[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Rules and Regulations]
[Pages 38745-38748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16235]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2010-0156; FRL-9170-6]


Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the Iowa State 
Implementation Plan (SIP). The purpose of this revision is to update 
the Polk County Board of Health Rules and Regulations, Chapter V, Air 
Pollution. These revisions reflect updates to the Iowa statewide rules 
previously approved by EPA and will ensure consistency between the 
applicable local agency rules and Federally-approved rules. This 
rulemaking also ensures Federal enforceability of the applicable parts 
of the local agency's ``Air Pollution'' rules.

DATES: This direct final rule will be effective September 7, 2010, 
without further notice, unless EPA receives adverse comment by August 
5, 2010. 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-2010-0156, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail or Hand Delivery: Tracey Casburn, 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-
2010-0156. EPA's policy is that all comments received will be included 
in 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 http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://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 http://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 
http://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: Tracey Casburn at (913) 551-7016, or 
by e-mail at [email protected].

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

I. What is being addressed in this document?
II. What revisions is EPA approving?
III. What action is EPA taking?
IV. What action is EPA not taking?
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The State requested EPA approval of the 2009 revisions to the local 
agency's Rules and Regulations, Chapter V, ``Air Pollution,'' as a 
revision to the SIP. In order for the local program's ``Air Pollution'' 
rules to be incorporated into the Federally-enforceable SIP, on behalf 
of the local agency, the State must submit the formally adopted 
regulations and control strategies, which are consistent with State and 
Federal requirements, to EPA for inclusion in the SIP. The regulation 
adoption process generally includes public notice of a public comment 
period and a public hearing, and formal adoption of the rule by the 
State authorized rulemaking body. In this case that rulemaking body is 
the local agency. After the local agency formally adopts the rule, the 
local agency submits the rulemaking to the State, and then the State 
submits the rulemaking to EPA for consideration for formal action 
(inclusion of the rulemaking into the SIP). EPA must provide public 
notice and seek additional public comment regarding

[[Page 38746]]

the proposed Federal action on the State's submission.
    EPA received the request from the State to adopt the 2009 local air 
agency rule revisions into the SIP on September 14, 2009. The revisions 
were adopted by the local agency on July 28, 2009, and were effective 
August 6, 2009. EPA is approving the requested revisions to the Iowa 
SIP. The State's request specifically excluded Article VI, subsections 
5-16 (n), (o), (p), and Article VIII from consideration by EPA.

II. What revisions is EPA approving?

    EPA is approving the 2009 revisions to the Polk County Board of 
Health Rules and Regulations, Chapter V, ``Air Pollution.'' The local 
agency routinely revises its ``Air Pollution'' regulations to be 
consistent with the Federally-approved Iowa Administrative Code. The 
local agency's ``Air Pollution'' rules were revised as follows:
    Article I, section 5-1 was revised to include cross references to 
approved State rules. Section 5-2 of the same Article was revised to 
include amended definitions of ``Allowable emissions,'' ``EPA reference 
method,'' ``Disaster,'' ``Mobile Internal Combustion Engine,'' and 
``Volatile Organic Compounds'' (VOCs). These revisions are consistent 
with State and Federal regulations.
    Article II, section 5-4 was revised to include a cross reference to 
the existing State rule, 567 IAC 23.1(2) which outlines New Source 
Performance Standard data reporting requirements and responsibilities. 
This revision is consistent with State and Federal regulations.
    Article III, section 5-7 was amended to include revisions to ``Open 
Burning'' regulations. The revisions include the addition of a cross 
reference to the existing State rules in 567 IAC Chapter 23 explaining 
that the burning of any structure or demolished structure shall be in 
accordance with 40 CFR 61.145, the National Emission Standards for 
Hazardous Air Pollutants (NESHAPs) ``Standard for Demolition and 
Renovation'' for asbestos control. This revision is consistent with 
State and Federal regulations.
    Article IV, section 5-10 was revised to include a cross reference 
to the existing State rule at 567 IAC 29.1, the Federal method for 
visual determination of opacity of emissions. This revision is 
consistent with State and Federal regulations.
    Article VII, subsections 5-18 (a)(3), 5-18(b)(5)(i) and 5-18(b)(7) 
are revised to include cross references to existing State rules in 567 
IAC Chapter 25. A revision to 5-18(b)(7) also includes the adoption 
date of the most recent Federally promulgated Acid Rain continuous 
emissions monitoring requirements. These revisions are consistent with 
State and Federal regulations.
    Article IX, subsections 5-23(1), 5-23(2), and 5-23(3) were revised 
to include methods for the containment and control of fugitive dust, 
and subsections 5-23(7) and 5-23(8) were added to include methods for 
the containment and control of fugitive dust. Changes to Section 5-25 
clarify that no person shall cause, allow, or permit fugitive dust 
material to become airborne in such quantities and concentrations that 
it remains visible in the ambient air, or is deposited beyond the lot 
line of the property on which it originates. These revisions are 
consistent with State regulations and Federal requirements. The local 
agency also added language to subsection 5-26(1) which explains 
activities that are considered by the local agency as ``ordinary 
travel'', which is exempted from the fugitive dust restrictions. This 
is a clarification of the exemption and does not affect the stringency 
of the restriction.
    Article X, section 5-33, and subsections 5-33(9) and 5-39(a)(4) 
were revised to include cross references to approved State and Federal 
regulations. Subsections 5-33(17) and 5-39(a)(11) were revised to 
include a construction and operating permit exemption threshold for 
retail gasoline and diesel fuel handling facilities. The local agency 
revised the exemption to include only those facilities with a 
throughput of less than 10,000 gallons per month (based on thirty-day 
rolling average usage records). The local agency retained the right to 
review project plans to substantiate the permit exemption to determine 
that individual sources qualify for the exemption and would not 
adversely impact air quality. The local agency made this revision as it 
is more stringent than the existing SIP-approved exemption and is 
aligned with 40 CFR part 63 subpart CCCCCC. The Iowa Administrative 
Code currently does not provide for exemptions for retail gasoline 
stations of any size so that all sources in the source category in Polk 
County remain subject to the state permitting rule. In any event, the 
revision addressed in this rulemaking in the county rule makes the 
exemption more stringent, and is therefore approvable.
    Also in Article X, subsections 5-33(55) and 5-39(a)(48) were 
revised to add a construction and operating permit exemption for cold 
solvent cleaning machines that are not in-line cleaning machines. 
Subsections 5-33(56) and 5-39(a)(49) were revised to add a construction 
and operating permit exemption for emissions from mobile agricultural 
and construction internal combustion engines that are operated only for 
repair or maintenance purposes at equipment repair shops or equipment 
dealerships. Subsection 5-35(d) was revised to reduce the amount of 
time the owner or operator has to notify the local program prior to the 
movement of portable equipment for which an operating permit has been 
issued. The notification time was reduced from 30 to 14 days. 
Subsections 5-36(1)(a) and 5-36(1)(a)(1) were revised to clarify what 
the owner or operators' responsibilities are when applying for a 
conditional operating permit. These revisions are consistent with SIP-
approved State regulations.
    Section 5-49 was added to Article X to allow for electric utilities 
in Polk County to operate generators at a utility substation, with a 
total combined capacity not to exceed 2 megawatts in capacity, for a 
period of not longer than 10 days and only for the purpose of providing 
electricity generation in the event of a sudden and unforeseen disaster 
that has disabled standard transmission of electricity to the public. 
EPA previously approved this allowance in a statewide rule after EPA 
determined that this allowance would result in insignificant emissions 
increases. We believe the Polk County revision is also approvable.

III. What action is EPA taking?

    EPA is approving these revisions to the Polk County Board of Health 
Rules and Regulations, Chapter V, Air Pollution. These changes are 
consistent with the Federally-approved Iowa SIP.
    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. The 
revisions meet the substantive SIP requirements of the Clean Air Act 
(CAA), including section 110 and implementing regulations.
    EPA is processing this action as a direct final action because the 
revisions make 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.

[[Page 38747]]

IV. What action is EPA not taking?

    The State requested that EPA take action to approve the local 
agency's revisions to Article XVI section 5-75. Section 5-75 outlines 
the local agency's enforcement of criminal and civil penalties. As EPA 
does not rely on the local agency's authority, but relies on its own 
authority, to implement and enforce the requirements of the CAA, EPA is 
not taking action on the requested revisions to Article XVI section 5-
75.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 7, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 18, 2010.
Karl Brooks,
Regional Administrator, Region 7.

0
40 CFR part 52 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 entry for ``Chapter V'' under the heading ``Polk County'' to read 
as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                         EPA--Approved Iowa Regulations
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                                                             State
          Iowa citation                   Title         effective date   EPA approval date       Explanation
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                 Iowa Department of Natural Resources, Environmental Protection Commission [567]
 
 

[[Page 38748]]

 
                                                  * * * * * * *
                                                   Polk County
 
CHAPTER V........................  Polk County Board          08/06/09  07/06/10 [insert FR  Article I, Section
                                    of Health Rules                      page number where    5-2, definition of
                                    and Regulations                      the document         ``variance'';
                                    Air Pollution                        begins].             Article VI,
                                    Chapter V.                                                Sections 5-16(n),
                                                                                              (o) and (p);
                                                                                              Article VIII;
                                                                                              Article IX,
                                                                                              Sections 5-27(3)
                                                                                              and (4); Article
                                                                                              X, Section 5-28,
                                                                                              subsections (a)
                                                                                              through (c);
                                                                                              Article XIII and
                                                                                              Article XVI,
                                                                                              Section 5-75 are
                                                                                              not a part of the
                                                                                              SIP.
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[FR Doc. 2010-16235 Filed 7-2-10; 8:45 am]
BILLING CODE 6560-50-P