[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Rules and Regulations]
[Pages 7708-7710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02957]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0840; FRL-9942-39-Region 7]


Approval of Iowa's State Implementation Plan (SIP); Electronic 
Reporting Consistent With the Cross-Media Electronic Reporting Rule 
(CROMERR)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a SIP 
revision submitted by the State of Iowa. The revision pertains to the 
approval of Iowa's CROMERR submission which was published in the 
Federal Register on December 9, 2015, and will revise the Iowa SIP to 
provide for electronic submittal of emission inventory data.

DATES: This direct final rule will be effective April 18, 2016, without 
further notice, unless EPA receives adverse comment by March 17, 2016. 
If EPA receives adverse comment, we will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0840, to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7039, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

I. Background

    On November 4, 2008, Iowa submitted several revisions to EPA for 
approval into the SIP. On December 30, 2009, EPA took direct final 
action to approve the revisions to the SIP. (74 FR 68692). However, EPA 
did not act on several state administrative regulations that provided 
for electronic submittal of emissions inventory information, 
construction permit applications, and Title V operating permit 
applications, as Iowa had not obtained approval of its electronic 
document receiving system as required by the Cross-Media Electronic 
Reporting Rule (CROMERR) found at 40 CFR part 3 (70 FR 59848). 
Therefore, EPA did not take action on the electronic emissions 
inventory submittal provisions of Iowa Administrative Code (IAC) 567-
21.1(3).
    On December 9, 2015, EPA approved Iowa's CROMERR application for 
electronic reporting of emissions information through its State and 
Local Emissions Inventory System (SLEIS). (80 FR 76474). Accordingly, 
EPA is approving IAC 567-21-1(3) in to the SIP to allow for electronic 
submittal of emissions inventory data.

II. EPA's Evaluation

    Section 110(1) of the Federal Clean Air Act (CAA) states that each 
revision to an implementation plan submitted by a state under this 
chapter shall be adopted by such state after reasonable notice and 
public hearing. In the November 4, 2008, submittal for rule IAC 567-
21.1(3), Iowa provided

[[Page 7709]]

documentation that reasonable notice and a public hearing were 
provided. No comments were received.
    The EPA's regulations require states to revise the SIP to satisfy 
the requirements of 40 CFR part 3 (Cross-Media Electronic Reporting) in 
order to provide electronic documents to EPA in lieu of a paper 
document. Iowa submitted the CROMERR application to EPA on January 13, 
2010, and amended the application on September 22, 2015. The 
application requests revisions to the state's EPA-authorized air 
program to allow electronic reporting of emissions inventories under 40 
CFR part 52. EPA evaluated the application and determined that it meets 
the applicable requirements of the EPA air quality regulations because 
it is consistent with EPA's requirements for electronic reporting. The 
notice of EPA's decision to approve Iowa's application was published in 
the Federal Register on December 9, 2015, (80 FR 76474). This direct 
final action approves IAC 567-21.1(3) Emissions Inventory in to the 
Federally-approved SIP.

III. Final Action

    EPA is approving a revision to the Iowa SIP by approving IAC 567-
21.1(3) that allows electronic reporting of emissions inventories. 
Iowa's CROMERR submission was approved by the EPA on December 9, 2015.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revision if relevant adverse 
comments are received on this direct final rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document. If 
EPA receives adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that this direct final rule 
will not take effect. We will address all public comments in any 
subsequent final rule based on the proposed rule.

Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Iowa's 
Chapter 21 rule 567-21.1 ``Compliance Schedule'' described in the 
direct final amendments to 40 CFR part 52 set forth below. EPA has 
made, and will continue to make, these documents generally available 
electronically through www.regulations.gov and at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 18, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 1, 2016.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

[[Page 7710]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart Q--Iowa

0
2. Amend Sec.  52.820(c) by revising entry 567-21.1 to read as follows:


Sec.  52.820  Identification of plan.

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    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                               State
         Iowa citation                    Title           effective date  EPA Approval date      Explanation
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                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                             Chapter 21--Compliance
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567-21.1.......................  Compliance Schedule....        10/15/08  02/16/16 and       ...................
                                                                           [Insert Federal
                                                                           Register
                                                                           citation].
 
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[FR Doc. 2016-02957 Filed 2-12-16; 8:45 am]
 BILLING CODE 6560-50-P