[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Rules and Regulations]
[Pages 33023-33026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09930]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2020-0059; FRL-10009-33-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, regulatory 
references, correcting the State's mailing address, requiring 
facilities to submit electronic emissions inventory information under 
the State's title V permitting program, and updating references for the 
most recent federally approved minimum specifications and quality 
assurance procedures for performance evaluations of continuous 
monitoring systems. Approval of these revisions will not impact air 
quality and will ensure consistency between the State and Federally 
approved rules.

DATES: This final rule is effective July 1, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2020-0059. 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, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7719; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

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

[[Page 33024]]

V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving the State of Iowa's April 18, 2019, submission 
to revise its SIP and the Operating Permits Program to incorporate 
recent changes to Iowa Administrative Code. In this document, the EPA 
is approving revisions to three chapters, including Chapter 20, ``Scope 
of Title--Definitions;'' Chapter 22, ``Controlling Pollution;'' and 
Chapter 25, ``Measurement of Emissions''. The revisions the EPA is 
approving are to make the definition of ``EPA reference method'' 
consistent with Federal reference methods, add a cross-reference to 
Iowa's permitting rules with a state rule regarding air quality 
nonattainment areas, provide the correct address for the Iowa 
Department of Natural Resources Air Quality Bureau, and adopt the 
minimum performance specifications and quality assurance procedures for 
performance evaluations of continuous monitoring systems specified by 
the EPA in 40 CFR part 60, appendix B, amended through August 7, 2017. 
A more detailed discussion of these revisions is provided in the 
proposed approval. (85 FR 10357, February 24, 2020).
    The EPA is not acting on Iowa Administrative Code 567-22.105(1) 
that allows facility owners or operators to submit an electronic title 
V operating permit application until the State obtains approval from 
the EPA that its electronic document receiving system is consistent 
with the Cross-Media Electronic Reporting Rule, 40 CFR part 3. (74 FR 
68692, December 29, 2009). In addition, subrule 22.105(1)``a'' 
subparagraph (9) is not approved.
    Sections 111 and 112 of the Clean Air Act (CAA) allow the EPA to 
delegate authority to states for New Source Performance Standards 
(NSPS), National Emission Standards for Hazardous Air Pollutants 
(NESHAPs), and emission guidelines. The EPA has delegated authority to 
Iowa for approved portions of these sections of the CAA. Changes made 
to Iowa's Chapter 23 pertaining to new and revised NSPS, NESHAPs, and 
emission guidelines are not directly approved into the SIP, but rather, 
are adopted by reference. Thus, the EPA is not specifically approving 
these changes to Iowa Administrative Code into the State's SIP.

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. The 
State held a public comment period from December 19, 2018 to January 
22, 2019, with a public hearing on January 22, 2019. One comment was 
received, but it was outside the scope of this rulemaking. The 
submission satisfies 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. Finally, the revisions are also consistent with applicable 
EPA requirements of title V of the CAA and 40 CFR part 70.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened 
February 24, 2020, the date of its publication in the Federal Register 
and closed on March 25, 2020. (85 FR 10357, February 24, 2020). During 
this period, EPA received one comment which was not substantive and 
does not require the EPA to respond.

IV. What action is the EPA taking?

    The EPA is taking final action to revise the Iowa SIP and Operating 
Permits Program to update the definition of ``EPA Reference Method'' 
and the corresponding procedures for Federal updates to methods and 
procedures for continuous monitoring systems, correct the mailing 
address for IDNR's Air Quality Bureau, add a regulatory cross-
reference, and require facilities to submit electronic emissions 
inventory information under the State's title V permitting 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.

V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Iowa Regulations described in the amendments to 40 CFR part 52 set 
forth below. The 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 the 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 the 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 section 12(d) of the 
National

[[Page 33025]]

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 the 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 July 31, 2020. 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: May 5, 2020.
James Gulliford,
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. In Sec.  52.820, the table in paragraph (c) is amended by revising 
the entries ``567-20.2'', ``567-22.1'', ``567-22.9'', ``567-22.300'', 
and ``567-25.1'' to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                    State
     Iowa citation                Title           effective      EPA approval date            Explanation
                                                     date
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                 Iowa Department of Natural Resources Environmental Protection Commission [567]
                                     Chapter 20--Scope of Title--Definitions
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                                                  * * * * * * *
567-20.2...............  Definitions...........    4/17/2019  6/1/2020, [insert       The definitions for
                                                               Federal Register        ``anaerobic lagoon,''
                                                               citation].              ``odor,'' ``odorous
                                                                                       substance,'' ``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      4/17/2019  6/1/2020, [insert       In 22.1(3) the following
                          New or Stationary                    Federal Register        sentence regarding
                          Sources.                             citation].              electronic 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.''
 
                                                  * * * * * * *
567-22.9...............  Special Requirements      4/17/2019  6/1/2020, [insert       ..........................
                          for Visibility                       Federal Register
                          Protection.                          citation].
 
                                                  * * * * * * *
567-22.300.............  Operating Permit by       4/17/2019  6/1/2020, [insert       ..........................
                          Rule for Small                       Federal Register
                          Sources.                             citation].
 

[[Page 33026]]

 
                                                  * * * * * * *
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                                      Chapter 25--Measurement of Emissions
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567-25.1...............  Testing and Sampling      4/17/2019  6/1/2020, [insert       ..........................
                          of New and Existing                  Federal Register
                          Equipment.                           citation].
 
                                                  * * * * * * *
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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. Appendix A to part 70 is amended by adding paragraph (v) under 
``Iowa'' to read as follows:

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

* * * * *

Iowa

* * * * *
    (v) The Iowa Department of Natural Resources submitted for 
program approval revisions to rules 567-22.100, 567-22.105(1), 567-
22.106(2), 567-22.128(4), 567-22.300(8), and 567-22.300(12).
    The state effective date is April 17, 2019. This revision is 
effective May 5, 2020.
* * * * *
[FR Doc. 2020-09930 Filed 5-29-20; 8:45 am]
 BILLING CODE 6560-50-P