[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Rules and Regulations]
[Pages 75399-75403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24259]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2005-IA-0006; FRL-8010-9]


Approval and Promulgation of Implementation Plans and Operating 
Permits Program; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision 
submitted by the state of Iowa. This revision includes the general 
rulemaking that Iowa completes for the purpose of updating and 
clarifying various rules, and making other minor revisions as generally 
described in this document. EPA is also proposing approval of revisions 
to the Iowa Operating Permits Program for the purpose of updating and 
clarifying various rules included in the general rulemaking. These 
revisions add new definitions, as well as an administrative correction 
to a previously submitted rule. Approval of these revisions will ensure 
consistency between the state and Federally-approved rules, and ensure 
Federal enforceability of the State's revised air program rules.

DATES: This direct final rule will be effective February 21, 2006, 
without further notice, unless EPA receives adverse comment by January 
19, 2006. If adverse comment is received, EPA 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-2005-IA-0006, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: Heather Hamilton at [email protected].
    3. Mail: Heather Hamilton, Environmental Protection Agency, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Heather 
Hamilton, Environmental Protection Agency, Air Planning and Development 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2005-IA-0006. EPA's policy is that all comments received will be 
included in

[[Page 75400]]

the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through 
www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Air Planning and Development Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. The Regional Office's official hours of 
business are Monday through Friday, 8 to 4:30 excluding Federal 
holidays. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton at (913) 551-7039, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

    What Is a SIP?
    What Is the Federal Approval Process for a SIP?
    What Does Federal Approval of a State Regulation Mean to Me?
    What Is the Part 70 Operating Permits Program?
    What Is the Federal Approval Process for an Operating Permits 
Program?
    What Is Being Addressed in This Document?
    Have the Requirements for Approval of a SIP and a Part 70 
Revision Been Met?
    What Action is EPA Taking?

What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
us for approval and incorporation into the Federally-enforceable SIP.
    Each Federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

What Is the Federal Approval Process for a SIP?

    In order for state regulations to be incorporated into the 
Federally-enforceable SIP, states must formally adopt the regulations 
and control strategies consistent with state and Federal requirements. 
This process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a state-authorized rulemaking 
body.
    Once a state rule, regulation, or control strategy is adopted, the 
state submits it to us for inclusion into the SIP. We must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the state submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
us.
    All state regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that we 
have approved a given state regulation with a specific effective date.

What Does Federal Approval of a State Regulation Mean to Me?

    Enforcement of the state regulation before and after it is 
incorporated into the Federally-approved SIP is primarily a state 
responsibility. However, after the regulation is Federally approved, we 
are authorized to take enforcement action against violators. Citizens 
are also offered legal recourse to address violations as described in 
section 304 of the CAA.

What Is the Part 70 Operating Permits Program?

    The CAA Amendments of 1990 require all states to develop operating 
permits programs that meet certain Federal criteria. In implementing 
this program, the states are to require certain sources of air 
pollution to obtain permits that contain all applicable requirements 
under the CAA. One purpose of the part 70 operating permits program is 
to improve enforcement by issuing each source a single permit that 
consolidates all of the applicable CAA requirements into a Federally-
enforceable document. By consolidating all of the applicable 
requirements for a facility into one document, the source, the public, 
and the permitting authorities can more easily determine what CAA 
requirements apply and how compliance with those requirements is 
determined.
    Sources required to obtain an operating permit under this program 
include ``major'' sources of air pollution and certain other sources 
specified in the CAA or in our implementing regulations. For example, 
all sources regulated under the acid rain program, regardless of size, 
must obtain permits. Examples of major sources include those that emit 
100 tons per year or more of volatile organic compounds, carbon 
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10; 
those that emit 10 tons per year of any single hazardous air pollutant 
(HAP) (specifically listed under the CAA); or those that emit 25 tons 
per year or more of a combination of HAPs.
    Revision to the state and local agencies operating permits program 
are

[[Page 75401]]

also subject to public notice, comment, and our approval.

What Is the Federal Approval Process for an Operating Permits Program?

    In order for state regulations to be included in the Federally-
enforceable Title V operating permits program, states must formally 
adopt regulations consistent with state and Federal requirements. This 
process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a state-authorized rulemaking 
body.
    Once a state rule, regulation, or control strategy is adopted, the 
state submits it to us for inclusion into the approved operating 
permits program. We must provide public notice and seek additional 
public comment regarding the proposed Federal action on the state 
submission. If adverse comments are received, they must be addressed 
prior to any final Federal action by us.
    All state regulations and supporting information approved by EPA 
under section 502 of the CAA, including revisions to the state program, 
are included in the Federally-approved operating permits program. 
Records of such actions are maintained in the CFR at Title 40, part 70, 
appendix A, entitled ``Approval Status of State and Local Operating 
Permits Programs.''

What Is Being Addressed in This Document?

    EPA is approving the State Implementation Plan (SIP) revisions 
submitted by the state of Iowa which include numerous minor revisions 
to various rules. The revisions consist of updating references to 
Federal rules, clarifying emissions reduction language to permits, 
providing notification of ownership for construction permits, adding 
definitions, amending variance language, and making minor revisions to 
the Compliance Sampling Manual. EPA is also approving a new rule into 
the SIP and Operating Permits Program at 567-22.209 to set forth 
information with regard to change of ownership for facilities with 
voluntary operating permits. EPA is approving revisions to the Iowa 
Operating Permits Program to update CFR references, and to update 
information with regard to submitting Title V permit applications.
    Revisions to update the CFR references were made to Iowa 
Administrative Code (IAC) 567-22.1(1) ``b'' New or reconstructed major 
sources of hazardous air pollutants, and, 567-20.2 definition of 
``Volatile Organic Compound.''
    Requirements with regard to control equipment which reduces or 
eliminates all emissions to the atmosphere (567-22.1(2) ``g'') have 
been changed to state that a permit must be obtained requiring emission 
reductions before a source may take credit for the reductions. This 
revision further states that if a construction permit has been 
previously issued, all other conditions of the permit remain in effect.
    The Compliance Sampling Manual is being revised to update 
procedures and to clarify and correct some of the existing language in 
the manual. References to the CFR within the Compliance Sampling Manual 
have also been updated with this change.
    A revision to IAC 567-20.2, as it relates to open burning of 
untreated wood, adds a new definition of ``untreated.'' The definition 
relates to a rule that limits citizens from burning matter that is 
treated and adversely affects the environment. The definition does not 
relax the stringency of open burning restrictions, but helps to limit 
emissions of pollutants which may adversely affect air quality.
    Additional definitions added at IAC 567-20.2 are as follows: 
``biodiesel fuel,'' ``diesel fuel,'' ``number 1 fuel oil,'' and 
``number 2 fuel oil.'' Included in the definitions are references to 
the American Society for Testing and Material Specifications and 
information with regard to the Environmental Protection Agency 
registration.
    An amendment was made to the variance language as it relates to 
construction permits in IAC 567-21.2(3) ``a.'' This provision 
authorizes variances from state regulatory requirements for the limited 
purpose of testing alternative fuels. It does not allow variances from 
permitting requirements for sources subject to major source permitting 
requirements. The revision clearly states that the Iowa Department of 
Natural Resources (IDNR) may not grant variances for projects subject 
to certain Federal requirements. Although we believe that this limited 
variance provision for minor sources is acceptable, we note that 
variances from SIP requirements and minor source permit limits issued 
under SIPs are not recognized by EPA and do not change the underlying 
requirements unless approved by EPA as revisions to the SIP.
    An amendment to 567-22.1(3) ``b'' revises references to the Iowa 
Code (542B.1, and 542B.26) that provides requirements for professional 
licensed engineers and corporation employees submitting construction 
permit applications to IDNR.
    Clarification has been made to IAC 567-22.3(8) (Ownership change of 
permitted equipment) to include the accurate mailing address of the Air 
Quality Bureau, Iowa Department of Natural Resources.
    The state of Iowa requested a revision to the Title V Operating 
Permits Program approved for state rule revisions updating CFR 
references to the definitions located at 567-22.100 as follows: EPA 
reference method, existing hazardous air pollutant sources, and 
hazardous air pollutant. Revisions to update CFR references were also 
made at 567-22.101(2) Title V deferred stationary sources, and 567-
22.108(17) ``a''(2), reopening of Title V permits.
    A revision to 567-22.105(1), Duty to apply, was made to reduce the 
number of copies of Title V permit applications from four to three and 
to clarify where the applications should be sent.
    The state submission also includes an updated incorporation by 
reference of EPA's Acid Rain regulations. The state rules, which were 
effective on July 13, 2005, are not a part of the SIP or the Operating 
Permits Program; and, therefore, we are not acting on this revision to 
the Acid Rain regulations.
    On May 2, 2005, a rule was published to add a comma to IAC 567-
22.3(3), Conditions of Approval. A comma was inserted between fuel 
specifications and compliance testing to differentiate between the two 
conditions. This was erroneously published as a Title V revision and is 
being corrected with this revision.

Have the Requirements for Approval of a SIP Revision and Title V 
Program Revision Been Met?

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the technical 
support document which is part of this document, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations. This revision is also consistent with 
applicable EPA requirements in Title V of the Clean Air Act and 40 CFR 
part 70.

What Action Is EPA Taking?

    This revision includes rules processed as ``general rulemaking'' 
that Iowa completes for the purpose of updating and clarifying various 
rules, and making other minor revisions as generally described in this 
document. Revisions to the Iowa Operating Permits Program for the 
purpose of updating and clarifying various rules are also included in 
this rulemaking. This revision adds new definitions, and a new rule 
that applies to change of

[[Page 75402]]

ownership for facilities with voluntary operating permits. One 
administrative correction is being made to a previously submitted rule. 
EPA is revising the Iowa SIP and Title V operating permit programs by 
approving the state rule revisions.
    We are processing this revision to the Iowa State Implementation 
Plan and Iowa Operating Permits as a direct final action because these 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments. 
Please note that if EPA receives adverse comment on part of this rule 
and if that part can be severed from the remainder of the rule, EPA may 
adopt as final those parts of the rule that are not the subject of an 
adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
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, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing state submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 21, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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

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.

40 CFR Part 70

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Operating permits, Reporting and 
recordkeeping requirements.

    Dated: December 12, 2005.
James B. Gulliford,
Regional Administrator, Region 7.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

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

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

Subpart Q--Iowa

0
2. In Sec.  52.820 the table in paragraph (c) is amended by revising 
the entries for 567-20.2, 567-21.2, 567-22.1, 567-22.3, 567-22.300, and 
567-25.1 and by adding an entry in numerical order for 567-22.209 to 
read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

[[Page 75403]]



                                                             EPA--Approved Iowa Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        State
            Iowa citation                          Title              effective               EPA approval date                      Explanation
                                                                         date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Iowa Department of Natural Resources Environmental Protection Commission [567]
 
                                                                     * * * * * * *
                                           Chapter 20--Scope of Title--Definitions--Forms--Rules of Practice
 
                                                                      * * * * * * *
567-20.2.............................  Definitions.................      9/21/05  12/20/05 [insert FR page number where     The definitions for
                                                                                   the document begins]                      anaerobic lagoon, odor,
                                                                                                                             odorous substance, and
                                                                                                                             odorous substance source
                                                                                                                             are not SIP approved.
 
                                                                    * * * * * * * ,
                                                                 Chapter 21--Compliance
 
                                                                      * * * * * * *
567-21.2.............................  Variances...................      7/13/05  12/20/05 [insert FR page number where
                                                                                   the document begins]
 
                                                                     * * * * * * *
                                                           Chapter 22--Controlling Pollution
567-22.1.............................  Permits Required for New or       7/13/05  12/20/05 [insert FR page number where     Subrules 22.1(2) and 22.1(2)
                                        Existing Stationary Sources.               the document begins]                      ``i'' have a state
                                                                                                                             effective date of 5/23/01.
 
                                                                      * * * * * * *
567-22.3.............................  Issuing Permits.............      7/13/05  12/20/05 [insert FR page number where     Subrule 22.3(6) is not SIP
                                                                                   the document begins]                      approved.
 
                                                                      * * * * * * *
567-22.209...........................  Change of Ownership for           7/13/05  12/20/05 [insert FR page number where
                                        Facilities with Voluntary                  the document begins]
                                        Operating Permits.
567-22.300...........................  Operating Permit by Rule for      7/13/05  12/20/05 [insert FR page number where     Subrule 22.300(7) ``c'' has
                                        Small Sources.                             the document begins]                      a state effective date of
                                                                                                                             10/14/98.
 
                                                                     * * * * * * *
                                                          Chapter 25--Measurement of Emissions
567-25.1.............................  Testing and Sampling of New       7/13/05  12/20/05 [insert FR page number where
                                        and Existing Equipment.                    the document begins]
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--[AMENDED]

0
1. The authority citation for part 70 continues to read as follows:

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

Appendix A to Part 70--[Amended]

0
2. Appendix A to part 70 is amended by revising paragraph (h) under 
``Iowa'' to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Iowa

* * * * *
    (h) The Iowa Department of Natural Resources submitted for program 
approval rules 567-22.100, 567-22.101(2), 567-22.102, 567-22.105(1), 
567-22.108(17)``a''(2), 567-22.209 and 567-22.300(12) on July 18, 2005. 
The state effective date was July 13, 2005. These revisions to the Iowa 
program are approved effective February 21, 2006.
* * * * *

[FR Doc. 05-24259 Filed 12-19-05; 8:45 am]
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