7710 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations 

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. Amend § 52.820(c) by revising entry 

567–21.1 to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title State effective 

date EPA Approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

*******

Chapter 21—Compliance 

567–21.1 ........................... Compliance Schedule ................................................. 10/15/08 02/16/16 and [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–02957 Filed 2–12–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0398; FRL–9942–15– 

Region 10] 

Approval of Regional Haze BART 

Alternative Measure: Washington 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the Best Available Retrofit 

Technology (BART) alternative measure 

for the BP Cherry Point Refinery located 

near Ferndale, Washington. The BART 

alternative measure increases the oxides 

of nitrogen (NOX) emission limit from 

the R–1 HC Reactor Heater (R–1 Heater), 

a BART-eligible source currently subject 

to BART emission limits on NOX. To 

offset the increase in NOX emissions 

from this emission unit, the NOX

emission limits on the 1st Stage 

Hydrocracker Fractionator Reboiler (R– 

1 Reboiler), also a BART-eligible source 

subject to BART emission limits on 

NOX, will be reduced. The net effect of 

these changes is a decrease of 10.4 tons 

per year (tpy) of allowable NOX

emissions from sources subject to BART 

at the BP Cherry Point Refinery. 

DATES: This final rule is effective March 

17, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–EPA–R10–OAR–2015–0398. 

All documents in the docket are listed 

on the http://www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information or other information the 

disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

at http://www.regulations.gov or at EPA 

Region 10, Office of Air, Waste and 

Toxics, 1200 Sixth Avenue, Seattle, 

Washington 98101. The EPA requests 

that you contact the person listed in the 

FOR FURTHER INFORMATION CONTACT

section to schedule your inspection. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 to 4:30, excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information please contact John Chi at 

(206) 553–1185, or chi.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Orders Review 

I. Background Information 

On May 14, 2015, Washington 

submitted the BART alternative measure 

and the EPA proposed to approve it on 

November 16, 2015 (80 FR 70718). An 

explanation of the CAA requirements, a 

detailed analysis of the submittal, and 

the EPA’s reasons for approval were 

provided in the notice of proposed 

rulemaking, and will not be restated 

here. The public comment period for 

this proposed rule ended on December 

16, 2015. The EPA received one 

comment in support of this action and 

no adverse comments. 

II. Final Action 

The EPA is approving the BART 

alternative measure for the BP Cherry 

Point Refinery located near Ferndale, 

Washington by incorporating by 

reference the conditions of Revision 2 

identified below. The EPA is removing 

the BP Cherry Point Refinery, BART 

Compliance Order No. 7836 currently in 

the Federally approved SIP at 40 CFR 

52.2470(d) and replacing it with 

provisions of the BP Cherry Point 

Refinery, BART Compliance Order No. 

7836 Revision 2. The EPA is also 

approving new Condition 9 of the BART 

Compliance Order 7836 Revision 2 

relating to decommissioned units. The 

conditions of the BP BART Compliance 

Order Revision 2 that are proposed for 

incorporation by reference are: 

Condition 1: 1.1, 1.1.1, 1.2, 1.2.1, 

1.2.2; 

Condition 2: 2.1, 2.1.1, 2.1.2, 2.1.3, 

2.1.4, 2.1.5, 2.2, 2.2.1, 2.2.2, 2.3, 2.3.1, 

2.3.2, 2.4, 2.4.1, 2.4.2, 2.4.2.1, 2.5, 2.5.1, 

2.5.1.1, 2.5.1.2, 2.5.2, 2.5.3, 2.5.4, 2.6, 

2.6.1, 2.6.2, 2.6.3, 2.7, 2.7.1, 2.7.2, 2.7.3, 

2.7.4, 2.8, 2.8.1, 2.8.2,2.8.3, 2.8.4, 2.8.5, 

2.8.6; 

Condition 3, 3.1, 3.1.1, 3.1.2, 3.2, 

3.2.1, 3.2.2, 3.2.3, 3.2.4; 

Condition 4, 4.1, 4.1.1, 4.1.1.1, 4.1.1.2, 

4.1.1.3, 4.1.1.4; 

Condition 5, 5.1, 5.2; 

Condition 6, 6.1, 6.2, 6.3; 

Condition 7; and 

Condition 9. 

III. Incorporation by Reference 

In accordance with requirements of 1 

CFR 51.5, the EPA is revising our 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations 7711 

incorporation by reference located in 40 

CFR 52.2470(d)—‘‘EPA-Approved State 

Source-Specific Requirements’’ to 

reflect the approval of the BART 

alternative measure for the BP Cherry 

Point Refinery and the provision 

relating to decommissioned units. Due 

to the fact that the conditions in the 

original BART Order were renumbered 

in Revision 1, which was not submitted 

as a SIP revision, the EPA is removing 

the original IBR entry for ‘‘BP Cherry 

Point Refinery’’ in its entirety and 

incorporating in its place the specified 

conditions of Revision 2 included in the 

docket for this action. The end result is 

that all of the conditions in the Original 

BART order remain in the SIP (but with 

different numbers) except as discussed 

in the notice of the proposed 

rulemaking with respect to the BART 

alternative measure and the addition of 

Condition 9. The EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

IV. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

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 (Public Law 

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 this action does not involve 

technical standards; and 

• does not provide the 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 in 

Washington except as specifically noted 

below and is also not approved to apply 

in any other area where the 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 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. The 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, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: January 27, 2016. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

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 WW—Washington 

■ 2. In § 52.2470: 

■ a. In paragraph (d), the table is 

amended by revising the entry for ‘‘BP 

Cherry Point Refinery.’’ 

■ b. In paragraph (e), table 2 is amended 

by adding an entry entitled ‘‘Regional 

Haze State Implementation Plan—BP 

Cherry Point Refinery BART Revision’’ 

to the end of the table. 

The revisions read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(d) * * * 

mstockstill on DSK4VPTVN1PROD with RULES

7712 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations 

EPA-APPROVED STATE OF WASHINGTON SOURCE-SPECIFIC REQUIREMENTS

Name of source Order/Permit number State effective 

date EPA approval date Explanation 

*******

BP Cherry Point Refinery.Administrative Order 

No. 7836, Revision 2.

5/13/15 2/16/16 [Insert Federal 

Register citation].

The following conditions: 1.1, 1.1.1, 1.2, 1.2.1, 

1.2.2, 2.1, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5, 

2.2, 2.2.1, 2.2.2, 2.3, 2.3.1, 2.3.2, 2.4, 2.4.1, 

2.4.2, 2.4.2.1, 2.5, 2.5.1, 2.5.1.1, 2.5.1.2, 

2.5.2, 2.5.3, 2.5.4, 2.6, 2.6.1, 2.6.2, 2.6.3, 

2.7, 2.7.1, 2.7.2, 2.7.3, 2.7.4, 2.8, 2.8.1, 

2.8.2,2.8.3, 2.8.4, 2.8.5, 2.8.6, 3, 3.1, 3.1.1, 

3.1.2, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, 4, 4.1, 

4.1.1, 4.1.1.1, 4.1.1.2, 4.1.1.3, 4.1.1.4, 5, 5.1, 

5.2, 6, 6.1, 6.2, 6.3, 7, 9 

*******

(e) * * * 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision Applicable geographic or nonattainment area State submittal 

date EPA approval date Comments 

*******

Regional Haze State Implementation Plan—BP 

Cherry Point Refinery 

BART Revision.

Statewide .................................................................... 5/14/15 2/16/16 [Insert Federal 

Register citation].

[FR Doc. 2016–02953 Filed 2–12–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2015–0001; Internal 

Agency Docket No. FEMA–8419] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http://

www.fema.gov/fema/csb.shtm. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Patricia Suber, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4149. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

mstockstill on DSK4VPTVN1PROD with RULES