MEMORANDUM

SUBJECT:	Technical Support Document for Clean Air Act Sections 110(a)(1) and (2) Infrastructure State Implementation Plan Submission, State of Iowa, for the 2015 8-hour Ozone National Ambient Air Quality Standard

FROM:	Jason Heitman 		ARD/AQPB/AtPS

TO:		IA-182; EPA-R07-OAR-2021-0378

THRU:	Andy Hawkins, Branch Chief       ARD/AQPB            Summary

The Environmental Protection Agency's (EPA) Region 7 office received a state implementation plan (SIP) revision from the Iowa Department of Natural Resources (DNR) titled Iowa State Implementation Plan Revision for the 2015 Ozone National Ambient Air Quality Standards (2015 O3 iSIP) on November 30, 2018.

The state provided a public comment period from September 18, 2018, to October 19, 2018, and a public hearing was held on October 19, 2018. Two written comments were received by Iowa DNR.    The EPA proposes to approve the 2015 O3 iSIP submittal as meeting the requirements of section 110(a)(1) and the following elements of section 110(a)(2): (A) through (C), (D)(i)(II)  -  prevention of significant deterioration of air quality (prong 3) and protection of visibility (prong 4), (D)(ii), (E) through (H), and (J) through (M). Elements of section 110(a)(2)(D)(i)(I)  -  significant contribution to nonattainment (prong 1) and interfering with maintenance of the National Ambient Air Quality Standard (NAAQS) (prong 2) were addressed in the submission but the EPA is not taking action on these prongs at this time. Section 110(a)(2)(I) was discussed in the submission as not being an applicable requirement, and the EPA does not expect infrastructure SIP submissions to address element (I).

This technical support document describes the EPA's evaluation of Iowa DNR's iSIP submittal and its reasoning for the proposed actions.

    EPA Requirements

Whenever the EPA promulgates a new or revised NAAQS, CAA section 110(a)(1) requires states to make SIP submissions to provide for the implementation, maintenance, and enforcement of the NAAQS. This particular type of SIP submission is commonly referred to as an "infrastructure SIP." These submissions must meet the various requirements of CAA section 110(a)(2), as applicable. Due to ambiguity in some of the language of CAA section 110(a)(2), EPA believes that it is appropriate to interpret these provisions in the specific context of acting on infrastructure SIP submissions. The EPA has previously provided comprehensive guidance on the application of these provisions through a guidance document for infrastructure SIP submissions and through regional actions on infrastructure submissions. Unless otherwise noted below, we are following that existing approach in acting on this submission. In addition, in the context of acting on such infrastructure submissions, the EPA evaluates the submitting state's SIP for facial compliance with statutory and regulatory requirements, not for the state's implementation of its SIP. The EPA has other authority to address any issues concerning a state's implementation of the rules, regulations, consent orders, etc. that comprise its SIP.

    Evaluation of the State's Submittal

The EPA has reviewed Iowa's infrastructure SIP submission and the applicable statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP. Below is EPA's evaluation of how the state addressed the relevant elements of section 110(a)(2) for the 2015 O3 NAAQS. The EPA is proposing to approve the submission as a SIP revision meeting the submittal requirement section 110(a)(1).

(A) Emission limits and other control measures: Section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance, and other related matters as needed to implement, maintain and enforce each NAAQS.

The Iowa DNR fulfills the requirements of 110(a)(2)(A) through Iowa law, administrative rules, permits, and consent orders. The Iowa DNR is the designated agency to prevent, abate, or control air pollution (Iowa Code 455B.132). The Environmental Protection Commission (EPC) is the governing commission for the environmental services portion of the Iowa DNR (Iowa Code 455A.6).

The EPC has the duty and authority to develop plans for the abatement, control, and prevention of air pollution, which includes emission limits and schedules for compliance. The EPC is required to adopt, amend, or repeal rules as necessary to obtain approval of the SIP under Section 110 of the federal CAA. Further, the EPC is charged with adopting, amending, or repealing ambient air quality standards necessary to protect the public health and welfare. EPC also shall adopt, amend or repeal emissions limits relating to the maximum quantities of air contaminants that may be emitted from an air contaminant source (Iowa Code 455B.133(1-4)).

Administrative rules establish procedures for compliance with emission limits and variance provisions (567 Iowa Administrative Code (IAC) Chapter 21). 567 IAC Chapter 22 prevents the construction, reconstruction or modification of a source if the source will interfere with the attainment or maintenance of the NAAQS.  In addition, 567 IAC Chapter 33 provides Iowa with the authority to limit the emissions of nitrogen oxides (NOX) and volatile organic compounds (VOCs), which are precursors to ozone formation.

Iowa has statutory and regulatory authority to establish additional emissions limitations and other measures, as necessary to address attainment and maintenance of the ozone standard. The Iowa SIP adequately addresses the requirements of Section 110(a)(2)(A) for the 2015 ozone NAAQS.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(A) for the 2015 O3 NAAQS and is proposing to approve this element.

The EPA does not consider the SIP requirements triggered by the nonattainment area mandates in part D of Title 1 of the CAA to be governed by the submission deadline of section 110(a)(1). Furthermore, Iowa does not have any areas that are designated as nonattainment for the 2015 ozone NAAQS. Iowa's 2015 O3 iSIP (contained within this docket) generally listed provisions within its SIP which regulate pollutants through various programs, including major or minor source permit programs. The EPA proposes to find that this suffices to meet the requirements of section 110(a)(2)(A) for the 2015 ozone NAAQS.

(B) Ambient air quality monitoring/data system: Section 110(a)(2)(B) requires SIPs to include provisions to provide for establishment and operation of ambient air quality monitors, collection and analysis of ambient air quality data, and making these data available to the EPA upon request.

The Iowa Code requires the Iowa DNR Director to monitor air quality (455B.134(4)). Ambient air monitoring is implemented with agreements with the University of Iowa's State Hygienic Laboratory, the Linn County Local Program, and the Polk County Local Program. The ambient air quality monitoring program collects air monitoring data, quality assures the results, and reports the data. Iowa DNR submits an annual monitoring network plan to EPA for approval, including plans for its ozone monitoring network, as required by 40 CFR 58.10. Prior to submission, Iowa provides the plans for public review on Iowa DNR's website.

The Iowa DNR operates monitors in the largest metropolitan statistical areas, monitors to measure background concentrations, and monitors for regional transport. Iowa is currently in attainment with the 2015 ozone standards.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(B) for the 2015 O3 NAAQS and is proposing to approve this element.

 (C) Program for enforcement of control measures (PSD, New Source Review for nonattainment areas, and construction and modification of all stationary sources): Section 110(a)(2)(C) requires states to include the following three elements in the SIP: (1) a program providing for enforcement of all SIP measures described in section 110(a)(2)(A); (2) a program for the regulation of the modification and construction of stationary sources as necessary to protect the applicable NAAQS (i.e., state-wide permitting of minor sources); and (3) a permit program to meet the major source permitting requirements of the CAA (for areas designated as attainment or unclassifiable for the NAAQS in question).    Iowa statute requires the Iowa DNR to enforce the requirements of control measures necessary to meet the requirements of Section 110(a)(2)(C). The EPC approves administrative rules that establish the schedule or range of civil penalties (Iowa Code 455B.109, 567 IAC Chapter 10). The Iowa DNR Director has the duty and authority to issue orders consistent with administrative rules to control air pollution or ensure compliance with permit conditions (Iowa Code 455B.134(9); 455B.138). The State of Iowa may seek judicial review and legal action to enforce the rules and regulations (Iowa Code 455B.140-141). Criminal penalties may also be sought by the State of Iowa (Iowa Code 455B.146A).

The Iowa DNR's compliance program has staff in both the central office and six field offices to ensure that industry, businesses, institutions, and individuals are in compliance with state and federal air quality regulations.

Iowa DNR is required to implement a SIP approved pre-construction permit and prevention of significant deterioration (PSD) program (Iowa Code 455B.133(6); 37 FR 10842, 50 FR 37176, and 72 FR 27056). The preconstruction permit program reviews design and performance objectives for sources of air contaminants to determine their likely compliance with state and federal requirements. New facilities must be designed to meet emissions standards and shall not cause or contribute to a violation of ambient air quality standards. DNR is prohibited from issuing a permit if the project would result in violation of emission limits or other provisions in the SIP (567 IAC Chapters 22-23 and 33).

Iowa DNR also is required to implement a fully approved operating permit program (Iowa Code 455B.133(8), 567 IAC Chapter 22) which is commonly known as Title V. A Title V facility, also referred to as a major stationary source of air pollutants, is a facility that has the potential to emit 100 tons per year (tpy) or more of any air pollutant subject to regulation; or the potential to emit 10 tpy or more of any individual hazardous air pollutant; or the potential to emit 25 tpy or more of any combination of hazardous air pollutants.

A Title V operating permit incorporates into one document all of the pre-construction permits and state and federal regulatory requirements of the air quality program for each facility that is a major source of air pollution. The operating permit includes provisions describing how compliance with each requirement will be maintained on a continuous basis. Facilities are required to provide semi-annual emissions monitoring reports and an annual compliance certification report. The Title V operating permit provides a comprehensive review of a facility's requirements under the Act.

On January 17, 2017, the EPA promulgated a final rule entitled ``Revisions to the Guideline on Air Quality Models: Enhancements to the AERMOD Dispersion Modeling System and Incorporation of Approaches To Address Ozone and Fine Particulate Matter'' (also referred to as the 2017 Guideline). See 82 FR 5182. The preamble to the 2017 Guideline, in the `Dates' section says:              For all regulatory applications covered under the Guideline, except for transportation conformity, the changes to the appendix A preferred models and revisions to the requirements and recommendations of the Guideline must be integrated into the regulatory processes of respective reviewing authorities and followed by applicants by no later than January 17, 2018.

For purposes of infrastructure SIP requirements, regulatory applications of the Guideline include the PSD elements of CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J). EPA's PSD regulations at 40 CFR 51.166(l) require SIP PSD programs to base air quality modeling on the Guideline. States were required to integrate the 2017 Guideline into their PSD programs by January 17, 2018. Additionally, a state may also rely on the 2017 Guideline to satisfy the modeling requirements of Section 110(a)(2)(K).

The most direct way for states to meet this requirement is to integrate the 2017 Guideline is to revise the regulations in their SIP to incorporate the 2017 Guideline. Iowa promulgated its incorporation by reference of the 2017 Guideline in 567 IAC 33.3(2). On June 25, 2021, the EPA published a final rule that approved Iowa's incorporation by reference of the 2017 Guideline into the SIP. See 86 FR 33544. Accordingly, the EPA is proposing to find that Iowa's infrastructure SIP submission demonstrates that new major sources and major modifications in areas of Iowa that are designated attainment or unclassifiable for the specified NAAQS are subject to a federally-approved PSD permitting program meeting all the current structural requirements of part C of title I of the CAA to satisfy the infrastructure SIP PSD elements. Thus, the EPA is proposing to find that Iowa's infrastructure SIP submission, in addition to the EPA's June 25, 2021, approval of the incorporation of the 2017 Guideline into the SIP, meets the requirements of 110(a)(2)(C) for the infrastructure requirements for the 2015 8-hour ozone NAAQS.

(D) Interstate and international transport: Section 110(a)(2)(D)(i) includes four requirements referred to as prongs 1 through 4. Prongs 1 and 2 are provided at section 110(a)(2)(D)(i)(I); Prongs 3 and 4 are provided at section 110(a)(2)(D)(i)(II). Section 110(a)(2)(D)(i)(I) requires SIPs to include adequate provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment (prong 1), or interfering with maintenance (prong 2), of any NAAQS in another state. Section 110(a)(2)(D)(i)(II) requires SIPs to include adequate provisions prohibiting any source or other type of emissions activity in one state from interfering with measures required of any other state to prevent significant deterioration of air quality (prong 3) or to protect visibility (prong 4).

110(a)(2)(D)(i)(I) - Prongs 1 and 2

In this notice, we are not proposing to take any actions related to the interstate transport requirements of section 110(a)(2)(D)(i)(I)  -  prongs 1 and 2. The EPA intends to act on 110(a)(2)(D)(i)(I) - prongs 1 and 2 in a subsequent action.

 110(a)(2)(D)(i)(II)  -  Prong 3

With respect to section 110(a)(2)(D)(i)(II) -- prong 3  -  Iowa's Prevention of Significant Deterioration (PSD) permitting program applies statewide to ensure that new and modified sources of pollution do not cause or contribute to violations of air quality standards. The EPA also notes that Iowa's satisfaction of the applicable infrastructure SIP PSD requirements for attainment/unclassifiable areas of the 2015 O3 NAAQS have been detailed in the section addressing section 110(a)(2)(C). Therefore the EPA proposes to find that Iowa has met the infrastructure SIP requirements of Prong 3 of Section 110(a)(2)(D)(i)(II) related to prevention of significant deterioration of air quality.

110(a)(2)(D)(i)(II) -  Prong 4

With regard to the applicable requirements for visibility protection of section 110(a)(2)(D)(i)(II)- prong 4, states are subject to visibility and regional haze program requirements under part C of the CAA (which includes sections 169A and 169B). The 2013 Guidance states that these requirements can be satisfied by an approved SIP addressing reasonably attributable visibility impairment, if required, and an approved SIP addressing regional haze.         The EPA approved Iowa's Regional Haze Plan, effective January 2, 2020. 84 FR 66075, December 3, 2019. Therefore, the EPA proposes to find that Iowa has met the infrastructure SIP requirements of section 110(a)(2)(D)(i)(II) related to visibility protection for the 2015 O3 NAAQS.  110(a)(2)(D)(ii)

Section 110(a)(2)(D)(ii) also requires that the SIP ensure compliance with the applicable requirements of sections 126 and 115 of the CAA, relating to interstate and international pollution abatement, respectively.         Iowa's SIP contains adequate provisions to comply with the obligations (relating to interstate and international pollution abatement) of Section 110(a)(2)(D)(ii). As evidence, no source or sources within Iowa are the subject of a finding under 42 USC 7426 (Section 126 of the CAA) or 42 USC 7415 (Section 115 of the CAA) with respect to ozone (or any other NAAQS).        Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that Iowa has the adequate infrastructure needed to address 110(a)(2)(D)(ii) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission.         (E) Adequate authority, resources, implementation, and oversight: Section 110(a)(2)(E) requires that SIPs provide for the following: (1) necessary assurances that the state (and other entities within the state responsible for implementing the SIP) will have adequate personnel, funding, and authority under state or local law to implement the SIP, and that there are no legal impediments to such implementation; (2) requirements that the state comply with the requirements relating to state boards, pursuant to section 128 of the CAA; and (3) necessary assurances that the state has responsibility for ensuring adequate implementation of any plan provision for which it relies on local governments or other entities to carry out that portion of the plan.

The Iowa DNR has adequate personnel, funding, and authority to fulfill the requirements of the SIP. Detailed information on authority is listed in the portion on Section 110(a)(2)(A). There are no legal impediments to implementing the 2015 ozone NAAQS. The program's budget is funded by the State General Fund, the State Environment First Fund, EPA grants authorized under Sections 103 and 105 of the CAA, and fees. More information on fees is provided under CAA Section 110(a)(2)(L). EPA conducts periodic program reviews to ensure that the state has adequate resources and funding to implement the SIP.

As indicated earlier, the EPC was established in Iowa Code 455A.6. Members of the EPC must comply with ethics, gift restrictions, and conflict of interest requirements as outlined in Iowa law (Iowa Code 68B, 69). The Governor's Office provides annual training to new board and commission members to explain the requirements.

Iowa DNR has delegated the duties for the abatement, control, and prevention of air pollution to the Linn County Health Department Air Quality Division and the Polk County Public Works Air Quality Division, for each of their respective counties (Iowa Code 455B.144-146). The Linn County and Polk County programs were initially approved into the SIP in 1989 (54 FR 33526, 54 FR 33528).

Iowa DNR and the Linn & Polk County Local Programs annually negotiate and sign comprehensive letters of agreement or contracts. Program emphasis is placed on the collection and assessment of information regarding air quality, the permitting of sources of air emissions, the enforcement of emission limits and the attainment and maintenance of ambient air quality standards. Funding for activities in the scope of work under each contract is paid for by a portion of the Iowa DNR's EPA grants under Sections 103 and 105 of the CAA, and fees. Iowa DNR conducts biennial program reviews.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(E) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission.

(F) Stationary source monitoring system: Section 110(a)(2)(F) requires states to establish a system to monitor emissions from stationary sources and to submit periodic emission reports. Each SIP shall require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources, to monitor emissions from such sources. The SIP shall also require periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and requires that the state correlate the source reports with emission limitations or standards established under the CAA. These reports must be made available for public inspection at reasonable times.

Administrative rules (567 IAC Chapter 25) provide detailed requirements for owners or operators of stationary sources to monitor emissions. Stack testing observation (Iowa Code 455B.134(4)) ensures the quality of emissions data. The data quality may be assured through field test audits and reviewing test reports. The field audits consist of making sure the correct methodology is followed, approving on-site variations, ensuring the tested emission source is operating in an acceptable manner, and answering questions posed by the testing group and the facility. The report review verifies the test results by checking the calculations and lab analysis. A stack test summary is generated and the compliance status of the emission point is determined. Iowa DNR also receives and reviews annual compliance certifications and semi-annual monitoring reports required under the Title V program (Iowa Code 455B.133(8), 567 IAC Chapter 22). Information collected through emission inventories are submitted to EPA in accordance with federal air emissions reporting requirements.

Iowa uses this information to track progress towards maintaining the NAAQS, developing control and maintenance strategies, identifying sources and general emission levels, and determining compliance with emission regulations and additional EPA requirements. The reports are available to the public at the Iowa DNR's Records Center during normal business hours with some reports available electronically. DocDNA is the Iowa DNR's online electronic records system for many public records.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(F) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission.

(G) Emergency authority: Section 110(a)(2)(G) requires SIPs to provide for authority to address activities causing imminent and substantial endangerment to public health or welfare or the environment (comparable to the authorities provided in section 303 of the CAA), and to include contingency plans to implement such authorities as necessary.

The Iowa DNR Director has the authority to issue an emergency order if any person is causing air pollution which requires immediate action to protect public health and safety (Iowa Code 455B.139). Administrative rules (567 IAC Chapter 26) have been developed to prevent the excessive buildup of air contaminants and have been previously approved into the SIP (74 FR 68692).        Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(G) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission.          (H) Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate to attain the NAAQS.

Iowa is required to adopt, amend, or repeal rules pertaining to the evaluation, abatement, control, and prevention of air pollution which may be necessary to ensure that Iowa complies with Section 110 of the CAA (Iowa Code 455B.133(2)). This includes a requirement to revise rules as necessary to respond to a revised NAAQS and to respond to EPA findings of substantial inadequacy.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(H) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission.

(I) Nonattainment areas: Section 110(a)(2)(I) requires that in the case of a plan or plan revision for areas designated as nonattainment areas, states must meet applicable requirements of part D of the CAA, relating to SIP requirements for designated nonattainment areas.

The EPA does not expect infrastructure SIP submissions to address subsection (I). The specific SIP submissions for designated nonattainment areas, as required under CAA title I, part D, are subject to different submission schedules than those for section 110 infrastructure elements. Instead, the EPA will take action on part D attainment plan SIP submissions through a separate rulemaking governed by the requirements for nonattainment areas, as described in part D.

(J) Consultation with government officials, public notification, PSD and visibility protection: Section 110(a)(2)(J) requires SIPs to meet the applicable requirements of the following CAA provisions: (1) section 121, relating to interagency consultation regarding certain CAA requirements; (2) section 127, relating to public notification of NAAQS exceedances and related issues; and (3) part C of the CAA, relating to prevention of significant deterioration of air quality and visibility protection.

Iowa DNR has the duty and authority and resources to meet the requirements of Section 7421 including consultation for transportation controls, air quality maintenance plan requirements, or preconstruction review. The Iowa DNR also is required to provide a satisfactory process of consultation with local government, designated organizations of elected officials of local governments such as council of governments, and applicable federal land managers, to carry out the consultation requirements of Section 7421 (455B.133(1,4)).

The Iowa DNR provides a copy of each PSD permit to EPA prior to the start of the public comment process. Public notifications of proposed PSD projects are posted to the air quality Public Participation page on the Iowa DNR's website. Additional notice of the availability to comment is given to the public through public list serve announcements. List serve subscription information is available on several portions of the website. All new visitors to the site are encouraged to subscribe. The public notification contains the notice of application; preliminary determination; opportunity for comment at a public hearing as well as written comment. A copy of the notice of public comment is then sent to the applicant; the regional EPA office, the Iowa DNR Field Office; and officials and agencies having an interest in the proposed construction (567 Chapter 33.3(17)).

Iowa DNR has the duty, authority, and resources to meet the requirements of Section 7427(a) to notify the public regarding exceedances of the NAAQS which include public awareness measures which can be taken to prevent exceedances (455B.133(2), 455B.134(7)). The Iowa DNR utilizes press releases, online reports, and list serves to notify the public of exceedances. Awareness messages are included in these outreach methods as well as in public meetings.

Iowa DNR holds semi-annual air quality client contact meetings to focus on current and upcoming air program issues and changes. The meetings provide an open forum for stakeholders and the general public to discuss new state and federal air quality rules or air program developments and are a good source of information for anyone who works with or has an interest in activities related to air quality.

The Iowa DNR's Environmental Services Division (ESD) holds a monthly client contact group meeting prior to the EPC meetings. The ESD client contact group is an open forum to discuss issues related to all of the department's environmental programs.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(J) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission.

(K) Air quality and modeling/data: Section 110(a)(2)(K) requires that SIPs provide for performing air quality modeling, as prescribed by the EPA, to predict the effects on ambient air quality of any emissions of any NAAQS pollutant, and for submission of such data to the EPA upon request.

The Iowa DNR has the authority to conduct modeling to complete ambient air impact analyses (Iowa Code 455B.133 (1-2)). As discussed in the CAA section 110(a)(2)(C) section of this document, the EPA has approved Iowa's incorporation by reference of the 2017 Guideline into the SIP. Thus, Iowa has the authority to conduct modeling in the manner prescribed by the EPA. In addition, the Iowa DNR is prohibited from issuing a permit if the project would result in or significantly contribute to a violation of the ambient air quality standards (567 IAC 22.3(1)) or other provisions in the federally approved SIP (567 IAC Chapters 22-23 and 33).

Atmospheric modeling allows the impacts of pollution from a proposed air pollution source to be determined before a source is constructed or modified. Ozone is predominantly a regional pollutant formed through secondary reactions of precursor emissions of nitrogen oxides (NOX) and volatile organic compounds (VOCs) from numerous and diverse existing sources. Regional photochemical models combine meteorological, emissions, and atmospheric chemistry information to predict the fate and formation of ozone and its precursors. Regional photochemical modeling results may support single source ozone assessments for permitting, SIP development, interstate pollutant transport analyses, and visibility impact assessments. Single source assessments, if required, will follow 40 CFR Part 51, Appendix W, Section 5.0, Models for Ozone and Secondarily Formed Particulate Matter.

Rarely, an individual source may emit ozone directly. If necessary in such cases, air dispersion modeling is conducted with an EPA approved model that uses mathematical formulations and information about the source emissions along with the local terrain and meteorological data to predict ozone concentrations at locations selected by the user. Modeling is conducted in accordance with Department's modeling guidelines and with Appendix W of 40 CFR Part 51. DNR has the authority to collect and report data to EPA, upon request (Iowa Code 455B.134 (5, 7)).

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(K) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission.

(L) Permitting Fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source to pay permitting fees to the permitting authority, as a condition of any permit required under the CAA, to cover the cost of reviewing and acting upon any application for such a permit, and, if the permit is issued, the costs of implementing and enforcing the terms of the permit. The fee requirement applies until a fee program established by the state pursuant to title V of the CAA, relating to operating permits, is approved by the EPA.

New source review construction and Title V operating permit applications are subject to application fees. Major sources are also subject to Title V annual emissions fees (567 IAC Chapter 30). Title V operating permit application and emissions fees are deposited in the air contaminant source fund (Iowa Code 455B.133B). Asbestos demolition notification projects regulated under the asbestos NESHAP are subject to fees. New source review construction permit applications and asbestos demolition notifications are deposited in the air quality fund (Iowa Code 455B.133C). The Iowa DNR website has additional information on all air quality fees.

Prior to the March EPC meeting, Iowa DNR holds fee advisory group meeting(s) to review the draft budget and provide recommendations. Each March the Iowa DNR presents an estimated or proposed budget to cover the reasonable cost of administering the fee programs to the EPC. Each May the EPC sets the fees as needed. The new fee rates, if changed at the May EPC meeting, would become effective on July 1. If no action is taken at the May EPC meeting, the existing fee amount(s) continue.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA believes that the Iowa SIP meets the requirements of section 110(a)(2)(L) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission.

(M) Consultation/participation by affected local entities: Section 110(a)(2)(M) requires SIPs to provide for consultation and participation by local political subdivisions affected by the SIP.

Iowa DNR has delegated authority to the Linn County Health Department Air Quality Division and the Polk County Public Works Air Quality Division (Local Programs) to conduct programs for the abatement, control, and prevention of air pollution in their respective county (Iowa Code 455B.144-146).

The Local Programs are required to meet all the requirements of 567 IAC Chapter 27 to keep their status. The Local Programs issue permits, perform compliance inspections, respond to air quality complaints, and maintain a network of monitors for ambient air in each respective county. Iowa DNR issues PSD and Title V operating permits in Linn and Polk Counties.

The Local Programs have adopted air quality ordinances to implement federal, state, and local air pollution control requirements. The ordinances cannot be less stringent than federal or state standards; however, they can be more stringent. The ordinances are incorporated into the SIP in the same manner that the IAC is incorporated into the SIP.

Each year Iowa DNR negotiates an agreement to pass through federal funds and provide Title V funds sufficient to implement the programs. Revenue from local fee systems provides additional funding and required match to a portion of the pass through federal funds. The contracts are approved by the EPC for each new state fiscal year. Iowa DNR conducts biennial audits to ensure the Local Programs are meeting all requirements of the contract.

Both the Iowa DNR's and the Local Programs' administrative processes provide a public comment period. The comment period provides an opportunity for other local political subdivisions that may be affected by the plan to comment.

Iowa DNR frequently holds public meetings, like the semi-annual air quality client contact meetings. The open forum allows stakeholders and the general public to dialogue on a variety of topics. The Iowa DNR also communicates using press releases, online reports, and list serves. Rulemakings are also published on the Iowa DNR's website and in the Iowa Administrative Bulletin.

Based upon review of the state's infrastructure SIP submission for the 2015 O3 NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Iowa's SIP, the EPA proposes to find that the Iowa SIP meets the requirements of section 110(a)(2)(M) for the 2015 O3 NAAQS and is proposing to approve this element of the November 30, 2018, submission.

    Conclusions and Recommended Action

Based upon review of the state's infrastructure SIP submissions and relevant statutory and regulatory authorities and provisions referenced in the submissions or referenced in Iowa's SIP, the EPA has determined that the submittal complies with the applicable minimum completeness criteria in section 2.1 of appendix V to 40 CFR part 51 and the EPA proposes to find that Iowa has the infrastructure to address all applicable required elements of sections 110(a)(1) and (2) to ensure that the 2015 O3 NAAQS is implemented in the state.

The EPA proposes to approve the following elements of section 110(a)(2) for the 2015 O3 NAAQS: (A) through (C), (D)(i)(II) - prongs 3 and 4, (D)(ii), (E) through (H), and (J) through (M).

EPA intends to act on 110(a)(2)(D)(i)(I) - prongs 1 and 2 in a subsequent action and proposes no action at this time on section 110(a)(2)(I).


[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Notices]
[Page 5905-5906]
[DOCID:fr31ja08-122]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2008-0021]

U.S. DOT Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Request for public comment on proposed collection of
information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections.
    This document describes one collection of information for which
NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before March 31, 2008.

ADDRESSES: You may submit comments [identified by DOT Docket No. NHTSA-
2008-0021] by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. Telephone: 1-800-647-
5527.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://
DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Complete copies of this request for
collection of information may be obtained at no charge from Dennis

Flemons, NHTSA 1200 New Jersey Avenue, SE., Room W53-448 NVS-412,
Washington, DC 20590. Mr. Flemons telephone number is<PHONE_NUMBER>.
Please identify the relevant collection of information by referring to
its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulation (at 5 CFR
1320.8(d), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks for public
comments on the following proposed collections of information:
    (1) Title: Fatal Accident Reporting System (FARS).
    OMB Control Number: 2127-0006.
    Affected Public: State, Local, or Tribal Government.
    Abstract: Under both the Highway Safety Act of 1966 and the
National Traffic and Motor Vehicle Safety Act of 1966, the National
Highway Traffic Safety Administration (NHTSA) has the responsibility to
collect accident data that support the establishment and enforcement of
motor vehicle regulations and highway safety programs. These
regulations and programs are developed to reduce the severity of injury
and the property damage associated with motor vehicle accidents. The
Fatal Accident Reporting System (FARS) is a major system that acquires
national fatality information directly from existing State files and
documents. Since FARS is an on-going data acquisition system, reviews
are conducted yearly to determine whether the data acquired are
responsive to the total user population needs. The total user
population includes Federal and State agencies and the private sector.
    Changes in the forms usually involve clarification adjustments to
aid the user population in conducting more precise analyses, to remove
ambiguity for the respondents and to differentiate data by data
collection year. These changes are annual and do not affect the
reporting burden of the respondent (State employees utilize existing
State highway safety related files).
    Other changes may involve removing outdated data elements
introducing new data elements or redesigning data elements to capture
higher quality data and to respond more to the needs of the user
population. These changes are less frequent and affect burden very
gradually. Advances in technology and systems design are incorporated
to minimize the burden on the respondents.
    Estimated Annual Burden: 82,407 hours.
    Number of Respondents: 53.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

Joseph S. Carra,
Associate Administrator, National Center for Statistics and Analysis.
[FR Doc. E8-1766 Filed 1-30-08; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Rules and Regulations]
[Pages 62093-62094]
[FR Doc No: 2021-24514]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0768]
RIN 1625-AA08

Special Local Regulation; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for the San Diego Fleet Week Veterans Day Boat Parade
marine event that will be held on the waters of San Diego Bay,
California. This action is necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, and general users of
the waterway during the event on November 11, 2021. This SLR
temporarily encompasses all navigable waters, from surface to bottom,
on a pre-determined course in the northern portion of the San Diego
Main Ship Channel from Shelter Island Basin, past the Embarcadero,
crossing the Federal navigable channel and ending off of Coronado
Island.

DATES: This rule is effective from 11:30 a.m. to 2:30 p.m. on November
11, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0768 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Santorum, Waterways Management,
U.S. Coast Guard Sector, San Diego, CA; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was given short
notice from the event sponsor regarding the event, and must establish
this special local regulation by November 11, 2021. The event is
expected to draw a high concentration of vessels to the San Diego Bay
area along the proposed parade route. Traditionally, the San Diego Bay
area serves as a major thoroughfare for commercial traffic, naval
operations, ferry routes, and a number of other recreational uses. The
Coast Guard is establishing this SLR to minimize impacts on this
congested waterway. This regulation is necessary to ensure the safety
of individuals, property, and the marine environment on the navigable
waters of San Diego Bay during this event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to ensure the safety of life on the navigable waters of San
Diego Bay during the marine event on November 11, 2021.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1236). The Captain of the Port (COTP)
Sector San Diego has determined that potential hazards associated with
the parade will be a safety concern for anyone within the vicinity of
the parade route. This rule is needed to protect personnel, vessels,
spectators, and the marine environment in the navigable waters of the
San Diego Bay in the vicinity of the marine event during the
enforcement period of this rule.

IV. Discussion of the Rule

    This rule establishes an SLR from 11:30 a.m. until 2:30 p.m. on
November 11, 2021. The SLR will cover all navigable waters on a pre-
determined course in the northern portion of the San Diego Main Ship
Channel from Shelter Island Basin, past the Embarcadero, crossing the
Federal navigable channel and ending off of Coronado Island. The
duration of the SLR is intended to protect personnel, vessels,
spectators, and the marine environment in these navigable waters
before, during, and after the event is scheduled to occur. During the
enforcement period, persons and vessels are prohibited from anchoring,
blocking, loitering, or impeding within this regulated area unless
authorized by the Captain of the Port, or his designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the SLR. This action will affect
only the northern portion of the San Diego Main Ship Channel for three
hours. Vessels will still be able to transit the area outside of the
regulated area and request permission to enter, as needed. The Coast
Guard will publish a Local Notice to Mariners and will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 that details
the vessel restrictions of the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
SLR may be small entities, for the reasons stated

in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a SLR
lasting less than four hours that will monitor entry to the SLR area
for the duration of the enforcement period to cover before, during and
after the parade has concluded. It is categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T11-0768 to read as follows:

Sec.  100.T11-0768  San Diego Fleet Week Veterans Day Boat Parade, San
Diego Bay, California.

    (a) Regulated area. The regulations in this section apply to the
following area:
    (1) Parade area: All navigable waters, from surface to bottom, on a
pre-determined course in the northern portion of the San Diego Main
Ship Channel from Shelter Island Basin, past the Embarcadero, crossing
the Federal navigable channel and ending off of Coronado Island.
    (2) [Reserved]
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Sector San Diego
(COTP) in the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event
sponsor as a participants in the parade.
    (c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector San Diego or their
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by calling the Sector San Diego Joint Harbor Operations
Center (JHOC) at<PHONE_NUMBER>. Those in the regulated area, including
participants, must comply with all lawful orders or directions given to
them by the COTP or the designated representative.
    (3) The COTP will provide notice of the regulated areas through
advanced notice via Broadcast Notice to Mariners and by on-scene
designated representatives.
    (d) Enforcement period. This section will be enforced from 11:30
a.m. through 2:30 p.m. on Thursday, November 11, 2021.

    Dated: November 4, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-24514 Filed 11-8-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23186-23187]
[FR Doc No: E9-11520]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2002-0011; FRL-8906-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Laboratory Quality Assurance
Evaluation Program for Analysis of Cryptosporidium Under the Safe
Drinking Water Act (Renewal); EPA ICR No. 2067.04, OMB Control No.
2040-0246

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before June 17, 2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2002-0011, to (1) EPA online using www.regulations.gov (our preferred
method), or by mail to: EPA Docket Center, Environmental Protection
Agency, Water Docket, Environmental Protection Agency, Mailcode:
28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB
by mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Carrie Miller, EPA, Office of Ground
Water and Drinking Water, Technical Support Center, 26 West Martin
Luther King Drive (MS-140), Cincinnati, Ohio 45268; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On February 25, 2009 (74 FR 8529), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received three comments during the
comment period, which are addressed in the ICR. Any additional comments
on this ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2002-0011, which is available for online viewing at
www.regulations.gov, or in person viewing at the Water Docket in the
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
www.regulations.gov to submit or view public comments, access the index
listing of the contents of the docket, and to access those documents in
the docket that are available electronically. Once in the system,
select ``docket search,'' then key in the docket ID number identified
above. Please note that EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing at www.regulations.gov as EPA receives them and without change,
unless the comment contains copyrighted material, confidential business
information (CBI), or other information whose public disclosure is
restricted by statute. For further information about the electronic
docket, go to www.regulations.gov.
    Title: Laboratory Quality Assurance Evaluation Program for Analysis
of Cryptosporidium under the Safe Drinking Water Act (Renewal).
    ICR numbers: EPA ICR No. 2067.04, OMB Control No. 2040-0246.
    ICR Status: This ICR is currently scheduled to expire on May 31,
2009. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Under the Laboratory Quality Assurance Evaluation Program
for Analysis of Cryptosporidium (``Lab

QA Program''), EPA has approved voluntary laboratories that have
demonstrated, and continue to demonstrate, proficient detection and
enumeration of Cryptosporidium in surface water sources for public
water systems. Approved laboratories that do not continue to meet the
criteria for the Lab QA Program, including successful participation in
tri-annual proficiency tests, may have their status downgraded to
``provisional'' or have their approval suspended.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 74.5
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Public and private water testing
laboratories.
    Estimated Number of Respondents: 65.
    Frequency of Response: Annual.
    Estimated Total Annual Hour Burden: 4,843.
    Estimated Total Annual Cost: $411,729.40, includes $141,929.00
annualized capital or O&M costs.
    Changes in the Estimates: There is an increase of 863 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. Changes in burden have occurred due to re-
evaluation of hours for tasks, improved demonstration of capability and
growth in the respondent universe. Inflation has increased all
operation and maintenance and labor costs accordingly. EPA's original
estimates for hours to participate and maintain the Lab QA Program were
made before the program began. Because the program has matured and
several years of QC data have been collected, the burden has changed
for performing improved and refined procedures. The burden for some
tasks has been estimated and will be re-evaluated as the program
progresses.

    Dated: May 12, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-11520 Filed 5-15-09; 8:45 am]
BILLING CODE P


[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Rules and Regulations]
[Pages 32619-32622]
[FR Doc No: 2019-14496]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0460]
RIN 1625-AA09

Drawbridge Operation Regulation; Shrewsbury River, Monmouth
County Highway Bridge, Sea Bright, New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Monmouth County Highway Bridge (alternatively referred to
as the ``Sea Bright Bridge'' or the ``S-32 Bridge'') across the
Shrewsbury River, mile 4.0 at Sea Bright, New Jersey. The owner of the
bridge, the Monmouth County Board of Chosen Freeholders (Monmouth
County), submitted a request to reduce the number of bridge openings
during the summer months to better serve the needs of the community
while continuing to meet the reasonable needs of navigation.

DATES: This rule is effective July 23, 2019.

ADDRESSES: To view documents mentioned in this preamble as being

available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0460 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Donna D. Leoce, Bridge Management Specialist, First
Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 18, 2017, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Shrewsbury River,
Sea Bright, New Jersey'' in the Federal Register (82 FR 32777). We
received 129 comments from the NPRM. Further, Commander (dpb), First
Coast Guard District also published a Public Notice 1-155 dated July
28, 2017. The notice requested comments and directed those comments be
added to the docket. In response to the 129 comments received,
additional data was gathered, including follow-up meetings with
Monmouth County officials and review of bridge logs and traffic counts.
Subsequently, the Coast Guard tested a temporary deviation with an
alternate schedule for the 2018 boating season. On May 22, 2018 the
Coast Guard published a temporary deviation from the operating schedule
entitled, ``Drawbridge Operation Regulation; Shrewsbury River, Sea
Bright, New Jersey'' in the Federal Register (83 FR 23581). The 2018
proposed change to the bridge operating schedule was tested to
determine whether a permanent change was warranted to allow the draw to
open as follows:
    The draw shall open on signal at all times; except that, from the
Friday before Memorial Day through Labor Day, on Friday, Saturday,
Sunday, and holidays, between 9 a.m. and 7 p.m., the draw need only
open on the hour.
    One-hundred-twelve comments were received in response to the test
deviation. This number includes the comments received directly to U.S.
Coast Guard District One, Bridge Branch. We received a total of 241
comments from the 2017 NPRM and the 2018 test deviation.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. This final rule lessens prior
restrictions for notice requirements on the weekends and holidays
during the summer months, and provides set schedules for bridge
openings. The public comments in response to the test deviation and the
NPRM support the promulgation of the modified regulation to reduce the
notice required for bridge openings and set hourly openings for a
specific period of time during the summer months. Making this rule
effective as soon as possible within the timeframe most impacted
(Memorial Day to Labor Day) will serve the needs of the community while
continuing to meet the reasonable needs of navigation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Monmouth County Highway Bridge, mile 4.0, across the Shrewsbury
River at Sea Bright, New Jersey, has a vertical clearance of 15 feet at
Mean High Water and 17 feet at Mean Low Water when the span is in the
closed position. Vertical clearance is unlimited when the draw is open.
Horizontal clearance is 75 feet. Waterway users include recreational
vessels and a limited number of commercial vessels including tug/barge
combinations.
    The existing drawbridge regulation, 33 CFR 117.755, requires the
draw of the Monmouth County Highway Bridge to open as follows: The draw
shall open on signal at all times; except that, from May 15 through
September 30, Saturday, Sunday and holidays, between 9 a.m. and 7 p.m.,
the draw need open only on the hour and half hour. This regulation has
been in effect since July 6, 2010. Monmouth County, the owner of the
bridge, requested a change to the drawbridge operating regulations
given the increased volume of vehicular traffic crossing the bridge
associated with the summer months. The increase of vehicular traffic
resulted in significant traffic congestion on either side of the bridge
during peak travel hours. The owner of the bridge asserted that traffic
congestion will be improved or relieved through reduction of required
bridge openings for vessels. In the summer of 2018, a deviation from
the operating regulation was tested, from the Friday before Memorial
Day through Labor Day. The operating regulations presently encompassing
Saturdays, Sundays, and holidays was expanded to include Fridays as
well, between 9 a.m. and 7 p.m., the draw was open only on the hour to
allow for more efficient and economical operation of the bridge, given
the volume of vehicular traffic crossing the bridge at the beginning of
the weekend.
    Density patterns were recorded from the Monmouth County 2018 bridge
logs for the Friday, Saturday, Sunday, and Holiday timeframes. In June,
from the first through the fifth weekends, boats requiring bridge
openings numbered: 42, 50, 59, 52, and 76 respectfully. In July, from
the first through the fourth weekends, including the July 4th holiday,
boats requiring bridge openings numbered: 101, 41, 29, and 66,
respectively. In August through September 3, 2018, from the first
through the fifth weekend, boats requiring bridge openings numbered:
53, 40, 40, 77, and 22 respectively. The vessels that utilize the
waterway are primarily recreational power boats, as well as sailboats
and occasional commercial vessels including tugs and barges.
    Recorded from the Monmouth County vehicle traffic counts transiting
east and west bound over the bridge from the first through the fifth
weekends, July through September 3, 2018 range from 11,000 to over
15,000 vehicle crossings.

IV. Discussion of Comments, Changes and the Final Rule

    One-hundred and ninety-three comments of the 241 comments received
supported the modified and expanded bridge operating schedule; the
majority of comments citing an improved difference in the vehicle
traffic congestion or no difference in marine navigation, and
recommended making the regulation permanent. Additionally, comments
stated that emergency vehicles (including Fire Department/EMS and Law
Enforcement) are better able to respond to emergency calls. Some
comments indicated that switching to hourly weekend openings between 9
a.m. and 7 p.m. (as opposed to openings on the hour and the half-hour)
would likely mitigate (if not eliminate entirely) the worst aspects of
recurrent traffic jams through reduced bridge openings.
    Thirty-one comments of the 241 comments received did not support
the proposed hourly weekend opening schedule. These comments suggested
that the modified bridge operation schedule either did not make a
difference in the level of vehicular traffic congestion and actually
created even more vehicular traffic or that hourly openings created
marine safety issues or were inconvenient for boaters. Some commenters
additionally note that

a backup in marine traffic could pose an environmental issue, due to
increased diesel exhaust in the area from boats idling awaiting the
bridge opening. In addition, some commenters stated bridge tenders tend
to leave bridge open too long. While this may be the case, the Coast
Guard believes on-site bridge tenders have a clear view of the waterway
and are the best persons to determine safe situations for vessel
transits.
    Some commenters suggested instead of changing the bridge opening
schedule that unnecessary bridge openings could be avoided by training
bridge tenders to demand antennas and outriggers be lowered. The Coast
Guard disagrees with this suggestion, as the regulations found in 33
CFR 117.11 discuss the unnecessary openings of drawbridge, including
vessels who have not lowered all appurantances that can be lowered. Any
complaints of non-compliance of these regulations shall be reported to
the Coast Guard.
    Other comments stated when the bridge is open every hour and half
hour, boat traffic moves through more quickly and road traffic is not
delayed as long as during the hourly openings. While the Coast Guard
agrees that boat traffic would be faster with the half hour openings
compared to hourly openings, = we disagree with the assertion that road
traffic is not effected. After review of the vessel and traffic counts
presented in Section III above and follow-up discussions with Monmouth
County engineers, the Coast Guard concluded that there is an
improvement to land traffic with little effect to marine traffic.
Lastly, some commenters stated the test deviation created more
hazardous conditions, including increased congestion on the water and a
higher risk for accidents due to inexperienced boaters, currents, and
difficulty maneuvering. While the Coast Guard agrees the waterway is
narrow and challenging to maneuver during tidal cycles, mariners should
be knowledgeable of the waterway ``Rules of the Road'' and be able to
plan their voyages accordingly under this modified regulation to enable
safe transits through the bridge. In response to the additional
comments summarized that a new, higher bridge should be built, Monmouth
County is in the pre-application phase of concept development for a new
bridge and the public will have an opportunity to comment.
    Some comments expressed either no clear preference or alternate
suggestions to the proposed rule change. The suggested alternatives
offered by commenters included: 1. Curtailing the bridge openings on
the weekends further to every two hours or not at all; 2. Opening the
bridge every 45 minutes within the specific hour window in the proposed
rule; 3. Shrinking the hourly opening window to between 11:00 and 4:00
p.m. The agency considered all options presented by commenters. As
stated, the agency feels that the proposed rule strikes the correct
balance between relieving traffic congestion issues and boater safety,
and declines to adopt the proposed suggestions.
    It is the Coast Guard's opinion that this rule meets the reasonable
needs of marine navigation with a positive effect on vehicular and
pedestrian traffic. The rule allows for more efficient and economical
operation of the bridge. Further, the new schedule balances the
seasonally high volume of roadway traffic crossing the bridge during
peak hours, with the existing needs of marine traffic.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    The Coast Guard believes this rule is not a significant regulatory
action. The bridge will open on the hour from 9 a.m. to 7 p.m., during
Friday, Saturday, Sunday, and holidays, throughout the summertime
boating season, while still opening on signal during evening hours as
well as through the autumn, winter and spring months. The minimum 15
foot vertical clearance available while the bridge is in the closed
position is sufficient to allow a significant number of recreational
vessels to safely and expeditiously pass through the draw without
opening.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section V.A. above, this final rule would not have a
significant economic impact on any vessel owner or operator. Under
section 213(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121), we want to assist small entities in
understanding this rule. If the rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT, above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that
Order and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. The
Coast Guard received no comments on this section. If you believe this
rule has implications for federalism or Indian tribes, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. The Coast Guard received no comments on this section.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under Figure 2-1, paragraph (32)(e), of the
Instruction.
    A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. In Sec.  117.755, paragraph (a) is revised to read as follows:

Sec.  117.755  Shrewsbury River.

* * * * *
    (a) The draw shall open on signal at all times; except that, from
the Friday before Memorial Day through Labor Day, on Friday, Saturday,
Sunday and holidays, between 9 a.m. and 7.pm., the draw need only open
on the hour.
* * * * *

    Dated: June 17, 2019.
R.W. Warren,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2019-14496 Filed 7-8-19; 8:45 am]
BILLING CODE 9110-04-P