[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Rules and Regulations]
[Pages 1471-1475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00079]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0163; FRL-9921-19-Region 7]


Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency.

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. 
The purpose of these revisions is to update the Polk County Board of 
Health Rules and Regulations, Chapter V, Air Pollution. The revisions 
reflect updates to the Iowa statewide rules previously approved by EPA 
and will ensure consistency between the applicable local agency rules 
and Federally-approved rules. On April 15, 2014, the state notified EPA 
that it is withdrawing their request to approve greenhouse gases 
definition as relating to greenhouse gas emissions. This withdrawal 
request is in recognition of the July 12, 2013, U.S. Court of Appeals 
for the District of Columbia decision which vacated the regulation 
known as the ``biogenic deferral rule.'' On October 31, 2014, the state 
requested that EPA withdraw their request to approve the definition of 
anaerobic lagoon.

DATES: This direct final rule will be effective March 13, 2015 without 
further notice, unless EPA receives adverse comment by February 11, 
2015. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register

[[Page 1472]]

informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2014-0163, 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: [email protected], 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-
2014-0163. 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: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, 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 questions:

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?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The State of Iowa has requested EPA approval of revisions to the 
local agency's rules and regulations, chapter V, ``Air Pollution,'' as 
a revision to the SIP. In order for the local program's ``Air 
Pollution'' rules to be incorporated into the Federally-enforceable 
SIP, on behalf of the local agency, the state must submit the formally 
adopted regulations and control strategies, which are consistent with 
the state and Federal requirements, to EPA for inclusion in the SIP. 
The regulation adoption process generally includes public notice, a 
public comment period and a public hearing, and formal adoption of the 
rule by the state authorized rulemaking body. In this case, that 
rulemaking body is the local agency. After the local agency formally 
adopts the rule, the local agency submits the rulemaking to the state, 
and then the state submits the rulemaking to EPA for consideration for 
formal action (inclusion of the rulemaking into the SIP). EPA must 
provide public notice and seek additional public comment regarding the 
proposed Federal action on the state's submission.
    EPA received the request from the state to adopt revisions to the 
local air agency rules into the SIP on September 20, 2013. The 
revisions were adopted by the local agency on July 30, 2013, and became 
effective on August 5, 2013. EPA is approving the requested revisions 
to the Iowa SIP relating to the following:
     Article I. In General, Section 5-1. Purpose and Ambient 
Air Quality Standards;
     Article I. In General, Section 5-2. Definitions;
     Article II. Authority, Section 5-3. Duties of Health 
Officer;
     Article II. Authority, Section 5-4. Powers of Health 
Officer;
     Article III. Incinerator and Open Burning, Section 5-7. 
Open Burning Prohibited;
     Article VII. Performance Test for Stack Emission Test, 
Section 5-18. Testing and Sampling of New and Existing Equipment;
     Article X. Permits, Division 1. Construction Permits, 
Section 5-31. Issuance of Permit;
     Article X. Permits, Division 1. Construction Permits, 
Section 5-33. Exemptions from Permit Requirements;
     Article X. Permits, Division 1. Construction Permits, 
Section 5-34. Construction Permit Filing/Review Fees;
     Article X. Permits, Division 1. Construction Permits, 
Section 5-35.1. Annual/Operating Permit Fees;
     Article X. Permits, Division 2. Operating Permits, Section 
5-39. Exemptions from Permit Requirement;
     Article X. Permits, Division 2. Operating Permits, Section 
5-50. Evidence used in establishing that a violation has or is 
occurring;
     Article XI. Compliance Schedules, Section 5-56. Compliance 
Schedules Required;
     Article XI. Compliance Schedules, Section 5-57. Progress 
Reports Required.
    EPA's action does not cover revisions to:
     Article I. In General, Section 5-2. Definitions; Anaerobic 
Lagoon and Greenhouse Gases;
     Article III. Incineration and Open Burning, Section 5-
7(d), Variance Application;
     Article VI. Sections 5-16(n), (o), and (p) which pertain 
to New Source Performance Standards (NSPS);
     Article VIII. which pertain to National Emission Standards 
Hazardous Air Pollutants (NESHAPS);
     Article X. Permits, Division 1. Construction permits, 
Section 5-35. Operating Permit Required.
    On April 15, 2014, the state amended their request and notified EPA 
that it is withdrawing their requests to approve section 5-1 of article 
I to adopt greenhouse gases definition and section 5-35(b)(5) of 
article X relating to greenhouse gas emissions. This withdrawal request 
is in recognition of the July 12, 2013 U.S. Court of Appeals for the 
District of Columbia decision which vacated the regulation known as

[[Page 1473]]

the ``biogenic deferral rule'' (No. 11-1101 (D.C. Cir., July 12, 
2013)). On October 31, 2014, the state requested that EPA withdraw 
their request to approve the definition of anaerobic lagoon.

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.

III. What action is EPA taking?

    We are taking direct final action to approve the amendments to the 
Polk County Board of Health Rules and Regulations, Chapter V, ``Air 
Pollution.'' The local agency routinely revises its ``Air Pollution'' 
regulations to be consistent with the Federally-approved Iowa 
Administrative Code. The state amended their request and notified EPA 
that it is withdrawing their requests to approve section 5-1 of article 
I to adopt greenhouse gases definition and section 5-35(b)(5) of 
article X relating to greenhouse gas emissions. This withdrawal request 
is in recognition of the July 12, 2013, U.S. Court of Appeals for the 
District of Columbia decision which vacated the regulation known as the 
``biogenic deferral rule'' (No. 11-1101 (D.C. Cir., July 12, 2013)). On 
October 31, 2014, the state requested that EPA withdraw their request 
to approve the definition of anaerobic lagoon.
    The local agency's ``Air Pollution'' rules are consistent with 
state and Federal regulations and are revised as follows:
    Article I, section 5-1(c) is revised to cite the cross reference to 
state-approved rules at (455B). Definitions are added to section 5-2 as 
follows: Country grain elevator; Department; Director or his designee; 
Emergency generator; Grain processing; Grain storage elevator, and 
Maximum achievable control technology (MACT) floor. The definitions to 
EPA reference method; Particulate matter, and Potential to emit are 
revised.
    Article II, sections 5-3 and 5-4, addresses the duties and powers 
of the health officer and is revised to change the term ``board of 
health'' to ``health officer.''
    Article III addresses incineration and open burning, and is 
reorganized to include the headings ``prohibition,'' ``burn permits,'' 
and ``exemptions.'' Section 5-7(b) ``burn permits'' is revised to 
include an expanded explanation of training fires, and the conditions 
that must be met to prior to conducting such a fire. Section 5-7(c) 
``exemptions'' is revised to include the exemption of fireplaces or 
grills, outdoor patio heaters, and recreational bonfires, fireplaces 
and grills.
    Article VII, section 5-18 revises performance test for stack 
emission test as it relates to new and existing equipment, and details 
testing procedures. Reference methods are amended to reflect the most 
current Federal revisions.
    Article X, division 1, Construction Permits, section 5-31 language 
is revised to state each permit shall not be transferable from one 
piece of equipment to another. A paragraph is added to provide detailed 
information with regard to written notification prior to transferring 
equipment to a new location.
    Article X, section 5-33, Exemptions from Permit Requirements amends 
equipment used for cultivating land, harvesting crops, or raising 
livestock other than anaerobic lagoons; incinerators and paint hook 
burn-off ovens with a manufacturer's design capacity less than 25 
pounds per hour; internal combustion engine burning exclusively natural 
gas or propane with a brake horsepower rating of less than 100 measures 
at the shaft; production welding, and new or modified welding operation 
limitations for solder containing lead.
    The final revision in article X, division I, is in section 5-34, 
Construction Permit filing/review fees, revises the accurate name of 
the Air Quality Division and states that permit fees will become part 
of the Air Quality Enterprise fund. A paragraph is being added to 
describe the circumstances investigation fees are paid for work that 
has commenced prior to obtaining a permit.
    Article X, Permits, division 2, Operating Permits, section 5-35.1, 
Annual/Operating Permit Fees, removes the exemption for certain 
applicants and accurately identifies who to pay fees to, as well as 
stating the fees will become part of the Air Quality Enterprise fund.
    Article X, section 5-39, amends subparagraph (a)(1) which refers to 
incinerators, and is revised to remove pyrolysis cleaning furnaces and 
add paint hook burn-off ovens. Incinerators installed in a single 
family dwelling is removed and a sentence is added to state that 
combustible material shall not contain lead. Subparagraph (a)(43) 
Production Welding, is revised to acceptable specifications for Gas 
Metal Arc Welding to 12,500 pounds per year, and Shielded Metal Arc 
Welding to 1,600 pounds per year. Subparagraph (a)(44) is amended to 
add that new or modified welding operations will be limited to 37,000 
pounds per year of lead-containing solder. Two new paragraphs are added 
as exemptions at (a)(51), equipment used for cultivating land, 
harvesting crops, or raising livestock other than anaerobic lagoons, 
and (a)(52) internal combustion engine burning exclusively natural gas 
or propane with a brake horsepower rating of less than 100 measures at 
the shaft.
    Article X, section 5-50, is amended to add two new subsections. The 
first subsection addresses methods of presumptively credible evidence 
of whether a violation has occurred at a source that includes a 
monitoring method approved for the source and incorporated in an 
operating permit; compliance test methods, and, testing or monitoring 
methods approved for the source in an issued construction permit. The 
second subsection addresses presumptively credible testing, monitoring 
or information-gathering methods that include any monitoring or testing 
methods provided in the Polk County rules, or, other testing, 
monitoring or information-gathering methods that produce information 
comparable to that produced by any above.
    Article XI, Compliance Schedules, section 5-56, Compliance 
Schedules Required is amended to clarify the time (30 days) in which 
the health officer determines in writing that satisfactory progress 
towards the elimination or prevention of air pollution is made. 
Administrative changes are also made to this section.
    Article XI, section 5-57, is amended to make administrative changes 
and to add that on the determination of unsatisfactory progress, the 
health office may deny or suspend the compliance schedule and institute 
appropriate legal proceedings to enforce this chapter (referring to 
Polk County Board of Health Rules and Regulations, Chapter V, Air 
Pollution). Additional information on the details of the Polk County 
revisions, which are being approved, is found in the Technical Support 
Document in the docket of this rulemaking.
    We are publishing this 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 
this Federal Register, we are publishing a separate document that will 
serve as the proposed rule to approve the SIP revision if adverse 
comments are

[[Page 1474]]

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.

IV. 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 March 13, 2015. 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 this 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, Intergovernmental 
relations, Incorporation by reference, Lead, Reporting and 
recordkeeping requirements.

    Dated: December 19, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 as set forth below:

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 V'' to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

[[Page 1475]]



                                          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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                                                  * * * * * * *
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                                                   Polk County
----------------------------------------------------------------------------------------------------------------
CHAPTER V.......................  Polk County Board of        08/05/13  1/12/15 [Insert      Article I, Section
                                   Health Rules and                      Federal Register     5-2, definition of
                                   Regulations Air                       citation]            ``variance,''
                                   Pollution Chapter V                                        ``anaerobic
                                                                                              lagoon,'' and
                                                                                              ``greenhouse
                                                                                              gases''; Article
                                                                                              III, Incineration
                                                                                              and Open Burning,
                                                                                              Section 5-7(d)
                                                                                              Variance
                                                                                              Application;
                                                                                              Article VI,
                                                                                              Sections 5-16(n),
                                                                                              (o) and (p);
                                                                                              Article VIII;
                                                                                              Article IX,
                                                                                              Sections 5-27(3)
                                                                                              and (4); Article
                                                                                              X, Section 5-28,
                                                                                              subsections (a)
                                                                                              through (c), and
                                                                                              Article X, Section
                                                                                              5-35(b)(5);
                                                                                              Article XIII; and
                                                                                              Article XVI,
                                                                                              Section 5-75 are
                                                                                              not part of the
                                                                                              SIP.
                                                                                             Article VI, Section
                                                                                              5-17, adopted by
                                                                                              Polk County on 7/
                                                                                              26/2011, is not
                                                                                              part of the SIP,
                                                                                              and the previously
                                                                                              approved version
                                                                                              of Article VI,
                                                                                              Section 5-17
                                                                                              remains part of
                                                                                              the SIP.
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[FR Doc. 2015-00079 Filed 1-9-15; 8:45 am]
BILLING CODE 6560-50-P