[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Rules and Regulations]
[Pages 14402-14404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05512]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0118; FRL-9907-77-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: Environmental Protection Agency (EPA) is approving revisions 
to the State Implementation Plan (SIP) for the State of Iowa. These 
revisions will amend the SIP to include revisions to Iowa air quality 
rule, Chapter 33, ``Special Regulations and Construction Permit 
Requirements for Major Stationary Sources--Prevention of Significant 
Deterioration (PSD) of Air Quality.'' This rule amendment makes the 
state regulation consistent with the Federal regulation for the fine 
Particulate Matter (PM2.5) PSD program. This revision will 
amend source obligation provisions as they apply to recordkeeping and 
will provide a mechanism to allow industry to request rescission of a 
PSD permit, both of which match the Federal regulations. This action is 
also consistent with the state's request to not include, into the SIP, 
provisions relating to Significant Impact Levels (SILs) and Significant 
Monitoring Concentrations (SMCs). These provisions were vacated and 
remanded by the U.S. Court of Appeals for the District of Columbia on 
January 22, 2013.

DATES: This direct final rule will be effective May 13, 2014, without 
further notice, unless EPA receives adverse comment by April 14, 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-2014-0118, 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-
2014-0118. 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: 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?

    EPA is approving revisions into the SIP to include amendments to 
the Iowa air quality rules as they apply to Prevention of Significant 
Deterioration (PSD) of Air Quality.
    The rules are amended to correspond with the Federal regulation for 
implementation of the PM2.5 PSD program as identified in 40 
CFR 52.21.
    The following definitions are revised to match the Federal 
regulation: Baseline area; baseline date; enforceable permit condition; 
Federally enforceable; regulated New Source Review (NSR) pollutant, and 
significant.
    Revisions adopted by reference include ambient air increments that 
include thresholds for PM2.5, PSD exemptions to incorporate 
PM2.5, source impact analysis requirements to include 
PM2.5, and requirements for sources that impact Federal 
Class I areas to include PM2.5. Source obligation provisions 
are revised to match current Federal PSD regulations. This revision 
also clarifies the conditions whereby source owners and operators must 
keep records and the specific records that must be kept. For the 
purposes of record keeping, the Federal definition of ``reasonable 
possibility'' has been added. A rule has been added to establish 
provisions for rescinding a PSD permit and is commensurate with the 
Federal provisions.
    This action is also consistent with the state's request to not 
include the SIP provisions relating to Significant Impact Levels and 
Significant Monitoring Concentrations. On January 22, 2013, the U.S. 
Court of Appeals for the District of Columbia vacated and remanded the 
provisions at 40 CFR 51.166(k)(2) and

[[Page 14403]]

52.21(k)(2) concerning implementation of the PM2.5 SILs and 
vacated the provisions at 40 CFR 51.166(i)(5)(i)(c) and 
52.21(i)(5)(i)(c) (adding the PM2.5 SMC) that were 
promulgated as part of the October 20, 2010 rule, ``Prevention of 
Significant Deterioration (PSD) for Particulate Matter less than 2.5 
Micrometers (PM2.5)--Increments, Significant Impact Levels 
and Significant Monitoring Concentrations,'' 75 FR 64864.

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. The 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is approving the state's request to revise the SIP to include 
amendments to the Iowa air quality rules as they apply to PSD of Air 
Quality. The rule is amended to correspond with the final Federal 
regulation necessary for PM2.5 implementation for the PSD 
program. This revision also revises source obligation provisions as 
they apply to recordkeeping, and provides a mechanism to allow industry 
to request rescission of a PSD permit, both of which will match federal 
regulations. Per the state's July 23, 2013 request, EPA is not 
including provisions of the 2010 PM2.5 PSD--Increments, SILs 
and SMCs rule (75 FR 64865, October 20, 2010) relating to SILs and SMCs 
that were affected by the January 22, 2013 U.S. Court of Appeals 
decision into SIP.
    We are processing this action as a direct final action because the 
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 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 May 13, 2014. 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, Air quality, 
Prevention of significant deterioration, Incorporation by reference, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: February 28, 2014.
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 in the table, under Chapter 
33, the entry for 567-33.3 to read as follows:


52.820  Identification of plan.

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    (c) * * *

[[Page 14404]]



                                                              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]
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 Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of Significant Deterioration (PSD) of Air
                                                                         Quality
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                                                                      * * * * * * *
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567-33.3..........................  Special construction          9/12/12  3/14/14 [Insert FR page number where    Provisions of the 2010 PM2.5 PSD--
                                     permit requirement                     the document begins].                   Increments, SILs and SMCs rule (75
                                     for major stationary                                                           FR 64865, October 20, 2010) relating
                                     sources in areas                                                               to SILs and SMCs that were affected
                                     designated                                                                     by the January 22, 2013 U.S. Court
                                     attainment or                                                                  of Appeals decision are not SIP
                                     unclassified (PSD).                                                            approved.
                                                                                                                   In addition, we have not approved
                                                                                                                    Iowa's rule incorporating EPA's 2007
                                                                                                                    revision of the definition of
                                                                                                                    ``chemical processing plants'' (the
                                                                                                                    ``Ethanol Rule,'' 72 FR 24060 (May
                                                                                                                    1, 2007) or EPA's 2008 ``fugitive
                                                                                                                    emissions rule,'' 73 FR 77882
                                                                                                                    (December 19, 2008).
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[FR Doc. 2014-05512 Filed 3-13-14; 8:45 am]
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