[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Rules and Regulations]
[Pages 33192-33195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14089]



40 CFR Part 52

[EPA-R07-OAR-2015-0358; FRL-9928-90-Region-7]

Approval and Promulgation of Air Quality Implementation Plans; 
Iowa; Grain Vacuuming Best Management Practices (BMPs) and Rescission 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State Implementation Plan 
(SIP) for the State of Iowa to amend Best Management Practices (BMPs) 
for grain vacuuming operations at Group 1 grain elevators. Additional 
revisions to the SIP include revised definitions, revised requirements 
for Department forms, and rescinding rule requirements and references 
for conditional permits.

DATES: This direct final rule will be effective August 10, 2015, 
without further notice, unless EPA receives adverse comment by July 13, 
2015. 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-2015-0358, 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: Heather Hamilton, 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-
2015-0358. 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: 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].

[[Page 33193]]

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?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The State of Iowa requested EPA approval of revisions to the SIP to 
amend Best Management Practices (BMPs) for grain vacuuming operations 
at Group 1 grain elevators. Additional revisions to the SIP include 
revised definitions, revised requirements for Department forms, and 
rescinding rule requirements and references for conditional permits.
    These revisions were submitted in two separate requests. The 
amendment to the BMPs was effective on September 10, 2014, and received 
by EPA on November 20, 2014. The second request for additional 
revisions was effective on April 22, 2015, and received by EPA on May 
4, 2015. Details with regard both submittals are included in the 
technical support document which is part of this docket.

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?

    EPA is taking direct final action to approve revisions to State of 
Iowa State Implementation Plan (SIP). Chapter 22, ``Controlling 
Pollution,'' is amended to revise the Best Management Practices (BMPs) 
for Group 1 grain elevators to include grain vacuuming operations. 
Group 1 grain elevators are country grain elevators, country grain 
terminal elevators, or grain terminal elevators with the potential to 
emit less than 15 tons of PM10 per year. Existing Group 1 
facilities are those that commenced construction or reconstruction 
before February 6, 2008; new facilities are those that commenced 
construction after February 6, 2008. Revised BMPs were included with 
the SIP submission.
    Additional revisions made to the Iowa SIP include revising the 
definition of volatile organic compounds with the most recent 
Federally-approved date; removing all references to conditional permits 
throughout the SIP, and rescinding the air quality forms section.
    Conditional permits were added to the Iowa Code in the 1970s to 
facilitate electric utility rate setting. The Iowa Utilities Board 
changed the rate setting requirements so that conditional permits were 
not needed. There is no record of issuing a conditional permit to an 
electric facility; therefore, references to conditional permits are 
being removed with this action.
    References to obsolete and duplicative air quality forms are being 
removed from the SIP.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. The revised BMPs were developed through a 
stakeholder workgroup that was jointly organized by IDNR, and grain 
elevator operators and grain vacuum vendors. One comment was received 
during the public comment period in support of the revised BMPs. The 
remaining 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 revisions. 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.

IV. Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Iowa 
Regulations in chapters 20, 22, 31, and 33 described in the direct 
final amendments to 40 CFR part 52 set forth below. EPA has made, and 
will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).
    Under the Clean Air Act, 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 Clean Air Act. 
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 Orders 12866 (58 
FR 51735, October 4, 1993) 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 Clean Air Act; 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 and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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

[[Page 33194]]

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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 10, 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. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 28, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:


1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Q--Iowa

2. In Sec.  52.820(c), the table is amended by revising the entries for 
``567-20.2'', ``567-20.3'', ``567-22.1'', ``567-22.2'', ``567-22.3'', 
``567-22.10'', ``567-31.20'', and ``567-33.3'' to read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
       Iowa citation                   Title             effective     EPA approval date         Explanation
                 Iowa Department of Natural Resources Environmental Protection Commission (567)
                          Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
                                                  * * * * * * *
567-20.2..................  Definitions...............      4/22/15  6/11/15 and [Insert    ....................
                                                                      Federal Register
567-20.3..................  Air Quality Forms               4/22/15  6/11/15 and [Insert    ....................
                             Generally.                               Federal Register
                                                  * * * * * * *
                                        Chapter 22--Controlling Pollution
567-22.1..................  Permits required for New        4/22/15  6/11/15 and [Insert    ....................
                             or Existing Stationary                   Federal Register
                             Source.                                  citation].
567-22.2..................  Processing Permit               4/22/15  6/11/15 and [Insert    ....................
                             Applications.                            Federal Register
567-22.3..................  Issuing Permits...........      4/22/15  6/11/15 and [Insert    ....................
                                                                      Federal Register
                                                  * * * * * * *
567-22.10.................  Permitting Requirements         9/10/14  6/11/15 and [Insert    ....................
                             for Country Grain                        Federal Register
                             Elevators, Country Grain                 citation].
                             Terminal Elevators, Grain
                             Terminal Elevators and
                             Feed Mill Equipment.
                                                  * * * * * * *
                                         Chapter 31--Nonattainment Areas
                                                  * * * * * * *
567-31.20.................  Special Requirements for        4/22/15  6/11/15 and [Insert    ....................
                             Nonattainment Areas                      Federal Register
                             Designated Before May 18,                citation].
                             1998. (Originally Adopted
                             in 567-22.5).
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality

[[Page 33195]]

                                                  * * * * * * *
567-33.3..................  Special Construction            4/22/14  6/11/15 and [Insert    ....................
                             Permit Requirements for                  Federal Register
                             Major Stationary Sources                 citation].
                             in Areas Designated
                             Attainment or
                             Unclassified (PSD).
                                                  * * * * * * *

* * * * *
[FR Doc. 2015-14089 Filed 6-10-15; 8:45 am]