[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Rules and Regulations]
[Pages 27490-27493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10968]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2014-0164; FRL-9910-69-Region 7]


Approval and Promulgation of Implementation Plans; State of Iowa; 
Ambient Air Quality Standards, and Controlling Pollution

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

[[Page 27491]]

the state of Iowa. These revisions amend the SIP to include revisions 
to Iowa air quality rules necessary to allow for implementation of 
revised National Ambient Air Quality Standards (NAAQS) for fine 
particulate matter (PM2.5), lead, and sulfur dioxide 
(SO2) as they apply to construction permit exemptions. The 
spray booth ``permit by rule'' is revised to add content limits for 
lead-containing spray materials. The updated Federal references to the 
revised NAAQS are also included in this revision. The revisions improve 
the stringency of the SIP.
    EPA is also approving revisions to the Iowa Title V Operating 
Permits Program to modify requirements for insignificant activities. 
The changes correspond to the revisions to the construction permit 
exemptions amended with this SIP revision.

DATES: This direct final rule is effective July 14, 2014, without 
further notice, unless EPA receives adverse comment by June 13, 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-2014-0164, 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-
2014-0164. 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?

    EPA is amending the SIP to include revisions to Iowa air quality 
rules and the Title V program. EPA is approving revisions for Chapter 
22 ``Controlling Pollution'' of 567 Iowa Administrative Code and 
revisions to Chapter 28 ``Ambient Air Quality Standards'' of 567 Iowa 
Administrative Code. These rules have been revised to account for 
changes made by EPA to the NAAQS for PM2.5, lead (Pb), and 
SO2.
    Chapter 22 revisions include: (1) Modifications to the list of 
construction permitting exemptions to set appropriate emission 
thresholds and operating conditions for PM2.5 and Pb; (2) 
updates to the ``insignificant activities'' to set appropriate emission 
thresholds and operating permit conditions for PM2.5 and Pb; 
and (3) revisions to permit by rule for spray booths which add the 
maximum lead content limits for lead-containing sprayed materials, 
which apply to new facilities or new uses of lead spray materials for 
operations for owner- or operator-initiated construction, installation, 
reconstruction or alteration after October 23, 2013. Chapter 28 is 
revised to remove particulate matter (PM10) as a surrogate 
for the annual standard of the PM2.5 NAAQS, and adopt by 
reference the 2010 SO2 NAAQS.
    EPA is also approving revisions to the Iowa Title V Operating 
Permits program to modify requirements for insignificant activities as 
related to operating permits. The changes correspond to the revisions 
to the construction permit exemptions amended with this SIP revision.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission 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 docket, 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 revisions to the SIP for the State of Iowa. These 
revisions amend the SIP to include revisions to Iowa air quality rules 
necessary to allow for implementation of new and revised NAAQS for 
PM2.5, lead, and SO2 as they apply to 
construction permit exemptions. The spray booth ``permit by rule'' is 
revised to add content limits for lead-containing spray materials. The 
updated Federal references for the revised NAAQS are also included in 
this revision. All revisions are approved as they do not adversely 
impact air quality in the state of Iowa and do not relax the SIP.
    EPA is also approving revisions to the Iowa Title V Operating 
Permits Program to modify requirements for insignificant activities. 
The changes correspond to

[[Page 27492]]

revisions to the construction permit exemptions amended in the 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 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 July 14, 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, Incorporation by 
reference, Lead, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Operating permits, Reporting and recordkeeping 
requirements.

    Dated: April 29, 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. In Sec.  52.820, the table in paragraph (c) is amended by revising 
the entries for ``567-22.1'', ``567-22.8'', and ``567-28.1'' to read as 
follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

[[Page 27493]]



                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
          Iowa citation                  Title            effective      EPA approval date       Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1........................  Permits Required           10/23/13  5/14/14 [insert
                                   for New or                           Federal Register
                                   Existing                             page number where
                                   Stationary.                          the document
                                                                        begins].
 
                                                  * * * * * * *
567-22.8........................  Permits By Rule....        10/23/13  5/14/14 [insert
                                                                        Federal Register
                                                                        page number where
                                                                        the document
                                                                        begins]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1........................  Statewide Standards        10/23/13  5/14/14 [insert       ...................
                                                                        Federal Register
                                                                        page number where
                                                                        the document
                                                                        begins]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMITS 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 (p) under 
``Iowa'' to read as follows:

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

* * * * *

Iowa

* * * * *
    (p) The Iowa Department of Natural Resources submitted for 
program approval revisions to 567-22.103(455B) revised insignificant 
activities which must be included in Title V Operating permit 
applications. These revisions to the Iowa program are approved 
effective July 14, 2014.
* * * * *
[FR Doc. 2014-10968 Filed 5-13-14; 8:45 am]
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