[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62852-62856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24860]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0300; FRL-9918-15-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 the 
State Implementation Plan (SIP) revisions submitted by the State of 
Iowa for the purpose of approving the 2008, 2009, 2011, 2012, and 2013 
updates to the Linn County Air Quality Ordinance. EPA is approving 
Iowa's request to include revisions to the Linn County Air Quality 
Ordinance, Chapter 10, because the revisions improve the stringency of 
the Iowa SIP.

DATES: This direct final rule will be effective on December 22, 2014, 
without further notice, unless EPA receives adverse comment by November 
20, 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-2014-0300, 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-
2014-0300. 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?

What is being addressed in this document?

    The Iowa Department of Natural Resources (IDNR) requests EPA's 
approval of the 2008, 2009, 2010, 2012, and 2013 revisions to the Linn 
County Air Quality Ordinance, Chapter 10, as a revision to the Iowa 
SIP. All changes were adopted by the Linn County Board of Supervisors 
for each of the years addressed with this action. Pursuant to a request 
from IDNR \1\, EPA is taking action on the 2008, 2009, 2010, 2013 and 
2013 revisions to the Linn County Air Quality Ordinance to the extent 
they are contained in the 2013 version of the Linn County Air Quality 
Ordinance. See the Technical Support Document in the docket for today's 
action for further information.
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    \1\ See letter from Catharine Fitzsimmons, Chief of the Air 
Quality Bureau of IDNR to Karl Brooks, Regional Administrator of EPA 
Region 7, dated August 15, 2014, available in the Docket for today's 
action.
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    The following is a description of the 2008 revisions to the Linn 
County Air Quality Ordinance, Chapter 10, which are subject to this 
approval action and consistent with the Federally-approved state rules:
    The following definitions are being added to the Linn County Air 
Quality Ordinance, Chapter 10.2 ``Definitions'': ASME, ASTM, Attainment 
area, Biodiesel fuel, Btu, Carbonaceous fuel, Criteria, Department, 
Diesel fuel, DNR, Electric furnace, Emission Unit, EPA conditional 
method, EPA reference method, Equipment, Excess air, Excess emission, 
Foundry cupola, Gas cleaning device, Goal, Heating value, IAC, 
Initiation of construction, installation or alteration, Level, New 
Source Performance Standards, Nonattainment area, Number 1 fuel oil/
Number 2 fuel oil, Objective, Plan documents, PM10,

[[Page 62853]]

PM2.5, Privileged Communication, Process, Salvage 
operations, Smoke Monitor, Source operation, Standard metropolitan 
statistical area, Theoretical air, 12-month rolling period, Untreated, 
and Urban area.
    The following definitions are being changed in the Linn County Air 
Quality Ordinance, Chapter 10.2, ``Definitions'' to improve the 
stringency of the Iowa SIP: Air Pollution Control Officer, Air quality 
standard, Air pollution forecast, Country grain elevator, Major 
Stationary Source, Potential to Emit, Prevention of Significant 
Deterioration, Process weight rate, Responsible official, Significant, 
State Implementation Plan, Total Suspended Particles, Volatile Organic 
Compounds.
    ``Air Quality Division'' or ``Air Pollution Control Agency'' was 
deleted from the 2008 submittal.
    Chapter 10.5 addresses ``Locally Required Permits.'' Changes in 
2008 include a revision to 10.5(2) to strengthen the rules for 
Authorization to Install; two paragraphs are being added to 10.5(2)(a) 
for additional permit requirements; an administrative change is being 
made to 10.5(2)(b), and 10.5(2)(d) is being added to outline 
requirements for issuance of a permit. Note that EPA has not approved 
the local permit program with regard to permits for major sources. 
Major source permits (Prevention of Significant Deterioration) are 
issued by IDNR.
    ``Duration of Permit'' is addressed in 10.5(3). This 2008 revision 
to 10.5(3)(c-d) states permits can be renewed yearly but are subject to 
10.6--Permitting Fees--of the ordinance. The rules to post the permit 
are being revised for additional detail and clarity.
    ``Exemptions from the Authorization to Install Permit and Permit to 
Operate Requirements,'' (10.5(9)) was revised in 2008, 2009, 2010 and 
2011, and lists 37 exemptions too numerous to mention here. For the 
entire list, refer to the technical support document located in the 
docket for this rulemaking. These revisions are consistent with the 
Federally-approved state rules.
    Administrative changes were made to 10.5(10-11), ``Emissions 
Offsets for Non-Attainment Designated Areas,'' and ``Dispersion Credit 
Allowance,'' in 2008.
    Chapter 10.6 addresses permit fees and is being revised at 10.6(3) 
to include late filing fees for each permit and permit renewal. A 
revision being made to 10.6(4) states the fees are established by 
resolution by the County.
    The titles for 10.9 and 10.9(1) were revised in 2008 to read 
``Emission Standards,'' and 10.9(1) ``Emissions of Particulate 
Matter.''
    ``Grain Handling and Processing Plants,'' 10.9(1)(g), is being 
revised to add three sub-sections to address the limit of particulate 
matter discharged to the atmosphere, and addresses grain bin vents 
constructed, modified or reconstructed before and after March 31, 2008. 
These revisions are consistent with the Federally-approved state rules.
    Grammatical changes are being made to 10.9(1)(l) ``Incinerator'', 
and the opacity for visible emissions from an incinerator is being 
revised to reduce opacity from sixty percent to forty percent which 
strengthens the rule to protect air quality. The state requested this 
Chapter be added in to the 111(d) plan which is being accomplished with 
this rulemaking.
    Chapter 10.10 of the Linn County Air Quality Ordinance sets forth 
rules for ``Open Burning.'' In addition to grammatical corrections, 
this 2008 revision addresses the issuance, validity, and revisions to 
open burning permits, as well as clarifying the circumstances for 
burning landscape wastes, and adds fire extinguisher training to open 
burning exemptions. This revision adds that open burning of residential 
waste, landscape wastes and leaves, within one-half mile of Cedar 
Rapids, Hiawatha or Marion, Iowa, is not allowed as of January 1, 2009. 
Revisions to open burning rules are consistent with Federally-approved 
state rules.
    Chapter 10.13, ``Fugitive Dust'', was revised in 2008 at 
10.13(1)(6) to add an additional precaution to prevent fugitive dust by 
reducing the speed of vehicles traveling over on-property surfaces as 
necessary to minimize the generation of airborne dusts. These revisions 
are consistent with Federally-approved state rules.
    Chapter 10.16 ``Circumvention'' is being revised to add evidence 
used in establishing that a violation has or is occurring. Information 
from the use of a monitoring method pursuant to 10.5, compliance test 
methods pursuant to 10.17, or testing and monitoring methods pursuant 
to 10.5 is being added. Presumptive credible testing (monitoring or 
testing methods, other testing, monitoring or other information-
gathering methods comparable to 10.16(1) ``a'') are being added to this 
rule. These revisions are consistent with Federally-approved state 
rules.
    Chapter 10.17, ``Testing and Sampling of New and Existing 
Equipment,'' is revised to renumber/reorder sections within the rule. 
Additional revisions to this section include 10.17(1) ``Continuous 
Monitoring of Opacity from Coal-Fire Steam Generating Units''; 10.17 
sections 2 and 3 are reserved; 10.17(4) ``Continuous Monitoring of 
Sulfur Dioxide from Sulfuric Acid Plants''; 10.17(8) ``Tests by 
Department.''
    Chapter 10.20 is renamed ``Public Records and Fair Information 
Practices'' and describes that information received will be publicly 
available or be granted confidential treatment in accordance with the 
IAC, and reproduction services will be rendered at the rate established 
by the Linn County Board of Health.
    The following is a description of the 2009 revisions to the Linn 
County Air Quality Ordinance, Chapter 10, which are subject to this 
approval action:
    The definition of ``significant'' is revised in the Linn County Air 
Quality Ordinance, Chapter 10.2, ``Definitions.'' \2\
    Table 1 of Chapter 10.9 is revised to remove the phrase ``or more'' 
after the process weight rate lb/hr 6,000,000, and tons/hr 3,000.00.
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    \2\ Pursuant to an email dated September 18, 2014, from 
Catharine Fitzsimmons, Air Quality Bureau Chief of IDNR, to Joshua 
Tapp, Chief of the Air Planning and Development Branch of EPA Region 
7, IDNR requests that EPA take no action on the definition of 
``Significant'' as it relates to PM2.5 and it is 
therefore not included in today's action. See Docket for further 
information.
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    Chapter 10.17, ``Testing and Sampling of New and Existing 
Equipment,'' is revised to add (7) ``Tests by Owner'' for new, modified 
or existing equipment.
    The following is a description of the 2011 revisions to the Linn 
County Air Quality Ordinance, Chapter 10, which are subject to this 
approval action:
    The definition of ``Volatile organic compound'' is added to the 
Linn County Air Quality Ordinance, Chapter 10.2.
    Chapter 10.6(2), ``Annual Fee for Permit to Operate,'' was revised 
in 2012 to state renewal fees will be paid by the invoice due date or 
the permit will expire and not be valid.
    The following is a description of the 2012 revisions to the Linn 
County Air Quality Ordinance, Chapter 10, which are subject to this 
approval action:
    Chapter 10.6(1), ``Permit Fees,'' was revised in 2013 to correct a 
grammatical error.
    Chapter 10.10 of the Linn County Air Quality Ordinance sets forth 
rules for ``Open Burning.'' Revisions are made to 10.10(A)(1)(h-i), 
``Trees and Tree Trimmings,'' and ``Other,'' respectively. ``Other'' 
includes native prairie management on a case-by-case basis as allowed 
by permit and issued by the Air Pollution Control Officer.
    The following is a description of the 2013 revisions to the Linn 
County Air Quality Ordinance, Chapter 10, which are subject to this 
approval action:
    Chapter 10.1, ``Purpose and Ambient Air Quality Standards,'' was 
revised in

[[Page 62854]]

2013 to amend the Federal references to be consistent with state rules 
that are Federally-approved.
    The following definitions are revised in the Linn County Air 
Quality Ordinance, Chapter 10.2, ``Definitions'' and are consistent 
with state rules that are Federally-approved: EPA reference method, 
PM10, PM2.5, and Total suspended particulate.
    Chapter 10.5 addresses ``Locally Required Permits.'' The 2013 
Revision to 10.5(6), ``Transfer of Permits,'' adds written notification 
delivery methods to be consistent with Federally-approved state rules, 
and reduces the number of days for notification from 30 to 14 when 
transferring portable equipment.
    Chapter 10.17, ``Testing and Sampling of New and Existing 
Equipment,'' is being revised at 10.17(5) ``Maintenance of Records of 
Continuous Monitors,'' for administrative changes, and at 10.17(6) 
``Reporting of Continuous Monitoring Information.'' 10.17(6) 
strengthened the reporting requirements and is consistent with 
Federally-approved state rules.
    Changes to 10.17(9) ``Methods and Procedures'' include revisions 
for performance test (stack tests), continuous monitoring systems, and 
permit and compliance demonstration requirements to include the most 
recent analytical reference methods to be consistent with Federally-
approved state rules.
    Changes to 10.17(10) and (11) remove references to specific 
processes in this chapter making the rules more stringent, as all 
processes are included in the revision. Changes to 10.17(12) include 
the most recent revision to the EPA reference method to be Federally-
approved state rules.
    The following is a list of definitions and rules which are not 
being approved as part of the EPA-approved SIP:
    10.2 ``Definitions''; definition of Anaerobic Lagoon, definition of 
Biomass, definition of Federally-Enforceable, definition of Greenhouse 
Gas, definition of Major Modification, definition of Maximum Achievable 
Control Technology (MACT), and the definition of MACT Floor. (The 
definition of ``Significant'' is approved. However, the state of Iowa 
has withdrawn their request to included PM2.5 in the 
definition of ``significant.'') 10.4-1, Title V Permits; 10.5(9) ``b'' 
Locally Required Permits; Exemptions from the Authorization to Install 
Permit to Operate Requirements;
    10.8(2) ``b'' Emissions From Fuel-Burning Equipment; Emission 
Limitation; 10.8(3) Emissions From Fuel-Burning Equipment; Exemptions 
for Residential Heaters Burning Solid Fuels; 10.8(4) Emissions from 
Fuel-Burning Equipment; Nuisance Conditions for Fuel Burning Equipment; 
10.9(2), New Source Performance Standards (NSPS); 10.9(3), Emission 
Standards for Hazardous Air Pollutants (HAPs); 10.9(4), Emission 
Standards for HAPs for Source Categories; 10.10(4), Variance from 
Rules; 10.11, Emission of Objectionable Odors; 10.15, Variances; 
10.17(13), Continuous Emissions from Acid Rain, and 10.24, Penalty.

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

III. What action is EPA taking?

    EPA is taking action on the 2008, 2009, 2010, 2013 and 2013 
revisions to the Linn County Air Quality Ordinance and is approving 
those revisions to the extent they are contained in the 2013 version of 
the Linn County Air Quality Ordinance. These revisions will improve the 
stringency of the SIP.
    We are taking direct final action to approve revisions because they 
are routine changes to the existing rules which are noncontroversial. 
Therefore, we do not anticipate any adverse comments. However, in the 
``Proposed Rules'' section of this Federal Register, we are publishing 
a separate document that will serve as the proposed rule 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.

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'' under the terms 
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).
     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

[[Page 62855]]

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 December 22, 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, Administrative 
practice and procedure, Incorporation by reference, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: September 30, 2014.
Rebecca Weber,
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 Sec.  52.820 the table in paragraph (c) is amended by revising 
the entry for ``Chapter 10'' under the heading ``Linn County'' to read 
as follows:


Sec.  52.820  Identification of Plan.

* * * * *
    (c) * * *

                                                              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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                                                                       Linn County
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Chapter 10..........................  Linn County Air Quality      7/24/13  10/21/14 [Insert        The following definitions are not SIP-approved in
                                       Ordinance, Chapter 10.                Federal Register        Chapter 10.2; Anaerobic lagoon, Biomass, Chemical
                                                                             citation].              processing plants (ethanol production facilities
                                                                                                     that produce ethanol by natural fermentation
                                                                                                     included in NAICS code 325193 or 312140 are not
                                                                                                     included in this definition);
                                                                                                    Federally Enforceable; Greenhouse gases; Maximum
                                                                                                     Achievable Control Technology (MACT); MACT floor;
                                                                                                     Major modification; Significant is approved,
                                                                                                     however, PM2.5 is not included in the definition of
                                                                                                     ``significant.'' The following sections are not SIP
                                                                                                     approved: 10.4(1), Title V Permits; 10.5(9) ``b''
                                                                                                     Locally Required Permits; Exemptions from the
                                                                                                     Authorization to Install Permit to Operate
                                                                                                     Requirements; 10.8(2) ``b'' Emissions From Fuel-
                                                                                                     Burning Equipment; Emission Limitation; 10.8(3)
                                                                                                     Emissions From Fuel-Burning Equipment; Exemptions
                                                                                                     for Residential Heaters Burning Solid Fuels;
                                                                                                     10.8(4) Emissions from Fuel-Burning Equipment;
                                                                                                     Nuisance Conditions for Fuel Burning Equipment;
                                                                                                     10.9(2), NSPS; 10.9(3), Emission Standards for
                                                                                                     HAPs; 10.9(4), Emission Standards for HAPs for
                                                                                                     Source Categories; 10.10(4) Variance from rules;
                                                                                                     10.11, Emission of Objectionable Odors; 10.15,
                                                                                                     Variances, 10.17(13) Continuous Emissions
                                                                                                     Monitoring from Acid Rain Program, and 10.24,
                                                                                                     Penalty.
 
                                                                      * * * * * * *
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[FR Doc. 2014-24860 Filed 10-20-14; 8:45 am]
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