[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Rules and Regulations]
[Pages 52857-52860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20750]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2013-0446; FRL-9900-39-Region 7]


Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the State Implementation Plan 
(SIP) for the state of Iowa. The purpose of these revisions is to 
update the Polk County Board of Health Rules and Regulations, Chapter 
V, Air Pollution. The 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.

DATES: This direct final rule will be effective October 28, 2013 
without further notice, unless EPA receives adverse comment by 
September 26, 2013. If EPA receives adverse comment, we will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2013-0446, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.

[[Page 52858]]

    2. Email: [email protected].
    3. Mail or Hand Delivery: Michael Jay, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2013-0446. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 
email 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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 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, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 a.m. to 4:30 
p.m. excluding legal 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: Michael Jay, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at (913) 551-7460, or by email 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. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    The State of Iowa has requested EPA approval of 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 
the State and Federal requirements, to EPA for inclusion in the SIP. 
The regulation adoption process generally includes public notice, 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 the 
proposed Federal action on the State's submission.
    EPA received the request from the State to adopt revisions to the 
local air agency rules into the SIP on September 23, 2011. The 
revisions were adopted by the local agency on July 26, 2011, and became 
effective on August 3, 2011. EPA is approving the requested revisions 
to the Iowa SIP relating to the following:
     Article I. In General, Section 5-1. Purpose and Ambient 
Air Quality Standards;
     Article I. In General, Section 5-2. Definitions;
     Article III. Incinerator and Open Burning, Section 5-7. 
Open Burning Prohibited;
     Article X. Permits, Division I. Construction Permits, 
Section 5-33. Exemptions From Permit Requirements;
     Article X. Permits, Division I. Construction Permits, 
Section 5-35. Operating Permit Required.
    EPA's action does not cover revisions to:
     Article VI. Emission of Air Contaminants From Industrial 
Process, Section 5-17. Excess Emissions;
     Article VI, Sections 5-16 (n), (o), and (p) which pertain 
to New Source Performance Standards (NSPS);
     Article VIII, which pertain to National Emission Standards 
Hazardous Air Pollutants (NESHAPS).

II. Have the requirements for approval of a SIP 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.

III. What action is EPA taking?

    We are taking direct final action to approve the amendments 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 are 
consistent with State and Federal regulations and were revised as 
follows:
    Article I, Section 5-1(b) was revised to cite the cross-reference 
to the approved State rules at (455B). Section 5-1(c) revised the 
amendment dates for each chapter of the Federally-approved State rules. 
Section 5-2 added the definitions for Greenhouse gases, Regulated NSR 
pollutant, Subject to regulation, and revised the definition of major 
stationary source.
    Article III, Section 5-7, addresses open burning regulations and a 
section was added that states these rules do not apply to outdoor patio 
heaters burning natural gas, propane, or alcohol. This section further 
states that such heaters shall not be used for burning refuse, rubbish 
or garbage.
    A revision was made to Article X, Division 1, Construction Permits, 
Section 5-33(6) that refers to incinerators and pyrolysis cleaning 
furnaces with a manufacturer's design capacity less than 25 pounds per 
hour. The sentence that refers to single family dwelling's compliance 
with Section 5-16 was removed. An addition to the pyrolysis cleaning 
furnace exemption added electric-use furnaces. Under this same article, 
bathroom vent emissions,

[[Page 52859]]

including toilet vent emissions was added to the list of exemptions.
    Article X, Division 2, Operating Permits, Section 5-35, (b)(1) and 
(b)(2) added the phrase ``subject to regulation'' to differentiate from 
pollutants that are not regulated. Under this same article and section, 
a paragraph was added to address greenhouse gas emissions at a 
stationary source that emits or has the potential to emit less than 
100,000 tons per year of carbon dioxide equivalent emissions. Under 
this same article, bathroom vent emissions, including toilet vent 
emissions was added to the list of exemptions.
    We are publishing this rule without a prior proposed rule because 
we view this as a noncontroversial amendment and anticipate no adverse 
comment because the revisions are largely administrative and consistent 
with Federal regulations. However, in the ``Proposed Rules'' section of 
today's Federal Register, we are publishing a separate document that 
will serve as the proposed rule to approve the SIP revision if adverse 
comments are received on this direct final rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

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 October 28, 2013. 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: August 1, 2013.
Mark Hague,
Acting Regional Administrator, Region 7.
    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 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) * * *

[[Page 52860]]



                                          EPA-Approved Iowa Regulations
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                                                          State
          Iowa citation                  Title          effective    EPA approval date         Explanation
                                                           date
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                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                                  * * * * * * *
                                                   Polk County
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CHAPTER V.......................  Polk County Board       08/03/11  08/27/13 [insert     Article I, Section 5-2,
                                   of Health Rules                   Federal Register     definition of
                                   and Regulations                   page number where    ``variance''; Article
                                   Air Pollution                     the document         VI, Sections 5-16(n),
                                   Chapter V.                        begins].             (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
                                                                                          part of the SIP.
                                                                                         Article VI, Section 5-
                                                                                          17, adopted by Polk
                                                                                          County on 7/26/2011,
                                                                                          is not part of the
                                                                                          SIP, and the
                                                                                          previously approved
                                                                                          version of Article VI,
                                                                                          Section 5-17 remains
                                                                                          part of the SIP.
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[FR Doc. 2013-20750 Filed 8-26-13; 8:45 am]
BILLING CODE 6560-50-P