[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Rules and Regulations]
[Pages 49300-49302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21285]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2018-0536; FRL-9983-66--Region 7]


Air Plan Approval; Iowa; Approval of the State Implementation 
Plan and the Operating Permits Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Iowa State Implementation Plan (SIP), and the 
Operating Permits Program to clarify submission requirements for 
construction and operating permit applications. This action also 
includes minor grammatical corrections. EPA reviewed these revisions 
and determined that they will not impact air quality and will ensure 
consistency between the state and federally approved rules.

DATES: This final rule is effective on October 31, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2018-0536. All documents in the docket are listed on 
the https://www.regulations.gov website. 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 through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``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 submission and 
operating permits program been met?
III. EPA's Response to Comments
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    This final action approves a revision from the state of Iowa to 
revise the Iowa SIP and Operating Permits Program. EPA published in the 
Federal Register the proposed approval of the State's submission on 
July 26, 2018, at 83 FR 35451. The revisions to the SIP are to clarify 
the types of mailing services that may be used for submitting 
construction permit applications to include the U.S. Postal Service, 
private parcel delivery services, and hand delivery. Construction 
permit applications are not required to be submitted by certified mail. 
The revisions also eliminate the requirement for construction permit 
applications for projects that will not emit greenhouses gases to 
submit the current three-page form.
    The revisions to the operating permits program clarifies the types 
of mailing services that may be used for submitting operating permit 
applications to include the U.S. Postal Service, private parcel 
delivery services, and hand delivery. Operating permit applications are 
not required to be submitted by certified mail. This revision to the 
operating permits program is being made to require only one copy of the 
operating permit application instead of two.
    This action also includes minor grammatical corrections to the SIP 
for construction permit rules and minor

[[Page 49301]]

grammatical corrections to the operating permits program rules.

II. Have the requirements for approval of the SIP revisions and the 
operating permits program been met?

    The state submittal met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, these revisions meet the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations. These 
revisions are also consistent with applicable EPA requirements of Title 
V of the CAA and 40 CFR part 70. The submission was sent to EPA on 
January 4, 2018, and received January 9, 2018.

III. EPA's Response to Comments

    The public comment period for EPA's proposed rule opened July 26, 
2018, the date of its publication in the Federal Register, and closed 
on August 27, 2018. During this period, EPA received five comments 
which are available in the docket; two in support of the proposed rule 
revisions, and three comments that were outside of the scope of the 
proposed rule. Therefore, EPA will not provide a specific response to 
the comments.

IV. What action is EPA taking?

    This final action approves revisions to the Iowa SIP and the 
Operating Permits Program. The revisions clarify the types of mailing 
services that may be used for submitting construction and operating 
permit applications, and clarifies that applications are not required 
to be submitted by certified mail. The revisions also eliminate the 
requirement for construction permit applications or projects that will 
not emit greenhouse gases (GHG) to submit the current separate three-
page GHG form. In addition, a revision to the operating permit program 
is being made to require only one copy of the permit application 
instead of two. Finally, this action includes minor grammatical 
corrections.

V. Incorporation by Reference

    In this document, 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 a revision to 
Iowa's Regulations described in the amendments to 40 CFR part 52 set 
forth below. EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 7 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).
    Therefore, these materials have been approved by EPA for inclusion 
in the State implementation plan, have been incorporated by reference 
by EPA into that plan, are fully federally enforceable under sections 
110 and 113 of the CAA as of the effective date of the final rulemaking 
of EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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, 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 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 November 30, 2018. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Reporting and recordkeeping 
requirements.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure,

[[Page 49302]]

Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: September 25, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 70 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. Amend Sec.  52.820(c) by revising the entry ``567-22.1'' to read as 
follows:


Sec.  52.820  Identification of plan.

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    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                         State
       Iowa citation                 Title          effective date    EPA approval date         Explanation
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                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                        Chapter 22--Controlling Pollution
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567-22.1...................  Permits Required for         12/13/17  10/1/2018, [Insert     Electronic submittal
                              New or Existing                        Federal Register       referred to in
                              Stationary Sources.                    citation].             22.1(3) is not SIP
                                                                                            approved.
 
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PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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


0
4. Amend appendix A to part 70 by adding paragraph (s) under the 
heading ``Iowa'' to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Iowa

* * * * *
    (s) The Iowa Department of Natural Resources submitted for 
program approval revisions to rule 567-22.105. Electronic submittal 
referred to in 22.105 is not approved in the operating permits 
program. The state effective date is December 13, 2017. This 
revision is effective November 30, 2018.
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[FR Doc. 2018-21285 Filed 9-28-18; 8:45 am]
 BILLING CODE 6560-50-P