7708 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations 

Subpart G—Colorado 

■ 2. Section 52.352 is amended by 

adding paragraph (d) to read as follows: 

§ 52.352 Interstate transport. 

* * * * * 

(d) Addition to the Colorado State 

Implementation Plan of the Colorado 

Interstate Transport SIP regarding 2008 

Ozone Standards for both of the CAA 

section 110(a)(2)(D)(i)(I) requirements 

submitted to EPA on December 31, 

2012. 

Subpart BB—Montana 

■ 3. Section 52.1393 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1393 Interstate transport 

requirements. 

* * * * * 

(c) EPA is approving both elements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2008 ozone NAAQS, which was 

submitted to EPA on January 3, 2013. 

Subpart JJ—North Dakota 

■ 4. Section 52.1833 is amended by 

adding paragraph (e) to read as follows: 

§ 52.1833 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(e) EPA is approving both elements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2008 ozone NAAQS, which was 

submitted to EPA on March 8, 2013. 

Subpart QQ—South Dakota 

■ 5. Section 52.2170, paragraph (e), is 

amended by adding the entry ‘‘XIX. 

Section 110(a)(2)(D)(i)(I) Infrastructure 

Requirements for the 2008 8-hour Ozone 

NAAQS’’ to read as follows: 

§ 52.2170 Identification of plan. 

* * * * * 

(e) * * * 

Rule title State effective 

date 

EPA Effective 

date Final rule citation, date Comments 

*******

XIX. Section 110(a)(2)(D)(i)(I) Interstate Transport 

Requirements for the 2008 8-hour Ozone 

NAAQS.

5/21/13 3/2/15 80 FR 4799, 1/29/15 

[FR Doc. 2016–02959 Filed 2–12–16; 8:45 am] 

BILLING CODE 6560–50–P 

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 CrossMedia Electronic Reporting Rule 

(CROMERR) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

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 

Hamilton.heather@epa.gov. 

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 

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

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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 

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