regulation of Greenhouse Gases (GHGs) under Iowa's
Prevention of Significant Deterioration (PSD) program. This revision
was submitted by the Iowa Department of Natural Resources (IDNR) to EPA
on December 22, 2010. It is designed to align Iowa's regulations with
the ``PSD and Title V Greenhouse Gas Tailoring Final Rule'' published
June 3, 2010, in the Federal Register. EPA is approving the revision
because the Agency has determined that the SIP revision, already
adopted by Iowa as a final effective rule, is in accordance with the
Clean Air Act (CAA) and EPA regulations regarding PSD permitting for
GHGs.
DATES: Effective Date: This final rule will be effective November 30,
2011.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R07-OAR-2011-0470. All documents in the docket
are listed on the https://www.regulations.gov index. 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 either electronically
in https://www.regulations.gov or in hard copy at the Air Planning and
Development Branch, Air and Waste Management Division, U.S.
Environmental Protection Agency, Region 7, 901 North 5th Street, Kansas
City, Kansas 66101. EPA requests that if at all possible, you contact
the person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the Iowa
SIP, contact Mr. Larry Gonzalez, Air Planning and Development Branch,
Air and Waste Management Division, U.S. Environmental Protection
Agency, Region 7, 901 North 5th Street, Kansas City, Kansas 66101. Mr.
Gonzalez's telephone number is (913) 551-7041, and his email address
is: gonzalez.larry@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What final action is EPA taking in this final rule?
II. What is the background for the PSD SIP approval by EPA in this
final rule?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What final action is EPA taking in this final rule?
On December 22, 2010, IDNR submitted a request to EPA to approve
revisions to the State's SIP and Title V program to incorporate recent
rule amendments adopted by the Iowa Environmental Protection
Commission. These amendments establish thresholds for GHG emissions in
Iowa's PSD and Title V regulations at the same emissions thresholds and
in the same time-frames as those specified by EPA in the ``PSD and
Title V Greenhouse Gas Tailoring Final Rule'' (75 FR 31514), hereafter
referred to as the ``Tailoring Rule,'' ensuring that smaller GHG
sources emitting less than these thresholds will not be subject to
permitting requirements for GHGs that they emit. The amendments to the
SIP clarify the applicable thresholds in the Iowa SIP, address the flaw
discussed in the ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in
State Implementation Plans Final Rule,'' 75 FR 82536 (December 30,
2010) (the ``PSD SIP Narrowing Rule''), and incorporate state rule
changes adopted at the state level into the Federally-approved SIP.
On August 11, 2011, EPA published a proposed rulemaking to approve
Iowa's SIP revision. See 76 FR 49708. EPA did not receive any public
comments on this proposal. In this final rule, pursuant to section 110
of the CAA, EPA is approving these revisions into the Iowa SIP.\1\
---------------------------------------------------------------------------
\1\ As stated in the proposal, EPA intends to address Iowa's
December 22, 2010, request to approve revisions to the Title V
program relating to greenhouse gases in a subsequent rulemaking.
---------------------------------------------------------------------------
II. What is the background for the PSD SIP approval by EPA in this
final rule?
This section briefly summarizes EPA's recent GHG-related actions
that provide the background for this final action. More detailed
discussion of the background is found in the preambles for those
actions. In particular, the background is contained in what we call the
PSD SIP Narrowing Rule,\2\ and in the preambles to the actions cited
therein.
---------------------------------------------------------------------------
\2\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans; Final Rule.'' 75 FR 82536 (December
30, 2010).
---------------------------------------------------------------------------
A. GHG-Related Actions
EPA has recently undertaken a series of actions pertaining to the
regulation of GHGs that, although for the most part distinct from one
another, establish the overall framework for this final action on the
Iowa SIP. Four of these actions include, as they are commonly called,
the ``Endangerment Finding'' and ``Cause or Contribute Finding,'' which
EPA issued in a single final action,\3\ the ``Johnson Memo
Reconsideration,'' \4\ the ``Light-Duty Vehicle Rule,'' \5\ and the
``Tailoring Rule.'' Taken together and in conjunction with the CAA,
these actions established regulatory requirements for GHGs emitted from
new motor vehicles and new motor vehicle engines; determined that such
regulations, when they took effect on January 2, 2011, subjected GHGs
emitted from stationary sources to PSD requirements; and limited the
applicability of PSD requirements to GHG sources on a phased-in basis.
EPA took this last action in the Tailoring Rule, which, more
specifically, established appropriate GHG emission thresholds for
determining the applicability of PSD requirements to GHG-emitting
sources.
---------------------------------------------------------------------------
\3\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
\4\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010).
\5\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
---------------------------------------------------------------------------
In many states, such as Iowa, PSD is implemented through the SIP
and so in December 2010, EPA promulgated several rules to implement the
new GHG PSD SIP program. Recognizing that some states had approved SIP
PSD programs that did not apply PSD to
[[Page 67068]]
GHGs, EPA issued a SIP Call and, for some of these states, a Federal
Implementation Plan (FIP).\6\ Recognizing that other states had
approved SIP PSD programs that do apply PSD to GHGs, but that do so for
sources that emit as little as 100 or 250 tpy of GHG, and that do not
limit PSD applicability to GHGs to the higher thresholds in the
Tailoring Rule, EPA issued the PSD SIP Narrowing Rule. Under that rule,
EPA withdrew its approval of the affected SIPs to the extent those SIPs
covered GHG-emitting sources below the Tailoring Rule thresholds. EPA
based its action primarily on the ``error correction'' provisions of
CAA section 110(k)(6).
---------------------------------------------------------------------------
\6\ Specifically, by notice dated December 13, 2010, EPA
finalized a ``SIP Call'' that would require those states with SIPs
that have approved PSD programs but do not authorize PSD permitting
for GHGs to submit a SIP revision providing such authority. ``Action
To Ensure Authority To Issue Permits Under the Prevention of
Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Finding of Substantial Inadequacy and SIP Call,'' 75 FR
77698 (December 13, 2010). EPA made findings of failure to submit in
some states which were unable to submit the required SIP revision by
their deadlines, and finalized FIPs for such states. See, e.g.
``Action To Ensure Authority To Issue Permits Under the Prevention
of Significant Deterioration Program to Sources of Greenhouse Gas
Emissions: Finding of Failure To Submit State Implementation Plan
Revisions Required for Greenhouse Gases,'' 75 FR 81874 (December 29,
2010); ``Action To Ensure Authority To Issue Permits Under the
Prevention of Significant Deterioration Program to Sources of
Greenhouse Gas Emissions: Federal Implementation Plan,'' 75 FR 82246
(December 30, 2010). Because Iowa's SIP already authorizes Iowa to
regulate GHGs once GHGs became subject to PSD requirements on
January 2, 2011, Iowa is not subject to the SIP Call or FIP.
---------------------------------------------------------------------------
B. Iowa's Actions
On July 20, 2010, Iowa provided a letter to EPA, in accordance with
a request to all states from EPA in the Tailoring Rule, with
confirmation that the State of Iowa has the authority to regulate GHGs
in its PSD program. The letter also confirmed Iowa's intent to amend
its air quality rules for the PSD program for GHGs to match the
thresholds set in the Tailoring Rule. See the docket for this final
rulemaking for a copy of Iowa's letter.
In the PSD SIP Narrowing Rule, published on December 30, 2010, EPA
withdrew its approval of Iowa's SIP (among other SIPs) to the extent
that the SIP applies PSD permitting requirements to GHG emissions from
sources emitting at levels below those set in the Tailoring Rule.\7\ As
a result, Iowa's current approved SIP provides the State with authority
to regulate GHGs, but only at and above the Tailoring Rule thresholds;
and requires new and modified sources to receive a Federal PSD permit
based on GHG emissions only if they emit at or above the Tailoring Rule
thresholds.
---------------------------------------------------------------------------
\7\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans; Final Rule.'' 75 FR 82536 (December
30, 2010).
---------------------------------------------------------------------------
The basis for this SIP revision is that limiting PSD applicability
to GHG sources at the higher thresholds in the Tailoring Rule is
consistent with the SIP provisions that require assurances of adequate
resources, and thereby addresses the flaw in the SIP that led to the
PSD SIP Narrowing Rule. Specifically, CAA section 110(a)(2)(E) includes
as a requirement for SIP approval that states provide ``necessary
assurances that the State * * * will have adequate personnel [and]
funding * * * to carry out such [SIP].'' In the Tailoring Rule, EPA
established higher thresholds for PSD applicability to GHG-emitting
sources on grounds that the states generally did not have adequate
resources to apply PSD to GHG-emitting sources below the Tailoring Rule
thresholds,\8\ and no state, including Iowa, asserted that it did have
adequate resources to do so.\9\ In the PSD SIP Narrowing Rule, EPA
found that the affected states, including Iowa, had a flaw in their SIP
at the time they submitted their PSD programs, which was that the
applicability of the PSD programs was potentially broader than the
resources available to them under their SIP.\10\ Accordingly, for each
affected state, including Iowa, EPA concluded that EPA's action in
approving the SIP was in error, under CAA section 110(k)(6), and EPA
rescinded its approval to the extent the PSD program applies to GHG-
emitting sources below the Tailoring Rule thresholds.\11\ EPA
recommended that states adopt a SIP revision to incorporate the
Tailoring Rule thresholds, thereby (i) assuring that under state law,
only sources at or above the Tailoring Rule thresholds would be subject
to PSD; and (ii) avoiding confusion under the Federally approved SIP by
clarifying that the SIP applies to only sources at or above the
Tailoring Rule thresholds.\12\
---------------------------------------------------------------------------
\8\ Tailoring Rule, 75 FR at 31517.
\9\ PSD SIP Narrowing Rule, 75 FR at 82540.
\10\ Id. at 82542.
\11\ Id. at 82544.
\12\ Id. at 82540.
---------------------------------------------------------------------------
IDNR's December 22, 2010, SIP submission establishes thresholds for
determining which stationary sources and modification projects become
subject to permitting requirements for GHG emissions under Iowa's PSD
program. Specifically, the SIP revision includes changes--which are
already effective--to Iowa's Administrative Code, revising the subrule
33.3(1) definition of ``regulated New Source Review (NSR) pollutant''
to specifically define the term ``subject to regulation'' for the PSD
program, and to define ``greenhouse gases (GHGs)'' and ``tpy
CO2 equivalent emissions (CO2e).'' Additionally,
the amendments to subrule 33.3(1) specify the methodology for
calculating an emissions increase for GHGs, the applicable thresholds
for GHG emissions subject to PSD, and the schedule for when the
applicability thresholds take effect.
Iowa is currently a SIP-approved State for the PSD program, and has
previously incorporated EPA's 2002 NSR reform revisions for PSD into
its SIP. See 72 FR 27056 (May 14, 2007).\13\ The changes to Iowa's PSD
program regulations are substantively the same as the Federal
provisions amended in EPA's Tailoring Rule.
---------------------------------------------------------------------------
\13\ This rulemaking does not act on any other revisions to the
Iowa PSD rules occurring after the PSD rules approved by EPA in
2007. Therefore this rulemaking only addresses the 2010 revisions
discussed herein, relating to the State's adoption of the Tailoring
Rule provisions.
---------------------------------------------------------------------------
As part of its review of Iowa's submittal, EPA performed a line-by-
line review of Iowa's proposed revision and has determined that it is
consistent with the Tailoring Rule.
III. Final Action
Pursuant to section 110 of the CAA, EPA is approving Iowa's
December 22, 2010 revisions to the Iowa SIP, relating to PSD
requirements for GHG-emitting sources. EPA has made the determination
that this SIP revision is approvable because it is in accordance with
the CAA and EPA regulations regarding PSD permitting for GHGs. The
detailed rationale for this action is set forth in the proposed
rulemaking referenced above, and in this final rule.
Since EPA is finalizing its approval of Iowa's changes to its air
quality regulations to incorporate appropriate thresholds for GHG
permitting applicability into Iowa's SIP, then section 52.822(b) of 40
CFR part 52, added in EPA's PSD SIP Narrowing Rule to codify the
limitation of its approval of Iowa's PSD SIP to exclude the
applicability of PSD to GHG-emitting sources below the Tailoring Rule
thresholds, is no longer necessary. In this action, EPA is also
amending section 52.822(b) of 40 CFR part 52 to remove this unnecessary
regulatory language.
[[Page 67069]]
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 the State's law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by the
State's law. For that reason, this action:
Is not a ``significant regulatory action'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993);
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).
In addition, this final rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP program is not approved to apply in Indian country
located in the State, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended 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 December 30, 2011. 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
Air pollution control, Environmental protection, Greenhouse gases,
Incorporation by reference, Intergovernmental relations, and Reporting
and recordkeeping requirements.
Dated: October 20, 2011.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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(c) is amended by revising the entry for ``567-33.3''
under Chapter 33 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality.
* * * * * * *
567-33.3................. Special construction 12/22/2010 10/31/2011 [Insert .........................
permit requirement citation of
for major publication].
stationary sources
in areas designated
attainment or
unclassified (PSD).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 67070]]
* * * * *
Sec. 52.822 [Amended]
0
3. Section 52.822 is amended by removing and reserving paragraph (b).
[FR Doc. 2011-27991 Filed 10-28-11; 8:45 am]
BILLING CODE 6560-50-P
