[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Rules and Regulations]
[Pages 66075-66078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26040]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0468; FRL-10001-89-Region 7]
Air Plan Approval; Iowa; Revisions to Regional Haze Plan and
Visibility Requirements in Infrastructure State Implementation Plans
for the 2006 PM2.5, 2012 PM2.5, 2010 NO2, 2010 SO2, 2008 Ozone, and
2015 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Iowa. This final action will amend the SIP to rely on the
Cross State Air Pollution Rule (CSAPR) for certain regional haze
requirements, fully approve Iowa's Regional Haze Plan, remove the
Federal Implementation (FIP) the state replaced, and approve the
Visibility portions of infrastructure SIPs for the 2006 Fine
Particulate Matter (PM2.5), 2012 PM2.5, 2010
Nitrogen Dioxide (NO2), 2010 Sulfur Dioxide
(SO2), 2008 Ozone, and 2015 Ozone National Ambient Air
Quality Standards (NAAQS).
DATES: This final rule is effective on January 2, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0468. All documents in the docket are
listed on the https://www.regulations.gov website. 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 through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Jed D. Wolkins, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7588; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
[[Page 66076]]
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
On May 14, 2019, the State of Iowa submitted a request to revise
the State of Iowa's Regional Haze Plan, changing from reliance on the
Clean Air Interstate Rule (CAIR) to reliance on the Cross State Air
Pollution Rule (CSAPR) for certain regional haze requirements; removing
EPA's Federal Implementation Plan (FIP) for reliance on CSAPR for
certain regional haze requirements, convert EPA's limited approval/
limited disapproval of Iowa's Regional Haze Plan for the first regional
haze planning period to a full approval; and approve the states'
submissions addressing the Clean Air Act (CAA or the Act) section
110(a)(2)(D)(i)(II) provision (prong 4) that prohibit emissions
activity in one state from interfering with measures to protect
visibility in another state of Iowa's infrastructure SIP submittals for
the 2006 Fine Particulate Matter (PM2.5) 2012 Fine
Particulate Matter (PM2.5), 2010 Nitrogen Dioxide
(NO2), 2010 Sulfur Dioxide (SO2), 2008 Ozone, and
2015 Ozone NAAQS. The EPA is finalizing approval of these requests.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
state provided the Federal Land Managers the draft rule on February 28,
2019, providing until April 28, 2019, to receive comments and received
no comments. The state provided public notice of this SIP revision on
March 29, 2019, providing until April 29, 2019 to receive comments and
received no comments. The state held a public hearing on April 29, 2019
and received no comments. In addition, as explained above, the revision
meets the substantive SIP requirements of the CAA, including section
110 and implementing regulations.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened August
22, 2019 the date of its publication in the Federal Register and closed
on September 23, 2019. During this period, the EPA received one
comment.
Comment: EPA must immediately retract this proposal per the
decision made by the D.C. Circuit Court ruling in Wisconsin, et al v.
EPA. As the EPA states in [its] now remanded final rule, the CSAPR
Update addresses both the 2008 and 1997 ozone NAAQS in addition to the
D.C. Circuit's 2015 remand of the CSAPR rule. ``This CSAPR Update also
is intended to address the July 28, 2015 remand by the United States
Court of Appeals for the District of Columbia Circuit of certain
states' original CSAPR phase 2 ozone season NOX emission
budgets. In addition, this rule updates the status of certain states'
outstanding interstate ozone transport obligations with respect to the
1997 ozone NAAQS, for which the original CSAPR provided a partial
remedy.'' And so, until EPA addresses the D.C. Circuit's 2019 remand of
the CSAPR Update rule, EPA can't rely on a CSAPR better than BART
reasoning until EPA fully [addresses] the remand of CSAPR Update[.]
Response: The EPA disagrees with this comment. BART-eligible
electric generating unit (EGU) sources in Iowa may satisfy best
available retrofit technology (BART) requirements for a given
visibility pollutant by participating in any of the Cross-State Air
Pollution Rule (CSAPR) trading programs for that pollutant, as
authorized by the regional haze rule, 40 CFR 51.308(e)(4). Iowa's
covered EGUs not only participate in the CSAPR Update ozone season
NOX trading program for transport of ozone but also the
CSAPR annual NOX and SO2 trading programs for
transport of fine particulate matter (PM2.5) under the 1997
and 2006 national ambient air quality standards (NAAQS) for
PM2.5. See 40 CFR 52.38(a)(2)(i), 52.39(b); see also CSAPR
Final Rule, 76 FR 48208-76 FR 48213 (August 8, 2011). Thus, regardless
of whether Iowa's EGUs participate in the CSAPR Update ozone season
NOX trading program, their participation in the CSAPR annual
NOX trading program would continue to be sufficient to
satisfy BART requirements for NOX as a visibility pollutant.
EPA initially determined that participation in either ozone-season
or annual NOX trading programs would satisfy BART for
NOX in concluding that participation in the trading programs
established under CAIR, the predecessor to CSAPR, could serve as BART
alternatives. See BART Guidelines Final Rule, 70 FR 39104-70 FR 39143
(July 6, 2005); see also 71 FR 60612-71 FR 60623 (October 13, 2006)
(clarifying EPA's 2005 determination that ``participation in either the
annual or seasonal CAIR NOX cap-and-trade program is a
necessary condition for relying on EPA's determination that States can
substitute CAIR for BART for NOX''). When CSAPR replaced
CAIR, EPA conducted a BART-alternative analysis similar to the BART-
alternative analysis conducted for CAIR, and again specifically
assessed whether participation in either the CSAPR ozone-season
NOX trading program or the CSAPR annual NOX
trading program would be sufficient to satisfy the BART-alternative
analysis for NOX; EPA again concluded that either would
suffice. See 77 FR 33642 at 77 FR 33650-77 FR 33651 (June 7, 2012).
Thus, the current text of the regional haze rule continues to provide
that a state ``subject to a trading program [under CSAPR] need not
require BART-eligible fossil fuel fired steam electric plants in the
State to install, operate, and maintain BART for the pollutant covered
by such trading program in the State,'' 40 CFR 51.308(e)(4) (emphasis
added). This provision recognizes that participation in either the
ozone-season or annual NOX trading program would satisfy
BART. So long as Iowa's BART-eligible fossil-fuel fired EGUs are
subject to CSAPR's annual NOX trading program, their
participation in the ozone-season NOX trading program--or
the status of the CSAPR Update ozone-season NOX program more
generally--is not relevant for determining that these sources' BART
obligations for NOX are satisfied.
Further, if it so chose, Iowa could continue to rely on the CSAPR
Update (81 FR 74504, October 26, 2016) ozone-season NOX
trading program to satisfy best available retrofit technology (BART)
requirements for Iowa's BART-eligible electric generating units (EGUs),
as authorized by 40 CFR 51.308(e)(4). The court's decision in Wisconsin
v. EPA, No. 16-1406 (D.C. Cir. September 13, 2019), did not vacate the
CSAPR Update, and that rule, including Iowa's ozone-season
NOX budget, remains in place. The Wisconsin decision upheld
the CSAPR Update rule in most respects, but held the rule was
inconsistent with the CAA to the extent it failed to require upwind
states to eliminate their significant contributions to downwind ozone
problems in accordance with the downwind areas' ozone attainment
deadline. Wisconsin, Slip Op. 13. The court remanded the Update rule
but expressly declined to vacate it in order to avoid ``substantial
disruption'' and in recognition of the potential ``harm to the public
health and environment'' vacatur could cause. Id. at 59.
At this time, the CSAPR Update rule remains in operation, and it is
entirely speculative--not to mention improbable
[[Page 66077]]
in light of the court's reasoning--that on remand, the CSAPR Update's
ozone-season NOX budget for any state would become less
stringent, much less in a way that could impact EPA's analysis of the
CSAPR program as a BART-alternative.
Finally, the commenter states that the CSAPR Update rule addressed
not only the 2008 ozone NAAQS but also the remand of some of the
original CSAPR ozone-season NOX budgets for the 1997 ozone
NAAQS in EME Homer City Generation v. EPA, 795 F.3d 118 (D.C. Cir.
2015). See CSAPR Update Final Rule, 81 FR 74504 at 81 FR 74507 (October
26, 2016). The relevance of this observation to the present action is
not clear. Iowa's was not one of the original CSAPR ozone-season
NOX budgets remanded due to potential over-control in EME
Homer City, see 795 F.3d 118, 138. Further, in the Wisconsin case
reviewing the CSAPR Update rule, no party challenged the portion of
that rule resolving the remanded budgets from EME Homer City, and there
is no reason to believe those determinations would be revisited or
reopened on the remand in Wisconsin.
For all these reasons, the Wisconsin decision and remand of the
CSAPR Update does not alter or affect Iowa's ability to continue to
rely on participation in CSAPR trading programs to satisfy BART for
NOX and SO2 for its BART-eligible sources covered
by the CSAPR trading programs.
IV. What action is the EPA taking?
The EPA is amending the Iowa SIP to relying on CSAPR for certain
Regional Haze requirements in accordance with the CAA and the Regional
Haze Rule (40 CFR 51.308(e)(4)); withdrawing the FIP relying on CSAPR
to satisfy those requirements; fully approving Iowa's regional haze SIP
for the first planning period; and approving the prong 4 portions for
each of the six NAAQS identified above.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose an information collection burden under
the PRA. This action approves state plans that do not impose any
information collection.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
approves state plans that rely on no new requirements on any entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments. There are no Indian reservation lands in Missouri.
Thus, Executive Order 13175 does not apply to this rule.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it approves a state program and approves
a state action implementing a federal standard.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
L. Determination Under Section 307(d)
Pursuant to CAA section 307(d)(1)(B), this action is subject to the
requirements of CAA section 307(d), as it revises a FIP under CAA
section 110(c).
M. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action [is/is not] a ``major rule'' as defined
by 5 U.S.C. 804(2).
N. Judicial Review
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 February 3, 2020. 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, Revisions to Regional Haze Plan and Visibility
Requirements in Infrastructure State Implementation Plans for the 2006
PM2.5, 2012 PM2.5, 2010 NO2, 2010
SO2, 2008 Ozone, and 2015 Ozone NAAQS may not be challenged
later in
[[Page 66078]]
proceedings to enforce its requirements. See CAA 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: November 25, 2019.
Andrew R. Wheeler,
Administrator.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
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2. In Sec. 52.820, the table in paragraph (e) is amended by adding
paragraph (e)(52) to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(e) * * *
EPA--Approved Iowa Nonregulatory Provisions
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Applicable State
Name of nonregulatory SIP geographic or submittal EPA Approval date Explanation
provision nonattainment area date
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* * * * * * *
(52) Sections 110 (a)(2) Statewide......... 1/17/2013; 7/ 12/3/2019, [insert This action approves
Infrastructure Prong 4 28/2013; 7/29/ Federal Register the following CAA
Requirements for the 2006 Fine 2013; 7/29/ citation]. elements:
Particulate Matter, 2012 Fine 2013; 12/22/ 110(a)(2)(D)(i)(II)--p
Particulate Matter, 2010 2015; 11/30/ rong 4. [EPA-R07-OAR-
Nitrogen Dioxide, 2010 Sulfur 2018; 5/14/ 2019-0468; FRL-10001-
Dioxide, 2008 Ozone, and 2015 2019 89-Region 7.].
Ozone NAAQS.
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3. Section 52.842 is revised to read as follows:
Sec. 52.842 Visibility protection.
The requirements of section 169A of the Clean Air Act are met
because the Regional Haze plan submitted by Iowa on March 25, 2008 and
supplemented on May 14, 2019, includes fully approvable measures for
meeting the requirements of the Regional Haze Rule including 40 CFR
51.308(d)(3) and 51.308(e) with respect to emissions of NOX
and SO2 from electric generating units.
[FR Doc. 2019-26040 Filed 12-2-19; 8:45 am]
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