[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Proposed Rules]
[Pages 36436-36438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12716]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2022-0483; FRL-9913-01-R7]


Air Plan Approval; Iowa; State Implementation Plan and State 
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 
Iowa Operating Permit Program. The revisions update incorporations by 
reference to EPA methods for measuring air pollutant emissions, 
performance testing (stack testing) and continuous monitoring. These 
revisions do not impact the stringency of the SIP or have an adverse 
effect on air quality. The EPA's proposed approval of this rule 
revision is being done in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: Comments must be received on or before July 18, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0483 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Bethany Olson, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7905; email address: [email protected].

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

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by EPA?
IV. What operating permit plan revisions are being proposed by EPA?
V. Have the requirements for approval of a SIP and the operating 
permit plan revisions been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2022-
0483, at https://www.regulations.gov. 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://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Iowa SIP and the 
Operating Permits Program received on October 20, 2021. The revisions 
incorporate recent changes to Iowa Administrative Code. The following 
chapters are impacted:
     Chapter 20, ``Scope of Title--Definitions;''
     Chapter 22, ``Controlling Pollution;''
     Chapter 23, ``Emission Standards for Contaminants;'' and
     Chapter 25, ``Measurement of Emissions.''
    The proposed revisions update incorporations by reference to EPA 
methods for measuring air pollutant emissions, performance testing 
(stack testing) and continuous monitoring. EPA proposes to find that 
these revisions meet the requirements of the Clean Air Act, do not 
impact the stringency of the SIP, and do not adversely impact air 
quality. The full text of these changes can be found in the State's 
submission, which is included in the docket for this action.
    Sections 111 and 112 of the Clean Air Act (CAA) allow EPA to 
delegate authority to states for New Source Performance Standards 
(NSPS) and National Emission Standards for Hazardous Air Pollutants 
(NESHAPs). 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 and NESHAPs are not directly approved into the 
SIP, but rather, are adopted by reference. Thus, EPA is not proposing 
to approve the changes to Chapter 23 of the Iowa Administrative Code 
into the state's SIP.

III. What SIP revisions are being proposed by EPA?

    The EPA is proposing the following revisions to the Iowa SIP:
    Chapter 20, Subrule 20.2, Scope of Title--Definitions: The state 
revised the definition of ``EPA reference method'' to adopt the most 
current performance test (stack test) method as specified in 40 CFR 
part 51, appendix M (as amended or corrected through October 7, 2020); 
40 CFR part 60, appendix A (as amended or corrected through October 7, 
2020); 40 CFR part 61, appendix B (as amended or corrected through 
October 7, 2020); and 40 CFR part 63, appendix A (as amended or 
corrected through December 2, 2020). This subrule was also revised to 
adopt the most current minimum performance specifications and quality 
assurance procedures for

[[Page 36437]]

performance evaluations of continuous monitoring systems as specified 
in 40 CFR part 60, appendix B (as amended or corrected through October 
7, 2020); 40 CFR part 60, appendix F (as amended or corrected through 
October 7, 2020); 40 CFR part 75, appendix A (as amended or corrected 
through August 30, 2016); 40 CFR part 75, appendix B (as amended or 
corrected through August 30, 2016); and 40 CFR part 75, appendix F (as 
amended or corrected through August 30, 2016). The proposed update will 
ensure that state reference methods are equivalent to Federal reference 
methods; thus, EPA proposes to approve this change.
    Chapter 25, Subrule 25.1(9) Measurement of Emissions: As discussed 
above, the State similarly revised subrule 25.1(9),''Methods and 
Procedures,'' to adopt the performance test (stack test) and continuous 
monitoring systems as specified in 40 CFR part 51, appendix M (as 
amended or corrected through October 7, 2020); 40 CFR part 60, appendix 
A (as amended or corrected through October 7, 2020); 40 CFR part 61, 
appendix B (as amended or corrected through October 7, 2020); 40 CFR 
part 63, appendix A (as amended or corrected through December 2, 2020); 
40 CFR part 60, appendix B (as amended or corrected through October 7, 
2020); 40 CFR part 60, appendix F (as amended or corrected through 
October 7, 2020); 40 CFR part 75, appendix A (as amended or corrected 
through August 30, 2016); 40 CFR part 75, appendix B (as amended or 
corrected through August 30, 2016); and 40 CFR part 75, appendix F (as 
amended or corrected through August 30, 2016). The proposed update will 
ensure that state reference methods are equivalent to Federal reference 
methods; thus, EPA proposes to approve this change.

IV. What operating permit plan revisions are being proposed by EPA?

    The EPA is proposing to approve the following revision to the 
Operating Permit Program:
    Chapter 22, subrule 22.100(455B): Also as discussed above, the 
definition of ``EPA reference method'' has similarly been revised in 
definitions for the operating permits program to adopt performance test 
(stack test) and continuous monitoring systems specified by EPA in 40 
CFR part 51, appendix M (as amended or corrected through October 7, 
2020); 40 CFR part 60, appendix A (as amended or corrected through 
October 7, 2020); 40 CFR part 61, appendix B (as amended or corrected 
through October 7, 2020); 40 CFR part 63, appendix A (as amended or 
corrected through December 2, 2020), 40 CFR part 60, appendix B (as 
amended or corrected through October 7, 2020); 40 CFR part 60, appendix 
F (as amended or corrected through October 7, 2020); 40 CFR part 75, 
appendix A (as amended or corrected through August 30, 2016); 40 CFR 
part 75, appendix B (as amended or corrected through August 30, 2016); 
and 40 CFR part 75, appendix F (as amended or corrected through August 
30, 2016). Referencing the updated method will ensure that state 
methods are equivalent to federal reference methods; thus, EPA proposes 
to approve this change.

V. Have the requirements for approval of a SIP and the operating permit 
plan revisions 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 provided public notice on this SIP revision from June 16, 2021, 
to July 19, 2021, and held a public hearing on July 19, 2021. No public 
comments were received. In addition, as explained above, the revision 
meets the substantive SIP requirements of the CAA, including section 
110 and implementing regulations.

VI. What action is the EPA taking?

    The EPA is proposing to amend the Iowa SIP and the Operating 
Permits Program by approving the State's request to update the 
definitions of ``EPA Reference Method'' in Iowa Administrative Code 
Chapter 20, ``Scope of Title--Definitions;'' Chapter 22, ``Controlling 
Pollution;'' and Chapter 25, ``Measurement of Emissions.'' We are 
processing this as a proposed action because we are soliciting comments 
on this proposed action. Final rulemaking will occur after 
consideration of any comments.

VII. Incorporation by Reference

    In this document, the 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, the EPA is proposing to 
incorporate by reference Iowa rules 567-20.2, 567-22.100 and 567-25.1 
as described in Sections II-IV of this preamble and set forth below in 
the proposed amendments to 40 CFR part 52. 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).

VIII. 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, the 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 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).
     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

[[Page 36438]]

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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, 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: June 8, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the 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. In Sec.  52.820, the table in paragraph (c) is amended by revising 
the entries ``567-20.2'' 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]
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                                     Chapter 20--Scope of Title--Definitions
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                                                  * * * * * * *
567-20.2..................  Definitions............   10/13/2021  [Date of publication    The definitions for
                                                                   of the final rule in    ``anaerobic lagoon,''
                                                                   the Federal             ``odor,'' ``odorous
                                                                   Register], [Federal     substance,''
                                                                   Register citation of    ``odorous substance
                                                                   the final rule].        source'' are not SIP
                                                                                           approved.
 
                                                  * * * * * * *
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                                      Chapter 25--Measurement of Emissions
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567-25.1..................  Testing and Sampling of   10/13/2021  [Date of publication    ......................
                             New and Existing                      of the final rule in
                             Equipment.                            the Federal
                                                                   Register], [Federal
                                                                   Register citation of
                                                                   the final rule].
 
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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 (x) under 
``Iowa'' to read as follows:

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

* * * * *

Iowa

* * * * *
    (x) The Iowa Department of Natural Resources submitted for 
program approval revisions to rules 567-22.100. The state effective 
date for 567-22.100 is October 13, 2021. This revision is effective 
[date 60 days after date of publication of the final rule in the 
Federal Register].
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[FR Doc. 2022-12716 Filed 6-16-22; 8:45 am]
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