[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Proposed Rules]
[Pages 49509-49513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21287]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2018-0642; FRL-9983-78--Region 7]
Air Plan Approval; Iowa; State Implementation Plan and Operating
Permits Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Iowa State Implementation Plan (SIP) and the
Operating Permits Program. The revisions include updating definitions,
clarifying permit rule exemptions and permit-by-rule regulations,
revising methods and procedures for performance test/stack test and
continuous monitoring systems, and updating the Prevention of
Significant Deterioration (PSD) regulations and Operating Permits
Program. In addition, the State has removed its rules that implement
the Clean Air Interstate Rule (CAIR) and revised their acid rain rules.
These revisions will not impact air quality and will ensure consistency
between the state and Federally approved rules.
DATES: Comments must be received on or before November 1, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2018-0642 to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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. What SIP revisions are being proposed by EPA?
III. What Operating Permit Plan revisions are being proposed by EPA?
IV. Have the requirements for approval of a SIP and the Operating
Permits Program revisions been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is proposing to approve a submission from the State of Iowa to
revise the Iowa SIP and the Operating Permits Program. The revisions to
the Iowa SIP revise the definition for EPA reference method and
volatile organic compounds (VOCs), clarifies permit rule exemptions and
the State's permit-by-rule regulation, and revises methods and
procedures for performance test/stack test and continuous monitoring
systems. In addition, the State has removed its rules that implement
the CAIR. The State has also revised their Prevention of Significant
Deterioration (PSD) regulations to incorporate the most recent Federal
requirements. Iowa has also revised their Operating Permits Program by
revising the definition for EPA Reference Method, clarifying
insignificant activities as applied to internal combustion engines,
revising forms used to submit emission inventories and due dates as
well as revising the public participation rules. In addition, the State
revised their acid rain rules to include the most recent EPA Reference
Method.
EPA is not acting on Chapter 25.2--Continuous emission monitoring
under the acid rain program, as these provisions are not approved in
the operating permits program. EPA is also not acting on the New Source
Performance Standards, emission standards for hazardous air pollutants,
emission standards for hazardous air pollutants for source categories,
and emission guidelines that were submitted in this SIP revision. These
will be addressed separately.
II. What SIP revisions are being proposed by EPA?
EPA is proposing the following revisions to the Iowa SIP:
Chapter 20--Scope of Title-Definitions: The State revised the
definition of ``EPA reference method,'' to adopt the most current EPA
methods for measuring air pollutant emissions (stack testing and
continuous monitoring). EPA revised the reference methods in 40 CFR
parts 51, 60, 61 and 63 on August 30, 2016. These updates will ensure
that state reference methods are equivalent to Federal reference
methods and are no more stringent than Federal methods.
The State revised the definition of ``volatile organic compounds''
(VOC) to reflect changes made to the Federal definition of VOC on
August 1, 2016. EPA finalized a regulation on August 1, 2016, to
exclude the compound 1,1,2,2-tetrafluoro-1-(2,2,2-trifluoroethoxy)
Ethane (HFE-347pcf2) from the Federal definition because this compound
makes a negligible contribution to tropospheric ozone formation. This
revision to the VOC definition ensures consistency with the Federal
definition.
Chapter 22--Controlling Pollution: The State made three revisions
under Chapter 22, ``Permits required for new or existing stationary
sources,'' subrule 22.1(2), ``Permitting exemptions.'' The revisions to
permitting exemptions do not relieve the owner or operator of any
source from any obligation to comply with any other applicable
requirements.
The introductory paragraph to 22.1(2) ``i'', ``Initiation of
construction, installation, reconstruction, or alteration
(modification) to equipment,'' now cross-refers to subrule 31.3(1) in
the Iowa SIP as the previous reference no longer exists. Subrule
31.3(1) refers to definitions for nonattainment new source review
requirements for areas designated nonattainment on or after May 18,
1998.
Subparagraph 22.1(2) ``r'', applies to the exemption for an
internal combustion engine with a brake horsepower rating of less than
400 measured at the shaft. The added
[[Page 49510]]
language (underlined below) clarifies that the owner or operator of an
engine that was manufactured, ordered, modified or reconstructed after
March 18, 2009, may use this exemption only if the owner or operator,
prior to installing, modifying or reconstructing the engine, submits to
the department a completed registration on forms provided by the
department (unless the engine is exempted from registration, as
specified in this paragraph or on the registration form). This revision
clarifies that an engine that meets the definition of nonroad engine as
specified in 40 CFR 1068.30,\1\ is exempt from registration
requirements. The engine must be in compliance with New Source
Performance Standards (NSPS) for stationary compression ignition
internal combustion engines (40 CFR part 60, subpart IIII); NSPS for
stationary spark ignition internal combustion engines (40 CFR part 60,
subpart JJJJ), and National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines (40 CFR part
63, subpart ZZZZ). The State also corrected punctuation errors in this
subparagraph.
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\1\ https://www.ecfr.gov/cgi-bin/text-idx?SID=db4b0eb8f69070dfa866091c274c941c&mc=true&node=se40.37.1068_130&rgn=div8.
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Subparagraph 22.1(2)``w''(1) applies to ``small unit'' exemptions
from construction permitting. The SIP-approved list of criteria has the
word ``or'' between the last two items in the list, which could lead
affected owners and operators to conclude that an emission unit does
not need to meet all the criteria in the list. This proposed revision
changes the word ``or'' to ``and'' between the provision for
``PM2.5'' and the one for ``hazardous air pollutants'' in
the list of air pollutants. A spelling error will also be corrected
with this proposed revision.
The revisions to subrule 22.8(1) ``a'', ``Permit by Rule,'' allow
powder coat material to be used in paint booths without being
considered ``sprayed material,'' provided the powder coating is applied
in an indoor-vented spray booth equipped with filters or an overspray
powder recovery system. Included in this docket are justification
materials from the state that evaluates that particulate emissions from
powder coatings specified under the conditions in permit by rule, would
not contribute to the exceedances of the ambient air quality standards
for particulate matter. The justification was previously provided in
support of the exemption for powder coatings for construction permits
(22.1(2)``bb''). Owners and/or operators using the permit by rule must
send a notification letter to the Department and complete applicability
questions for the facility. Facilities not eligible for permit by rule
are required to apply for a construction permit as specified under 567
IAC subrules 22.1(1) and 22.1(3).
Chapter 25--Measurement of Emissions: The State revised subrule
25.1(9), ``Methods and Procedures,'' to adopt the most current EPA
reference methods for measuring air pollutant emissions (performance
test/stack test, 25.1(9)a, and continuous monitoring systems,
25.1(9)b). EPA revised the reference methods in 40 CFR parts 51, 60, 61
and 63 on August 30, 2016. These proposed updates will ensure that
state reference methods are equivalent to Federal reference methods and
are no more stringent than Federal methods.
Chapter 33--Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality:
33.1--Purpose. The State revised the applicable date to incorporate
the recent changes EPA made to the Federal requirements of the PSD
program from August 19, 2015, to October 18, 2016.
33.1(3)--Definitions. The State revised the definition of
``volatile organic compounds'' (VOC) to reflect changes made to the
Federal definition of VOC on August 1, 2016. The compound 1,1,2,2-
tetrafluoro-1-(2,2,2-trifluoroethoxy) Ethane (HFE-347pcf2) was excluded
from the Federal definition at 40 CFR 51.100(s) because this compound
makes a negligible contribution to tropospheric ozone formation. This
proposed revision to the state's VOC definition ensures consistency
with the Federal definition.
33.3(17)--Public participation. The State made revisions that
addresses public participation requirements for the PSD program to
reflect updates to the Federal regulations, at 40 CFR part 51, subpart
I, published October 18, 2016. The revision removes the requirements
for advertisement in a newspaper of general circulation in each region
in which the proposed source will be constructed, and provides for
posting of the public comment period on a website identified by the
department.\2\ The electronic notice shall be available for the
duration of the public comment period and include the notice of public
comment, the draft permit(s), information on how to access the
administrative record for the draft permit(s), and how to request or
attend a public hearing on the draft permits(s). The revision also
requires the department to be consistent in the method of providing
public notice while using other means necessary to ensure adequate
notice to the affected public.
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\2\ The ``department'' is the Iowa Department of Natural
Resources and the permitting authority.
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33.3(22)--Permit rescission. This revision allows for rescission of
PSD permits to be consistent with the Federal changes made to 40 CFR
part 51, subpart I, published October 18, 2016, with regard to public
participation. A notice of permit rescission may be posted on a
publicly available website identified by the department.
Chapter 34--Provisions for Air Quality Emissions Trading Programs.
Due to the regulations being phased out and replaced with the Cross-
State Air Pollution Rule published in the Federal Register on August 8,
2011 at 76 FR 48208, Iowa is implementing the Cross-State Air Pollution
Rule through a Federal Implementation Plan, and removing its
regulations that implement CAIR. Because the State CAIR trading
programs created by these rules are no longer being implemented, and
because the rules serve no other purpose, removal of the rules from the
SIP does not interfere with any applicable requirement concerning
attainment or any other requirement of the CAA.
EPA is proposing to approve the rescission of the following
chapters in the Iowa SIP:
34.201, CAIR NOX Annual Trading Program Provisions;
34.202, CAIR Designated Representative for CAIR NOX
sources;
34.203, Permits;
34.204, Reserved;
34.205, CAIR NOX Allowance Allocations;
34.206, CAIR NOX Allowance Tracking System;
34.207, CAIR NOX Allowance Transfers;
34.208, Monitoring and Reporting;
34.209, CAIR NOX Opt-in Units;
34.210, CAIR SO2 Trading Program;
34.211-34.219, Reserved;
34.220, CAIR NOX Ozone Season Trading Program;
34.221, CAIR NOX Ozone Season Trading Program General
Provisions;
34.222, CAIR Designated Representative for CAIR NOX
Ozone Season Sources;
34.223, CAIR NOX Ozone Season Permits;
34.224, Reserved;
34.225, CAIR NOX Ozone Season Allowance Allocations;
34.226, CAIR NOX Ozone Season Allowance Tracking System;
34.227, CAIR NOX Ozone Season Allowance Transfers;
34.228, CAIR NOX Ozone Season Monitoring and Reporting,
and 34.229, CAIR NOX Ozone Season Opt-in Units.
[[Page 49511]]
III. What operating permits plan revisions are being proposed by EPA?
EPA is proposing to approve the following revisions to Iowa's
Operating Permits Program (Title V) as follows:
Chapter 22.100--Definitions for Title V Operating Permits: The
State revised the definition of ``EPA reference method,'' to adopt the
most current EPA methods for measuring air pollutant emissions (stack
testing and continuous monitoring). EPA revised the reference methods
in 40 CFR parts 51, 60, 61 and 63 on August 30, 2016. These updates
will ensure that state reference methods are equivalent to Federal
reference methods and are no more stringent than Federal methods.
Chapter 22.103--Insignificant activities:
Subparagraph 22.103(2)``b''(6) applies to the exemption for
internal combustion engines that are used for emergency response
purpose with a brake horsepower rating of less than 400 measured at the
shaft. The revision adds that emergency engines that are subject to the
following rules are not to be considered insignificant: New Source
Performance Standards (NSPS), 40 CFR part 60 subpart IIII (stationary
compression ignition internal combustion engines); NSPS 40 CFR part 60,
subpart JJJJ (stationary spark ignition internal combustion engines),
and National Emission Standards for hazardous air pollutants, 40 CFR
part 63, subpart ZZZZ (reciprocating internal combustion engines).
Chapter 22.106, Title V permit fees:
The revision to 22.106(2) applies to emission inventories and
documentation due dates. The revision specifies that emissions
inventories will be submitted with forms specified by the department.
For emissions in Polk and Linn Counties, three copies of forms should
be submitted that document actual emissions for the previous calendar
year annually by March 31. Emissions in other counties are required to
submit two copies of forms documenting actual emissions for the
previous calendar year annually by March 31. With this revision, the
following forms have been removed: Form 1.0, ``Facility
Identification''; Form 4.0, ``Emission Unit--Actual Operations and
Emissions'' for each emission unit; Form 5.0, ``Title V Annual
Emissions Summary/Fee'', and Part 3, ``Application Certification.''
Chapter 22.107, Title V permit processing procedures:
The revision to subrule 22.107(6), ``Public notice and public
participation,'' updates the Title V program to reflect the changes
made to Federal regulations at 40 CFR 70.7(h), published October 18,
2016. The revision removes the requirements for advertisement in a
newspaper of general circulation and adds that posting of the notice,
including the draft permit, for the duration of the public comment
period on a public website identified by the permitting authority.\3\
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\3\ Iowa Department of Natural Resources.
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Chapter 22.120: This chapter applies to the acid rain program. In
Iowa, all provisions of the acid rain program are approved under the
Title V Operating Permits Program. Therefore, the test methods as
applied in Chapter 22.100 apply to Chapter 22.120 to include the most
recent EPA reference method revision to 40 CFR part 75 (August 30,
2016).
Chapter 30--Fees: The revision to ``Fees Associated with Title V
Operating Permits'' at 30.4(2) ``b'' removes the following forms: Form
1.0, ``Facility Identification''; Form 5.0, ``Title V Annual Emissions
Summary/Fee'', and Part 3, ``Application Certification.'' The revision
also adds the language ``with forms specified by the department.''
IV. Have the requirements for approval of a SIP and the Operating
Permits Program revisions been met?
The submission met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The State held a public
comment period from December 20, 2017 to January 22, 2018, with a
public hearing on January 22, 2018. No comments were received. The
submissions 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.
V. What actions are proposed?
EPA is proposing to approve revisions to the Iowa SIP and the
Operating Permits Program. The proposed revisions clarify rules, makes
revisions and corrections, and rescinds rules no longer relevant to the
air program. EPA has determined that approval of these revisions will
not impact air quality and will ensure consistency between the state
and federally-approved rules, and ensure Federal enforceability of the
state's revised air program rules.
VI. Incorporation by Reference
In this document, EPA is proposing to include regulatory text in an
EPA final rule that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the Iowa Regulations described in the proposed 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).
VII. Statutory and Executive Order Reviews
Under the Clean Air Act (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 Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because
[[Page 49512]]
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).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
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 proposes to amend 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, paragraph (c), by:
0
a. Revising the table entries ``567-20.2'', ``567-22.1'', ``567-22.8'',
``567-25.1'', ``567-33.1'', and ``567-33.3'', and
0
b. Removing the table entries and the heading for ``Chapter 34--
Provisions for Air Quality Emissions Trading Programs'' in its
entirety.
The revisions read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(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 20--Scope of Title-Definitions
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* * * * * * *
567-20.2................. Definitions........... 4/18/2018 [Date of publication The definitions for
of the final rule in ``anaerobic
the Federal lagoon,'' ``odor,''
Register], [Federal ``odorous
Register citation of substance,''
the final rule]. ``odorous substance
source'' are not SIP
approved.
* * * * * * *
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Chapter 22--Controlling Pollution
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567-22.1................. Permits Required for 4/18/2018 [Date of publication In 22.1(3) the
New or Stationary of the final rule in following sentence
Sources. the Federal regarding electronic
Register], [Federal submission is not
Register citation of SIP approved. The
the final rule]. sentence is:
``Alternatively, the
owner or operator
may apply for a
construction permit
for a new or
modified stationary
source through the
electronic submittal
format specified by
the department.''
* * * * * * *
567-22.8................. Permit by Rule........ 4/18/2018 [Date of publication .....................
of the final rule in
the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
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Chapter 25--Measurement of Emissions
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567-25.1................. Testing and Sampling 4/18/2018 [Date of publication .....................
of New and Existing of the final rule in
Equipment. the Federal
Register], [Federal
Register citation of
the final rule].
[[Page 49513]]
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Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality
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567-33.1................. Purpose............... 4/18/2018 [Date of publication .....................
of the final rule in
the Federal
Register], [Federal
Register citation of
the final rule].
567-33.3................. Special Construction 4/18/2018 [Date of publication Provisions of the
Permit Requirements of the final rule in 2010 PM2.5 PSD--
for Major Stationary the Federal Increments, SILs and
Sources in Areas Register], [Federal SMCs rule (75 FR
Designated Attainment Register citation of 64865, October 20,
or Unclassified (PSD). the final rule]. 2010) relating to
SILs and SMCs that
were affected by the
January 22, 2013,
U.S. Court of
Appeals decision are
not SIP approved.
Iowa's rule
incorporating EPA's
2007 revision of the
definition of
``chemical
processing plants''
(the ``Ethanol
Rule,'' published
May 1, 2007) or
EPA's 2008
``fugitive emissions
rule,'' (published
December 19, 2008)
are 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 new paragraph (t) under Iowa
to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(t) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.103, 567-22.106, 567-
22.107, and 567-30.4. The state effective date is April 18, 2018.
This revision is effective [date 60 days after date of publication
of the final rule in the Federal Register].
* * * * *
[FR Doc. 2018-21287 Filed 10-1-18; 8:45 am]
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