[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Rules and Regulations]
[Pages 2787-2789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2013-0483; FRL-9905- 9905-21-Region 7]


Approval and Promulgation of Implementation Plans and Title V 
Operating Permit Program; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plan (SIP) for the state of Iowa. 
These revisions amend the Iowa air quality rules to eliminate state-
only emissions testing procedures and adopt Federal methods; to reduce 
notification time for portable plant relocations, and allow electronic 
submittals of notifications; to update air quality definitions to be 
consistent with federal definitions, and to place into rule the 
specific procedures for conducting emissions testing.
    EPA is also approving revisions to the Iowa Title V Operating 
Permits Program to revise the definition of ``EPA Reference Method,'' 
and to adopt by reference the revised Title V Periodic Monitoring 
Guidance.

DATES: This direct final rule will be effective March 17, 2014, without 
further notice, unless EPA receives adverse comment by February 18, 
2014, 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-2013-0483, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Amy Algoe-Eakin, 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-
2013-0483. 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 to 4:30 
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: Amy Algoe-Eakin, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7942, 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:

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 Iowa Department of Natural Resources (IDNR) is requesting EPA 
action on including revisions to the Iowa State Implementation Plan 
(SIP) and the Iowa Title V Program. IDNR has requested the SIP be 
amended to include revisions made to Chapter 20 ``Scope of Title- 
Definitions- Forms- Rules of Practice,'' Chapter 22, ``Controlling 
Pollution,'' and Chapter 25 ``Measurement of Emissions'' in the Iowa 
Administrative Code. The purpose of the rules is to provide consistency 
between the state and Federal regulations.

II. Have the requirements for approval of a SIP and Title V 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 and 
the Title V Operating program.

III. What action is EPA taking?

    EPA is taking direct final action to approve SIP revisions to amend 
the Iowa air quality rules, to eliminate state-only emissions testing 
procedures and adopt Federal methods; to reduce notification time for 
portable plant relocations, and allow electronic submittals of 
notifications; to update air quality definitions to be consistent with 
federal definitions, and to place into rule the specific procedures for 
conducting emissions testing.
    EPA is also taking direct final action to approve the Iowa Title V 
Operating Permits Program to revise the definition of ``EPA Reference 
Method,'' and to adopt by reference the revised Title V Periodic 
Monitoring Guidance. EPA received the request from the State to adopt 
revisions to the local air agency rules into the SIP on November 26, 
2012. The revisions were adopted by the Iowa Environmental Protection 
Commission on August 21, 2012, and became effective on October 24, 
2012.
    EPA is taking direct final action to approve the following: (1) 
Amending the definitions to rule 567-20.2(455B) include revisions to 
the definitions of ``EPA reference method'', particulate

[[Page 2788]]

matter'', ``standard condition'', and ``total suspended particulate'' 
to match Federal regulations; (2) amending the definitions to rule 567-
20.2(455B) to include the adoption of the definition of 
PM2.5. This definition is consistent with Federal 
regulations (see 40 CFR Part 51, Subparts A and Z and Appendix M, and 
40 CFR Part 58, Subpart A; (3) amending definitions to rule 567-22.3(3) 
``f'' which contain the provisions for portable plant relocations; (4) 
amending rule 567-22.100(455B) to revise the definition of ``EPA 
reference method'' for the Title V Operating Permit Program. The 
changes to this definition are identical to the revisions for the 
definition of ``EPA reference method'' in the SIP; (5) amending subrule 
22.108(3) to adopt by reference a revised definition of the Title V 
``Periodic Monitoring Guidance;'' and (6) amending subrule 25.1(9) to 
revise the methods and procedures to evaluate compliance with emission 
limitations or permit conditions. It also rescinds the Compliance 
Sampling Manual which is no longer necessary due to changes in Federal 
test methods.

III. What action is EPA taking?

    We are publishing this direct final 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.
    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 under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). 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). Thus Executive Order 13132 does not apply 
to this action. 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 approves a state rule implementing a 
Federal standard.
    In reviewing SIP 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 action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5 
CFR 1320.3(b).
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 17, 2014. 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. 
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 final rulemaking. 
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

[[Page 2789]]

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 23, 2013.
Karl Brooks,
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. Section 52.820(c) is amended by revising entries for Chapter 20, 
567-20.2; Chapter 22, 567-22.3; and Chapter 25, 567-25.1 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
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
567-20.2.......................  Definitions.........        10/24/12  01/16/14 [insert      The definitions for
                                                                        Federal Register      aerobic lagoon,
                                                                        page number where     odor, odorous
                                                                        the document          substance, odorous
                                                                        begins].              substance and
                                                                                              greenhouse gas,
                                                                                              are not SIP
                                                                                              approved.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
567-22.3.......................  Issuing Permits.....        10/24/12  01/16/14 [insert
                                                                        Federal Register
                                                                        page number where
                                                                        the document
                                                                        begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1.......................  Testing and Sampling        10/24/12  01/16/14 [insert
                                  of New and Existing                   Federal Register
                                  Equipment.                            page number where
                                                                        the document
                                                                        begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for Part 70 continues to read as follows:

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


0
4. Appendix A to Part 70 is amended by adding paragraph (o) under 
``Iowa'' to read as follows:

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

* * * * *

Iowa

* * * * *
    (o) The Iowa Department of Natural Resources submitted for 
program approval revisions to 567-22.100(455B) to adopt by reference 
the definition of ``EPA reference method''. Also adopted by 
reference is the revised version of the Title V ``Periodic 
Monitoring Guidance'' at 567-22.108. These revisions to the Iowa 
program are approved effective March 17, 2014.
* * * * *
[FR Doc. 2014-00656 Filed 1-15-14; 8:45 am]
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