[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Rules and Regulations]
[Pages 27763-27766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11088]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0165; FRL-9910-67-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: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plan (SIP) for the State of Iowa.
This action will amend the SIP to include revised permitting
regulations to allow facilities to construct or modify existing sources
in areas that are not in attainment with the National Ambient Air
Quality Standards. The rule revisions incorporate Federal regulation by
reference. The provisions from previous nonattainment permitting rules
are being retained and are now relocated to Chapter 31 ``Nonattainment
Areas''. EPA is also acting to approve the SIP to update the rule
revisions for the definition of excess emissions and conformity of
general actions rule.
DATES: This direct final rule will be effective July 14, 2014, without
further notice, unless EPA receives adverse comment by June 16, 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-2014-0165, 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-
2014-0165. 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
[[Page 27764]]
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 requested the SIP be
amended to include revisions to the following air quality rules:
Chapter 20, ``Scope of Title-Definitions-Forms-Rules of Practice,''
Chapter 22, ``Controlling Pollution,'' Chapter 31, ``Nonattainment
Areas,'' and Chapter 33, ``Special Regulations and Construction Permit
Requirements for Major Stationary Sources-Prevention for Significant
Deterioration of Air Quality.''
The rule revisions adopt, by reference, regulation from 40 CFR
51.165 to incorporate review and permitting procedures that allow
facilities to construct or modify existing sources in areas that are
not in attainment with the National Ambient Air Quality Standards. The
modifications were intended to streamline the rules and to make them
more user-friendly. One of the most significant rule changes is that
the nonattainment permitting rules are being moved to Chapter 31,
``Nonattainment areas.'' Iowa previously adopted requirements for
nonattainment areas in rule 567-22.5(455B), and the provisions of this
rule are retained as permits issued during previous nonattainment
declarations remain in effect. The content of rule 567-22.5(455B) is
rescinded, and the content moved to 31.20. To be clear, the content
remains unchanged and the state's rules for nonattainment major New
Source Review are no more or less stringent than the Federal
regulations when the area was designated as nonattainment. The
requirements for areas designated nonattainment after May 18, 1998 are
in rules 567-31.3(455B) to 567-31.9 (455B). In addition, 567-20.1
updates information about the content of Chapter 22 and 31 and 567-20.2
which revises the definition of ``excess emissions'' to update the
references to the nonattainment major NSR and prevention of significant
deterioration rules. The state is also updating references to the
conformity of general actions rule. Additional rule revisions are more
general and administrative in nature. Those revisions include updating
references and introductory rule language to synchronize with the
transitioning of rule content; removing references to outdated
guidance; and updating the list of attainment and unclassifiable areas
in the state.
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. 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. This
rulemaking adopts regulations to be consistent with Federal review and
permitting procedures that allow facilities to construct or modify
existing sources in areas that are not in attainment with the NAAQS.
Although incorporated by reference, a new chapter will include all
nonattainment permitting regulations for the ease of the reader.
References related to Federal regulations are being updated, including
references in the definition of excess emission, and conformity of
general actions 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
[[Page 27765]]
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 July 14, 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: 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 52.820, the table in paragraph (c) is amended by:
0
a. Revising entries ``567-20.1'', ``567-20.2'', ``567-22.1'',``567-
22.5'', ``567-31.1'', ``567-31.2'', and ``567-33.1''; and
0
b. Adding entries ``567-31.3'', ``567-31.4'', ``567-31.9'', ``567-
31.10'', and ``567-31.20''.
The revisions and additions to read as follows:
52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
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State
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 20--Scope of Title-Definitions-Forms-Rule of Practice
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567-20.1................ Scope of Title........ 1/15/2014 5/15/2014 [[insert This rule is a non-
Federal Register page substantive
number where the description of the
document begins]]. Chapters contained in
the Iowa rules. EPA
has not approved all
of the Chapters to
which this rule
refers.
567-20.2................ Definitions........... 1/15/2014 5/15/2014 [insert The definitions for
Federal Register page anaerobic lagoon,
number where the odor, odorous
document begins]. substance, odorous
substance and
greenhouse gas are
not SIP approved.
* * * * * * *
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Chapter 22--Controlling Pollution
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567-22.1................ Permits Required for 1/15/2014 5/15/2014 [insert ......................
New or Existing Federal Register page
Stationary Sources. number where the
document begins].
* * * * * * *
567-22.5................ Special Requirements 1/15/2014 5/15/2014 [insert Rescinded and Moved to
for Nonattainment Federal Register page 567-31.20.
Areas. number where the
document begins].
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* * * * * * *
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Chapter 31--Nonattainment Areas
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567-31.1................ Permit Requirements 1/15/2014 5/15/2014 [insert ......................
Relating to Federal Register page
Nonattainment Areas. number where the
document begins].
567-31.2................ Conformity of General 1/15/2014 5/15/2014 [insert ......................
Federal Actions to Federal Register page
the Iowa SIP or number where the
Federal document begins].
Implementation Plan.
567-31.3................ Nonattainment new 1/15/2014 5/15/2014 [insert ......................
source review Federal Register page
requirements for number where the
areas designated document begins].
nonattainment on or
after May 18, 1998.
567-31.4................ Preconstruction Review 1/15/2014 5/15/2014 [insert ......................
Permit Program. Federal Register page
number where the
document begins].
567-31.9................ Actual PALs........... 1/15/2014 5/15/2014 [insert ......................
Federal Register page
number where the
document begins].
567-31.10............... Validity of Rules..... 1/15/2014 5/15/2014 [insert ......................
Federal Register page
number where the
document begins].
567-31.20............... Special requirements 1/15/2014 5/15/2014 [insert ......................
for nonattainment Federal Register page
areas designated number where the
before May 18, 1998. document begins].
* * * * * * *
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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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567-33.1................ Purpose............... 1/15/2014 5/15/2014 [insert ......................
Federal Register page
number where the
document begins].
* * * * * * *
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[FR Doc. 2014-11088 Filed 5-14-14; 8:45 am]
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