Approval of Iowa's Air Quality Implementation Plans; Regional Haze State Implementation Plan Revision and 2013 Five-Year Progress Report, 53924-53926 [2016-19041]
Download as PDF
<![CDATA[
53924
Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations
actual notice from August 15, 2016
through 7 p.m. August 31, 2016. For the
purposes of enforcement, actual notice
will be used from 7 a.m. July 31, 2016
through August 15, 2016 and this rule
is enforced from the time vessel
operations begin until they are
completed.
(c) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.23 apply. No
vessels may enter or transit safety zone
unless authorized by the COTP or a
designated representative thereof.
(d) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other COTP representative
permitted by law, may enforce this
temporary safety zone.
(e) Waiver. The COTP may waive any
of the requirements of this rule for any
person, vessel or class of vessel upon
finding that application of the safety
zone is unnecessary or impractical for
the purpose of maritime security.
(f) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
40 CFR Part 52
[EPA–R07–OAR–2014–0365; FRL–9949–82–
Region 7]
may be affected by emissions from
sources in Iowa. EPA is taking final
action to approve Iowa’s determination
that the existing Regional Haze (RH) SIP
is adequate to meet the visibility goals
and requires no substantive revision at
this time.
DATES: This final rule is effective
September 14, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2014–0365. 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 either electronically through
www.regulations.gov or at the
Environmental Protection Agency, Air
Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m. to 4:30 p.m.,
excluding Federal holidays. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT:
Stephen Krabbe, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7991, or by email at
krabbe.stephen@epa.gov.
2. Add § 165.T14–0644 to read as
follows:
Approval of Iowa’s Air Quality
Implementation Plans; Regional Haze
State Implementation Plan Revision
and 2013 Five-Year Progress Report
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
Restricted area and along the shore line
back to San Luis Beach and restricting
access to Sumay Cove to Navy and Coast
Guard operational responses. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record-keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: July 14, 2016.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2016–19372 Filed 8–12–16; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
■
■
sradovich on DSK3GMQ082PROD with RULES
§ 165. T14–0644 Safety Zone; Apra Outer
Harbor, Naval Base Guam.
(a) Location. The following areas
comprise a safety zone within the Guam
Captain of the Port (COTP) Zone (See 33
CFR 3.70–15): All navigable waters
bounded by an imaginary line starting at
13°26′34″ N., 144°38′44″ E. at San Luis
Beach; thence 900 yards to 13°26′57″ N.,
144°38′44″ E.; thence to 13°26′57″ N.,
144°39′31″ E. across Commadores Cut;
thence to 13°26′42″ N., 144°39′45″ E. at
the Navy Restricted area; thence to
13°26′36″ N., 144°39′45″ E. at Guam
Shipyard; and then along the shore line
back to San Luis Beach, restricting
access to Sumay Cove to Navy and Coast
Guard operational responses. All
coordinates are NAD 83.
(b) Effective dates and enforcement
period. This rule is effective without
VerDate Sep<11>2014
17:35 Aug 12, 2016
Jkt 238001
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the Iowa State Implementation
Plan (SIP) revision submitted to EPA by
the State of Iowa on July 19, 2013,
documenting that the State’s existing
plan is making adequate progress to
achieve visibility goals by 2018. The
Iowa SIP revision addressed the
Regional Haze Rule (RHR) requirements
under the Clean Air Act (CAA or Act)
to submit a report describing progress in
achieving reasonable progress goals
(RPGs) to improve visibility in Federally
designated areas in nearby states that
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
I. Background
On July 3, 2014, (79 FR 37976), EPA
published a notice of proposed
rulemaking (NPR) for the State of Iowa.
In the NPR, EPA proposed approval of
Iowa’s progress report SIP, a report on
progress made in the first
implementation period towards RPGs
for Class I areas that are affected by
emissions from Iowa sources. This
progress report SIP and accompanying
cover letter also included a
determination that Iowa’s existing
regional haze SIP requires no
E:\FR\FM\15AUR1.SGM
15AUR1
Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations
substantive revision to achieve the
established regional haze visibility
improvement and emissions reduction
goals for 2018.
On July 31, 2015, (80 FR 45631), EPA
published a supplement to the NPR
(SNPR) for the State of Iowa. In the
SNPR, EPA addressed the potential
effects on the NPR from the April 29,
2014, decision of the United States
Supreme Court (Supreme Court)
remanding to the United States Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) EPA’s Cross-State
Air Pollution Rule (CSAPR) for further
proceedings and the D.C. Circuit’s
decision to lift the stay of CSAPR. The
supplemental notice provided clarity
regarding how the court cases impacted
Iowa’s regional haze rule.
States are required to submit a
progress report in the form of a SIP
revision every five years that evaluates
progress towards the RPGs for each
mandatory Class I Federal area within
the state and in each mandatory Class I
Federal area outside the state which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
In addition, the provisions under 40
CFR 51.308(h) require states to submit,
at the same time as the 40 CFR 51.308(g)
progress report, a determination of the
adequacy of the state’s existing regional
haze SIP. The first progress report SIP
is due five years after submittal of the
initial regional haze SIP. IDNR
submitted its regional haze SIP on
March 25, 2008, and submitted its
progress report SIP revision on July 19,
2013. EPA finds that it satisfies the
requirements of 40 CFR 51.308(g) and
(h). No comments regarding the NPR or
SNPR were received during the public
comment period.
II. Summary of SIP Revision
sradovich on DSK3GMQ082PROD with RULES
On July 19, 2013, Iowa submitted a
SIP revision describing the progress
made toward the RPGs of Class I areas
outside Iowa that are affected by
emissions from Iowa’s sources in
accordance with requirements in the
Regional Haze Rule.1 This progress
report SIP also included an assessment
of whether Iowa’s existing regional haze
SIP is sufficient to allow nearby states
with Class I areas to achieve the
reasonable progress goals by the end of
the first planning period.
1 EPA promulgated a rule to address regional haze
on July 1, 1999 (64 FR 35713) known as the
Regional Haze Rule. The Regional Haze Rule
revised the existing visibility regulations to
integrate into the regulation provisions addressing
regional haze impairment and established a
comprehensive visibility protection program for
Class I areas. See 40 CFR 51.308 and 51.309.
VerDate Sep<11>2014
17:35 Aug 12, 2016
Jkt 238001
The provisions in 40 CFR 51.308(g)
require a progress report SIP to address
seven elements. In the NPR, EPA
proposed to approve the SIP as
adequately addressing each element
under 40 CFR 51.308(g). The seven
elements and EPA’s proposed
conclusions in the NPR are briefly
summarized below.
The provisions in 40 CFR 51.308(g)
require progress report SIPs to include
a description of the status of measures
in the regional haze implementation
plan; a summary of the emissions
reductions achieved; an assessment of
the visibility conditions for each Class
I area in the state; an analysis of the
changes in emissions from sources and
activities within the state; an assessment
of any significant changes in
anthropogenic emissions within or
outside the state that have limited or
impeded visibility improvement
progress in Class I areas impacted by the
state’s sources; an assessment of the
sufficiency of the regional haze
implementation plan to enable states to
meet reasonable progress goals; and a
review of the state’s visibility
monitoring strategy. As explained in
detail in the NPR and the SNPR, EPA
proposed Iowa’s progress report SIP
addressed each element and therefore
satisfied the requirements under 40 CFR
51.308(g).
In addition, pursuant to 40 CFR
51.308(h), states are required to submit,
at the same time as the progress report
SIP revision, a determination of the
adequacy of their existing regional haze
SIP and to take one of four possible
actions based on information in the
progress report. In its progress report
SIP, Iowa determined that its regional
haze SIP is sufficient to meet its
obligations related to the reasonable
progress goals for Class I areas affected
by Iowa’s sources. The State accordingly
provided EPA with a negative
declaration that further revision of the
existing regional haze implementation
plan was not needed at this time. See 40
CFR 51.308(h)(1). As explained in detail
in the NPR and the SNPR, EPA
proposed to determine that Iowa had
adequately addressed 40 CFR 51.308(h)
because the visibility data trends at the
Class I areas impacted by Iowa’s sources
and the emissions trends of the largest
emitters in Iowa of visibility-impairing
pollutants both indicate that the
reasonable progress goals for 2018 for
these areas will be met or exceeded.
Therefore, in our NPR and SNPR, EPA
proposed to approve Iowa’s progress
report SIP as meeting the requirements
of 40 CFR 51.308(g) and (h).
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
53925
III. Final Action
EPA is taking final action to approve
Iowa’s regional haze five-year progress
report and SIP revision, submitted July
19, 2013, as meeting the applicable
regional haze requirements as set forth
in 40 CFR 51.308(g) and 51.308 (h).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act (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).
E:\FR\FM\15AUR1.SGM
15AUR1
53926
Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations
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 14, 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).)
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 20, 2016.
Mark Hague,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et. seq.
Subpart Q—Iowa
2. In § 52.820(e) the table is amended
by adding and reserving entry (43), and
by adding entry (44) in numerical order
to read as follows:
■
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
§ 52.820
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IOWA NONREGULATORY PROVISIONS
Name of nonregulatory SIP provision
*
(43) Reserved]
(44) State Implementation Plan (SIP)
Revision for the Attainment and Maintenance of National
Ambient Air Quality
Standards for Regional Haze (2013
Five-Year Progress
Report).
Applicable geographic or
nonattainment area
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2012–0865; A–1–FRL–
9950–60–Region 1]
sradovich on DSK3GMQ082PROD with RULES
Air Plan Approval; NH; Control of
Volatile Organic Compound Emissions
From Minor Core Activities
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
SUMMARY:
17:35 Aug 12, 2016
Jkt 238001
EPA approval date
*
Statewide ....................................
[FR Doc. 2016–19041 Filed 8–12–16; 8:45 am]
VerDate Sep<11>2014
State submittal
date
*
7/19/13
This direct final rule will be
effective October 14, 2016, unless EPA
receives adverse comments by
September 14, 2016. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
DATES:
Frm 00020
Fmt 4700
*
8/15/16, [Insert Federal Register citation].
submitted by the State of New
Hampshire on October 4, 2012. The
revision clarifies Reasonably Available
Control Technology (RACT)
requirements as they apply to minor
core activities of volatile organic
compound (VOC) sources. The intended
effect of this action is to approve these
requirements into the New Hampshire
SIP. This action is being taken in
accordance with the Clean Air Act.
PO 00000
Explanation
Sfmt 4700
*
[EPA–R07–OAR–2014–0365;
FRL–9949–82–Region 7.
Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2012–0865 at https://
www.regulations.gov, or via email to
Mackintosh.David@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the 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
ADDRESSES:
E:\FR\FM\15AUR1.SGM
15AUR1
]]>Agencies
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53924-53926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19041]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0365; FRL-9949-82-Region 7]
Approval of Iowa's Air Quality Implementation Plans; Regional
Haze State Implementation Plan Revision and 2013 Five-Year Progress
Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the Iowa State Implementation Plan (SIP) revision
submitted to EPA by the State of Iowa on July 19, 2013, documenting
that the State's existing plan is making adequate progress to achieve
visibility goals by 2018. The Iowa SIP revision addressed the Regional
Haze Rule (RHR) requirements under the Clean Air Act (CAA or Act) to
submit a report describing progress in achieving reasonable progress
goals (RPGs) to improve visibility in Federally designated areas in
nearby states that may be affected by emissions from sources in Iowa.
EPA is taking final action to approve Iowa's determination that the
existing Regional Haze (RH) SIP is adequate to meet the visibility
goals and requires no substantive revision at this time.
DATES: This final rule is effective September 14, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2014-0365. 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 either electronically through
www.regulations.gov or at the Environmental Protection Agency, Air
Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas
66219. The Regional Office's official hours of business are Monday
through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal holidays. The
interested persons wanting to examine these documents should make an
appointment with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Stephen Krabbe, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at 913-551-7991, or by email at
krabbe.stephen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 3, 2014, (79 FR 37976), EPA published a notice of proposed
rulemaking (NPR) for the State of Iowa. In the NPR, EPA proposed
approval of Iowa's progress report SIP, a report on progress made in
the first implementation period towards RPGs for Class I areas that are
affected by emissions from Iowa sources. This progress report SIP and
accompanying cover letter also included a determination that Iowa's
existing regional haze SIP requires no
[[Page 53925]]
substantive revision to achieve the established regional haze
visibility improvement and emissions reduction goals for 2018.
On July 31, 2015, (80 FR 45631), EPA published a supplement to the
NPR (SNPR) for the State of Iowa. In the SNPR, EPA addressed the
potential effects on the NPR from the April 29, 2014, decision of the
United States Supreme Court (Supreme Court) remanding to the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) EPA's Cross-State Air Pollution Rule (CSAPR) for further
proceedings and the D.C. Circuit's decision to lift the stay of CSAPR.
The supplemental notice provided clarity regarding how the court cases
impacted Iowa's regional haze rule.
States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area within the state and in each
mandatory Class I Federal area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). In addition,
the provisions under 40 CFR 51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g) progress report, a determination of
the adequacy of the state's existing regional haze SIP. The first
progress report SIP is due five years after submittal of the initial
regional haze SIP. IDNR submitted its regional haze SIP on March 25,
2008, and submitted its progress report SIP revision on July 19, 2013.
EPA finds that it satisfies the requirements of 40 CFR 51.308(g) and
(h). No comments regarding the NPR or SNPR were received during the
public comment period.
II. Summary of SIP Revision
On July 19, 2013, Iowa submitted a SIP revision describing the
progress made toward the RPGs of Class I areas outside Iowa that are
affected by emissions from Iowa's sources in accordance with
requirements in the Regional Haze Rule.\1\ This progress report SIP
also included an assessment of whether Iowa's existing regional haze
SIP is sufficient to allow nearby states with Class I areas to achieve
the reasonable progress goals by the end of the first planning period.
---------------------------------------------------------------------------
\1\ EPA promulgated a rule to address regional haze on July 1,
1999 (64 FR 35713) known as the Regional Haze Rule. The Regional
Haze Rule revised the existing visibility regulations to integrate
into the regulation provisions addressing regional haze impairment
and established a comprehensive visibility protection program for
Class I areas. See 40 CFR 51.308 and 51.309.
---------------------------------------------------------------------------
The provisions in 40 CFR 51.308(g) require a progress report SIP to
address seven elements. In the NPR, EPA proposed to approve the SIP as
adequately addressing each element under 40 CFR 51.308(g). The seven
elements and EPA's proposed conclusions in the NPR are briefly
summarized below.
The provisions in 40 CFR 51.308(g) require progress report SIPs to
include a description of the status of measures in the regional haze
implementation plan; a summary of the emissions reductions achieved; an
assessment of the visibility conditions for each Class I area in the
state; an analysis of the changes in emissions from sources and
activities within the state; an assessment of any significant changes
in anthropogenic emissions within or outside the state that have
limited or impeded visibility improvement progress in Class I areas
impacted by the state's sources; an assessment of the sufficiency of
the regional haze implementation plan to enable states to meet
reasonable progress goals; and a review of the state's visibility
monitoring strategy. As explained in detail in the NPR and the SNPR,
EPA proposed Iowa's progress report SIP addressed each element and
therefore satisfied the requirements under 40 CFR 51.308(g).
In addition, pursuant to 40 CFR 51.308(h), states are required to
submit, at the same time as the progress report SIP revision, a
determination of the adequacy of their existing regional haze SIP and
to take one of four possible actions based on information in the
progress report. In its progress report SIP, Iowa determined that its
regional haze SIP is sufficient to meet its obligations related to the
reasonable progress goals for Class I areas affected by Iowa's sources.
The State accordingly provided EPA with a negative declaration that
further revision of the existing regional haze implementation plan was
not needed at this time. See 40 CFR 51.308(h)(1). As explained in
detail in the NPR and the SNPR, EPA proposed to determine that Iowa had
adequately addressed 40 CFR 51.308(h) because the visibility data
trends at the Class I areas impacted by Iowa's sources and the
emissions trends of the largest emitters in Iowa of visibility-
impairing pollutants both indicate that the reasonable progress goals
for 2018 for these areas will be met or exceeded. Therefore, in our NPR
and SNPR, EPA proposed to approve Iowa's progress report SIP as meeting
the requirements of 40 CFR 51.308(g) and (h).
III. Final Action
EPA is taking final action to approve Iowa's regional haze five-
year progress report and SIP revision, submitted July 19, 2013, as
meeting the applicable regional haze requirements as set forth in 40
CFR 51.308(g) and 51.308 (h).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (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).
[[Page 53926]]
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 14, 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: July 20, 2016.
Mark Hague,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et. seq.
Subpart Q--Iowa
0
2. In Sec. 52.820(e) the table is amended by adding and reserving
entry (43), and by adding entry (44) in numerical order to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(43) Reserved]
(44) State Implementation Plan Statewide........... 7/19/13 8/15/16, [Insert [EPA-R07-OAR-2014-0
(SIP) Revision for the Federal Register 365; FRL-9949-82-
Attainment and Maintenance of citation]. Region 7.
National Ambient Air Quality
Standards for Regional Haze
(2013 Five-Year Progress
Report).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-19041 Filed 8-12-16; 8:45 am]
BILLING CODE 6560-50-P
