[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Rules and Regulations]
[Pages 1615-1618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00793]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2018-0642; FRL-9988-94-Region 7]


Air Plan Approval; Iowa; State Implementation Plan and 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. 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: This final rule is effective on March 7, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2018-0642. 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. Background
II. What is being addressed in this document?
III. Have the requirements for approval of the SIP and Operating 
Permit Plan revisions been met?
IV. The EPA's Response to Comments
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On October 2, 2018, the EPA proposed to approve in the Federal 
Register revisions to the Iowa State Implementation Plan (SIP) and the 
Operating Permits Program. See 83 FR 49509. The revisions update and 
clarify rules and make minor revisions and corrections. Approval of 
these revisions will ensure consistency between the state and 
federally-approved rules, and ensure Federal enforceability of the 
state's revised air program rules.
    The EPA received comments from two sources prior to the close of 
the comment period. A detailed discussion of Iowa's SIP revisions and 
the Operating Permits Program revisions were provided in the proposed 
rule and will not be restated here, except to the extent relevant to 
our response to the public comments we received.

II. What is being addressed in this document?

    The EPA is taking final action to approve the revisions to the Iowa 
SIP and the State's Operating Permits Program. These revisions:
     Update the definition for EPA reference method and 
volatile organic compounds (VOCs);
     Clarify permit rule exemptions and the State's permit-by-
rule regulation;
     Update methods and procedures for performance test/stack 
test and continuous monitoring systems.
     Rescind State rules that implement the CAIR;
     Revise the State's Prevention of Significant Deterioration 
(PSD) regulations to incorporate the most recent Federal requirements;
     Revise the State's 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; and
     Revise the State's acid rain rules to include the most 
recent EPA Reference Method.
    As noted in the proposed rule, the EPA is not acting on Chapter 
25.2--Continuous emission monitoring under

[[Page 1616]]

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 in a future action.
    Chapters with revisions are as follows:

 Chapter 22--Controlling Pollution
 Chapter 25--Measurement of Emissions
 Chapter 30--Fees
 Chapter 33--Special Regulations and Construction Permit 
Requirements for Major Stationary Sources--Prevention of Significant 
Deterioration (PSD) of Air Quality
 Chapter 34--Provisions for Air Quality Emissions Trading 
Programs

III. Have the requirements for approval of the SIP and Operating Permit 
Plan revisions been met?

    The state submittal has 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, as explained above and in more detail in the proposal 
published in the Federal Register on October 2, 2018, these revisions 
meet the substantive SIP requirements of the Clean Air Act (CAA), 
including section 110 and implementing regulations. See 83 FR 49509. 
These revisions are also consistent with applicable requirements of 
title V of the CAA and 40 CFR part 70.

IV. The EPA's Response to Comments

    The public comment period for the EPA's proposed rule opened 
October 2, 2018, the date of its publication in the Federal Register, 
and closed on November 1, 2018. During this period, the EPA received 
comments from two commenters with three comments. One of the commenters 
was supportive of the EPA's proposed approval of the State's rescission 
of its CAIR regulations. Below are adverse comments with the EPA's 
responses.
    First commenter, comment 1: The commenter is opposed to the State's 
rule revisions that allow PSD permit notices to be published on a 
website instead of a newspaper. The commenter's concern is that lower 
income and lower education level communities are not as likely to have 
internet access and thus are unlikely to learn about the public notices 
and comment periods. The commenter recommends retaining the requirement 
to post public notices for PSD permits in local newspapers for the 
affected areas and posting notices on a public website.
    The EPA's response to comment 1: Iowa revised its PSD public 
participation procedures in 567 Iowa Administrative Code (IAC) 33.3(17) 
to be consistent with Federal PSD public participation procedures in 40 
CFR 51.166(q)(2). The EPA responded to similar concerns such as those 
raised by the commenter when it promulgated changes to the public 
notice provisions in CAA Permitting programs in 40 CFR 51.166, and 
stated that the EPA's final rule did not preclude a permitting 
authority from providing supplemental notification to the public, such 
as a supplemental notice in a newspaper (81 FR 71613, October 2, 2018). 
Accordingly, the changes to the State's PSD permit public notice 
requirements provide for notification via other means if necessary to 
ensure adequate notice to the affected public. Because Iowa's PSD 
permit public notice provisions meet the minimum criteria for notifying 
the public of the availability of PSD permitting information in 40 CFR 
51.166(q)(2), EPA is approving the State's rule revision into the SIP 
without modification.
    Second commenter, comment 2: The second commenter expressed concern 
that the compound 1,1,2,2-tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane 
(HFE-347pcf2) is being excluded from the state definition of a 
``volatile organic compounds'' (VOC). Specifically, the commenter is 
concerned about potential adverse health effects from exposure to HFE-
347pcf2 and requested that the State be required to continue to monitor 
levels of this compound for a period of time following the approval of 
the SIP revisions.
    The EPA's response to comment 2: The State excluded HFE-347pcf2 
from the definition of VOC in 567 IAC 20.2 to be consistent with the 
Federal definition of VOC in 40 CFR 51.100. The EPA has removed HFE-
347pcf2 from the definition of VOC because this compound makes a 
negligible contribution to tropospheric ozone formation (81 FR 50330, 
August 1, 2016). The EPA discussed similar health concerns such as 
those raised by the commenter when it promulgated changes to the 
Federal definition of VOC to exclude HFE-347pcf2, and discussed another 
Federal regulatory program, the Toxic Substances Control Act (TSCA), 
that allows EPA to evaluate whether an unreasonable risk is expected by 
the manufacture, processing, distribution in commerce, use, and 
disposal of HFE-347pcf2. See id. Because Iowa's definition of VOC is 
consistent with the Federal definition of VOC in 40 CFR 51.100, the EPA 
is approving the State's rule revision into the SIP without 
modification.
    Second commenter, comment 3: The second commenter also commented on 
the removal of the requirement to post public notices for PSD permits 
in local newspapers in the affected area. The second commenter 
advocates that the public notices should be concurrently posted in the 
local newpapers and on the state's website for an unspecified time 
until the public becomes familiar with accessing the information 
online, and then the removal of the requirement to post the public 
notices in the newspaper could occur.
    The EPA's response to comment 3: For the reasons discussed in the 
EPA's response to comment 1 above, the EPA is approving the state's 
rule revision into the SIP without modification.

V. What action is the EPA taking?

    The EPA is approving revisions to the Iowa SIP and the Operating 
Permits Program. The revisions clarify rules, make revisions and 
corrections, and rescind rules no longer relevant to the air program. 
The 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 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 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 SIP, 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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[[Page 1617]]

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 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).
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 8, 2019. 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, 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: December 26, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA is amending 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
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
                                     Chapter 20--Scope of Title--Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
567-20.2.......................  Definitions.......       4/18/2018  2/5/2019, [Insert   The definitions for
                                                                      Federal Register    ``anaerobic lagoon,''
                                                                      citation].          ``odor,'' ``odorous
                                                                                          substance,'' ``odorous
                                                                                          substance source'' are
                                                                                          not SIP approved.
 

[[Page 1618]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1.......................  Permits Required         4/18/2018  2/5/2019, [Insert   In 22.1(3) the
                                  for New or                          Federal Register    following sentence
                                  Stationary                          citation].          regarding electronic
                                  Sources.                                                submission is not SIP
                                                                                          approved. The 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  2/5/2019, [Insert   .......................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1.......................  Testing and              4/18/2018  2/5/2019, [Insert   .......................
                                  Sampling of New                     Federal Register
                                  and Existing                        citation].
                                  Equipment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1.......................  Purpose...........       4/18/2018  2/5/2019, [Insert   .......................
                                                                      Federal Register
                                                                      citation].
567-33.3.......................  Special                  4/18/2018  2/5/2019, [Insert   Provisions of the 2010
                                  Construction                        Federal Register    PM2.5 PSD--Increments,
                                  Permit                              citation].          SILs and SMCs rule (75
                                  Requirements for                                        FR 64865, October 20,
                                  Major Stationary                                        2010) relating to SILs
                                  Sources in Areas                                        and SMCs that were
                                  Designated                                              affected by the
                                  Attainment or                                           January 22, 2013, U.S.
                                  Unclassified                                            Court of Appeals
                                  (PSD).                                                  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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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 (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 567-22.100, 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 April 8, 2019.
* * * * *
[FR Doc. 2019-00793 Filed 2-4-19; 8:45 am]
 BILLING CODE 6560-50-P