Approval and Promulgation of Implementation Plans; State of Iowa; Infrastructure State Implementation Plan (SIP) Requirements for the 1997 and 2006 Fine Particulate Matter (PM2.5, 54502-54504 [2016-19386]
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Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
machines, or who voluntarily register
with FDA to be covered, to declare
calories for those vending machine
foods for which the Nutrition Facts label
cannot be examined before purchase or
for which visible nutrition information
is not otherwise provided at the point of
purchase. Covered vending machine
operators must comply with the rule by
December 1, 2016. However, in the
Federal Register of August 1, 2016 (81
FR 50303), we issued a final rule
entitled ‘‘Food Labeling; Calorie
Labeling of Articles of Food in Vending
Machines; Extension of Compliance
Date.’’ This rule provides that the
compliance date for type size front-ofpack labeling requirements
(§ 101.8(b)(2) (21 CFR 101.8(b)(2))) and
calorie disclosure requirements
(§ 101.8(c)(2)) for certain gums, mints,
and roll candy products in glass-front
machines in the final rule published
December 1, 2014 (79 FR 71259) is
extended to July 26, 2018. The
compliance date for all other
requirements in the final rule (79 FR
71259) remains December 1, 2016.
II. Paperwork Reduction Act of 1995
This draft guidance refers to
previously approved collections of
information found in FDA regulations.
These collections of information are
subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520). The collections
of information in 21 CFR 101.8 have
been approved under OMB Control No.
0910–0782.
III. Electronic Access
Persons with access to the Internet
may obtain the draft guidance at either
https://www.fda.gov/FoodGuidances or
https://www.regulations.gov. Use the
FDA Web site listed in the previous
sentence to find the most current
version of the guidance.
Dated: August 11, 2016.
Jeremy Sharp,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
[FR Doc. 2016–19493 Filed 8–15–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0213; FRL–9950–65–
Region 7]
Approval and Promulgation of
Implementation Plans; State of Iowa;
Infrastructure State Implementation
Plan (SIP) Requirements for the 1997
and 2006 Fine Particulate Matter
(PM2.5) National Ambient Air Quality
Standards (NAAQS), and the Adoption
of the 1997 PM2.5 Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
two State Implementation Plan (SIP)
submissions from the State of Iowa for
the Infrastructure SIP Requirements for
the 1997 and 2006 Fine Particulate
Matter (PM2.5) National Ambient Air
Quality Standards (NAAQS).
Infrastructure SIPs address the
applicable requirements of Clean Air
Act (CAA) section 110, which requires
that each state adopt and submit a SIP
for the implementation, maintenance,
and enforcement of each new or revised
NAAQS promulgated by the EPA. The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA. This
action also approves the adoption of the
1997 PM2.5 standard.
On September 8, 2011, EPA issued a
Finding of Failure to Submit a Complete
State Implementation Plan for several
states, including Iowa. With respect to
Iowa, the Finding of Failure to Submit
included the following 2006 PM2.5
NAAQS infrastructure requirements:
110(a)(2)(A)–(C), (D)(i)(II) (prong 3
only), (E)–(H) and (J)–(M). This approval
of Iowa’s infrastructure SIP for the 2006
PM2.5 NAAQS addresses the September
8, 2011 finding.
DATES: This final rule is effective on
September 15, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2014–0213. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
SUMMARY:
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Publicly available docket materials are
available electronically at
www.regulations.gov and at EPA Region
7, 11201 Renner Boulevard, Lenexa,
Kansas 66219. Please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7039, or by email at
Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. EPA’s Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is approving two
submissions from the State of Iowa: The
infrastructure SIP submissions for the
1997 and 2006 PM2.5 NAAQS received
on March 31, 2008 and July 29, 2013.
The SIP submissions from Iowa
addressed the requirements of CAA
sections 110(a)(1) and (2) as applicable
to the 1997 and 2006 PM2.5 NAAQS.
The March 31, 2008 SIP submission also
included the state adoption of the 1997
PM2.5 standard. The EPA is also
approving the 1997 PM2.5 standard in
today’s action.
For the 1997 PM2.5 NAAQS, the EPA
took previous action to address section
110(a)(2)(D)(i)(I)—prongs 1 and 2 for
Iowa. (72 FR 10380, March 8, 2007, as
revised in 76 FR 48208, August 8, 2011).
Therefore, in this final action, we are
not acting on these portions since they
have already been acted upon by the
EPA.
A Technical Support Document is
included as part of the docket to discuss
the details of this final action.
II. EPA’s Response to Comment
The public comment period on EPA’s
proposed regulation opened June 23,
2016, the date of its publication in the
Federal Register, and closed on July 25,
2016. 81 FR 40825. During this period,
EPA received one comment that is
addressed as follows:
Comment: The commenter stated that
EPA must disapprove the Prevention of
Significant Deterioration (PSD) portions
of the infrastructure SIP, 110(a)(2)(C),
(D)(i)(II) (prong 3) and (J), because the
local air agencies in Iowa with their
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own PSD programs lack the PM2.5
increment or do not treat NOX as a
precursor for ozone.
Response to comment: Iowa has a
delegated PSD program (see 72 FR
27056) that is not delegated to local air
agencies. PSD permits are only issued
by the Iowa Department of Natural
Resources. 81 FR 44795, 44796.
Therefore, no changes will be made in
response to this comment.
III. What action is EPA taking?
The EPA is approving two
submissions from the State of Iowa: The
infrastructure SIP submissions for the
1997 and 2006 PM2.5 NAAQS received
on March 31, 2008 and July 29, 2013.
The SIP submissions from Iowa address
the requirements of CAA sections
110(a)(1) and (2) as applicable to the
1997 and 2006 PM2.5 NAAQS. Today’s
action also approves the adoption of the
1997 PM2.5 standard.
The EPA’s analysis of these
submissions is addressed in a TSD as
part of the docket.
IV. Statutory and Executive Order
Reviews
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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
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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
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54503
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 17, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Statutory Authority
The statutory authority for this action
is provided by section 110 of the CAA,
as amended (42 U.S.C. 7410).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Prevention of
significant deterioration, Incorporation
by reference, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 1, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA to amends 40 CFR part
52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 is amended by
adding (e)(45) and (46) to read as
follows:
■
§ 52.820
*
Identification of plan.
*
*
(e) * * *
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*
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Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
EPA-APPROVED IOWA NONREGULATORY SIP PROVISIONS
Applicable
geographic or
nonattainment
area
Name of
non-regulatory
SIP revision
*
(45) Sections
110(a)(1) and (2)
Infrastructure Requirements 1997
PM2.5 NAAQS.
(46) Sections
110(a)(1) and (2)
Infrastructure Requirements 2006
PM2.5 NAAQS.
State submittal
date
EPA Approval date
*
*
Statewide ............................
3/21/08
*
*
8/16/16 [Insert Federal
Register citation].
Statewide ............................
7/23/13
[FR Doc. 2016–19386 Filed 8–15–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0350; FRL–9950–73–
Region 3]
Air Plan Approval; DC; Infrastructure
Requirements for the 2012 PM2.5
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
District of Columbia (the District) state
implementation plan (SIP). Whenever
new or revised national ambient air
quality standards (NAAQS) are
promulgated, the Clean Air Act (CAA)
requires states to submit a plan for the
implementation, maintenance, and
enforcement of such NAAQS. The plan
is required to address basic program
elements including, but not limited to,
regulatory structure, monitoring,
modeling, legal authority, and adequate
resources necessary to assure attainment
and maintenance of the standards.
These elements are referred to as
infrastructure requirements. The District
has made a submittal addressing the
infrastructure requirements for the 2012
annual fine particulate matter (PM2.5)
NAAQS. EPA is approving these
revisions addressing the infrastructure
requirements for the 2012 PM2.5 NAAQS
in accordance with the requirements of
the CAA.
DATES: This rule is effective on October
17, 2016 without further notice, unless
EPA receives adverse written comment
by September 15, 2016. If EPA receives
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8/16/16 [Insert Federal
Register citation].
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0350 at https://
www.regulations.gov, or via email to
Fernandez.cristina@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
discussion of all points you wish to
make. The 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, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Ruth Knapp, (215) 814–2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On December 28, 2015, the District
submitted a formal SIP revision to its
SIP. The District’s SIP revision
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Explanation
*
*
This action addresses the following CAA
elements:
110(a)(2)(A),
(B),
(C),
(D)(i)(II), prong 3, (E), (F), (G), (H), (J),
(K), (L), and (M). 110(a)(2)(I) is not applicable.
This action addresses the following CAA
elements:
110(a)(2)(A),
(B),
(C),
(D)(i)(II), prong 3, (E), (F), (G), (H), (J),
(K), (L), and (M). 110(a)(2)(I) is not applicable.
submittal addresses the following
infrastructure elements for the
implementation of the 2012 annual
PM2.5 NAAQS: section 110(a)(2)(A), (B),
(C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M) of the CAA.
The infrastructure SIP submittal does
not address section 110(a)(2)(I) which
pertains to the nonattainment
requirements of part D, title I of the
CAA, since this element is not required
to be submitted by the 3-year
submission deadline of CAA section
110(a)(1), and will be addressed in a
separate process.
II. Summary of EPA’s Rationale for
Proposing Approval
In accordance with 40 CFR part 51,
appendix V, EPA found that the
District’s December 28, 2015
infrastructure SIP submittal is
technically incomplete for the portions
addressing the infrastructure elements
in section 110(a)(2)(C), (D)(i)(II), (D)(ii),
and (J) relating to the permitting
program for prevention of significant
deterioration (PSD), because the District
has not adequately addressed the
requirements of part C of title I of the
CAA for having a SIP approved PSD
permit program. EPA found the
remainder of the SIP submittal to be
administratively and technically
complete. On May 11, 2016, EPA sent a
letter to the District Department of
Environment and Energy (DDOEE)
notifying the District of this
determination.
As a result of this incompleteness
finding, EPA is not taking rulemaking
action on the PSD related portions of
section 110(a)(2)(C), (D)(i)(II), (D)(ii),
and (J) for the 2012 annual PM2.5
NAAQS, until the District through
DDOEE submits a SIP to address the
PSD permit program requirements of
part C of title I of the CAA. EPA
recognizes, however, that the District is
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]]>Agencies
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54502-54504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19386]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0213; FRL-9950-65-Region 7]
Approval and Promulgation of Implementation Plans; State of Iowa;
Infrastructure State Implementation Plan (SIP) Requirements for the
1997 and 2006 Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standards (NAAQS), and the Adoption of the 1997
PM2.5 Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of two State Implementation Plan (SIP) submissions from the
State of Iowa for the Infrastructure SIP Requirements for the 1997 and
2006 Fine Particulate Matter (PM2.5) National Ambient Air
Quality Standards (NAAQS). Infrastructure SIPs address the applicable
requirements of Clean Air Act (CAA) section 110, which requires that
each state adopt and submit a SIP for the implementation, maintenance,
and enforcement of each new or revised NAAQS promulgated by the EPA.
The infrastructure requirements are designed to ensure that the
structural components of each state's air quality management program
are adequate to meet the state's responsibilities under the CAA. This
action also approves the adoption of the 1997 PM2.5
standard.
On September 8, 2011, EPA issued a Finding of Failure to Submit a
Complete State Implementation Plan for several states, including Iowa.
With respect to Iowa, the Finding of Failure to Submit included the
following 2006 PM2.5 NAAQS infrastructure requirements:
110(a)(2)(A)-(C), (D)(i)(II) (prong 3 only), (E)-(H) and (J)-(M). This
approval of Iowa's infrastructure SIP for the 2006 PM2.5
NAAQS addresses the September 8, 2011 finding.
DATES: This final rule is effective on September 15, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2014-0213. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically at www.regulations.gov and at
EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. Please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at
Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. EPA's Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving two submissions from the State of Iowa: The
infrastructure SIP submissions for the 1997 and 2006 PM2.5
NAAQS received on March 31, 2008 and July 29, 2013. The SIP submissions
from Iowa addressed the requirements of CAA sections 110(a)(1) and (2)
as applicable to the 1997 and 2006 PM2.5 NAAQS. The March
31, 2008 SIP submission also included the state adoption of the 1997
PM2.5 standard. The EPA is also approving the 1997
PM2.5 standard in today's action.
For the 1997 PM2.5 NAAQS, the EPA took previous action
to address section 110(a)(2)(D)(i)(I)--prongs 1 and 2 for Iowa. (72 FR
10380, March 8, 2007, as revised in 76 FR 48208, August 8, 2011).
Therefore, in this final action, we are not acting on these portions
since they have already been acted upon by the EPA.
A Technical Support Document is included as part of the docket to
discuss the details of this final action.
II. EPA's Response to Comment
The public comment period on EPA's proposed regulation opened June
23, 2016, the date of its publication in the Federal Register, and
closed on July 25, 2016. 81 FR 40825. During this period, EPA received
one comment that is addressed as follows:
Comment: The commenter stated that EPA must disapprove the
Prevention of Significant Deterioration (PSD) portions of the
infrastructure SIP, 110(a)(2)(C), (D)(i)(II) (prong 3) and (J), because
the local air agencies in Iowa with their
[[Page 54503]]
own PSD programs lack the PM2.5 increment or do not treat
NOX as a precursor for ozone.
Response to comment: Iowa has a delegated PSD program (see 72 FR
27056) that is not delegated to local air agencies. PSD permits are
only issued by the Iowa Department of Natural Resources. 81 FR 44795,
44796. Therefore, no changes will be made in response to this comment.
III. What action is EPA taking?
The EPA is approving two submissions from the State of Iowa: The
infrastructure SIP submissions for the 1997 and 2006 PM2.5
NAAQS received on March 31, 2008 and July 29, 2013. The SIP submissions
from Iowa address the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 1997 and 2006 PM2.5 NAAQS. Today's action
also approves the adoption of the 1997 PM2.5 standard.
The EPA's analysis of these submissions is addressed in a TSD as
part of the docket.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 17, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
Statutory Authority
The statutory authority for this action is provided by section 110
of the CAA, as amended (42 U.S.C. 7410).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Prevention of
significant deterioration, Incorporation by reference,
Intergovernmental relations, Particulate matter, Reporting and
recordkeeping requirements.
Dated: August 1, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA to amends 40 CFR part
52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. Section 52.820 is amended by adding (e)(45) and (46) to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
[[Page 54504]]
EPA-Approved Iowa Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA Approval date Explanation
revision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(45) Sections 110(a)(1) and (2) Statewide........... 3/21/08 8/16/16 [Insert This action
Infrastructure Requirements Federal Register addresses the
1997 PM2.5 NAAQS. citation]. following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
prong 3, (E), (F),
(G), (H), (J),
(K), (L), and (M).
110(a)(2)(I) is
not applicable.
(46) Sections 110(a)(1) and (2) Statewide........... 7/23/13 8/16/16 [Insert This action
Infrastructure Requirements Federal Register addresses the
2006 PM2.5 NAAQS. citation]. following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
prong 3, (E), (F),
(G), (H), (J),
(K), (L), and (M).
110(a)(2)(I) is
not applicable.
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[FR Doc. 2016-19386 Filed 8-15-16; 8:45 am]
BILLING CODE 6560-50-P
