[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Rules and Regulations]
[Pages 44795-44797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16262]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0045; FRL-9948-84-Region 7]


Approval of Iowa's Air Quality Implementation Plans; Polk County 
Board of Health Rules and Regulations, Chapter V, Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision submitted by 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. This final action will 
reflect updates to the Iowa's statewide rules previously approved by 
EPA and will ensure consistency between applicable local agency rules 
and Federally-approved rules.

DATES: This final rule is effective on August 10, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2016-0045. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available electronically at http://www.regulations.gov and at EPA Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 66219. Please schedule an appointment during normal 
business hours with the contact listed in the FOR FURTHER INFORMATION 
CONTACT section. For additional information and general guidance, 
please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?

I. What is being addressed in this document?

    The State of Iowa requested EPA approval of revisions to the local 
agency's rules and regulations, Chapter V, Air Pollution, as a revision 
to the State Implementation Plan (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 December 8, 2015. The revisions 
were adopted by the local agency on October 6, 2015, and became 
effective on October 12, 2015. 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 X. Permits, Division 1. Construction Permits, 
Section 5-33. Exemptions from Permit Requirements;
     Article X. Permits, Division 2. Operating Permits, Section 
5-39. Exemptions from Permit Requirement.
    EPA's action does not cover revisions to:
     Article VI. Emission of Air Contaminants from Industrial 
Processes, New Source Performance Standards, Section 5-16(n),
     Article VIII. National Emission Standards for Hazardous 
Air Pollutants for Source Categories, Section 5-16(p), and,
     Article VIII. National Emission Standards for Hazardous 
Air Pollutants for Source Categories, Section 5-20.
    EPA is also approving the definition of Maximum Achievable Control 
Technology (MACT) that was inadvertently omitted from the January 12, 
2015, Federal Register notice that approved the September 2013 
revisions to the Polk County Board of Health Rules and Regulations, 
Chapter V, Air Pollution. 80 FR 1471. The definition of MACT is not 
referenced elsewhere in Polk County's Federally approved rules.\1\
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    \1\ Chapter V, Subchapter 5-20 National Emission Standards for 
Hazardous Air Pollutants (NESHAP) for Source Categories is not 
Federally approved.
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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.

[[Page 44796]]

III. EPA's Response to Comments

    The public comment period on EPA's proposed regulation opened 
February 16, 2016, the date of its publication in the Federal Register, 
and closed on March 18, 2016. (81 FR 8030). During this period, EPA 
received one comment, with two separate issues, that are addressed as 
follows:
    Comment: First, the commenter stated that it was not clear if the 
Polk County local air agency issues Prevention of Significant (PSD) 
permits for Polk County or if the state agency issues PSD permits. 
Second, the commenter stated that the SIP submission contained an 
illegal startup, shutdown, malfunction (SSM) exemption and that EPA 
could not approve the SIP submission until the SSM exemption was 
removed.
    Response to comment: First, Iowa has a delegated PSD program that 
is not delegated to local air agencies. 72 FR 27056, May 14, 2007. PSD 
permits are only issued by the Iowa Department of Natural Resources. No 
changes will be made in response to this comment.
    Second, in response to the commenter's concern that the SIP 
contains an illegal SSM exemption in Article VI, Section 5-17(a) of the 
Polk County Board of Health Rules and Regulations, the revisions to the 
Iowa SIP that EPA is approving are definitions and construction 
permitting exemptions that do not relate to automatic exemptions from 
otherwise applicable SIP emissions limitations during periods of 
startup, shutdown or malfunction. In addition, in response to the 
commenter's concern, Iowa requested that the EPA not act on a reference 
in the Polk County Board of Health Rules and Regulations to 567 Iowa 
Administrative Code (IAC) Chapter 24, as a subsection of that provision 
is subject to EPA's June 12, 2015 SSM SIP Call. 80 FR 33839.

IV. What action is EPA taking?

    EPA is taking final action to approve this SIP revision to update 
the Polk County board of Health Rules and Regulations, Chapter V, Air 
Pollution. This final action will reflect updates to the Iowa's 
statewide rules previously approved by EPA and will ensure consistency 
between applicable local agency rules and Federally-approved rules.

Incorporation by Reference

    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 the Iowa 
Regulations 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 http://www.regulations.gov and at the appropriate EPA office (see the 
ADDRESSES section of this preamble for more information).

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 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 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 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 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 September 9, 2016. 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: June 22, 2016.
Mark Hague,
Regional Administrator, Region 7.

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

[[Page 44797]]

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'' under the heading ``Polk County'' to read 
as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                                              EPA-Approved Iowa Regulations
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          Iowa citation                  Title                 State effective date                  EPA approval date                 Explanation
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                                     Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                                                       Polk County
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Chapter V.......................  Polk County Board    10/12/15...........................  7/11/16, [Insert Federal Register    Article I, Section 5-2,
                                   of Health Rules                                           citation].                           definition of
                                   and Regulations                                                                                ``variance,''
                                   Air Pollution                                                                                  ``anaerobic lagoon,''
                                   Chapter V.                                                                                     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. 2016-16262 Filed 7-8-16; 8:45 am]
 BILLING CODE 6560-50-P