[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Rules and Regulations]
[Pages 55297-55299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19327]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2022-0483; FRL-9913-02-R7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the State Implementation Plan (SIP) and 
Operating Permit Program for the State of Iowa. This final action will 
amend the SIP to 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 approval 
of this rule revision is being done in accordance with the requirements 
of the Clean Air Act (CAA).

DATES: This final rule is effective on November 8, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2022-0483. 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: 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 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. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving revisions to the Iowa SIP and the Operating 
Permits Program received on October 20, 2021. The revisions update 
incorporations by reference to EPA methods for measuring air pollutant 
emissions, performance testing (stack testing) and continuous 
monitoring. The revisions update the definitions of ``EPA Reference 
Method'' in Iowa Administrative Code Chapter 20, Subrule 20.2, ``Scope 
of Title--Definitions;'' Chapter 22, Subrule 22.100(455B), 
``Controlling Pollution;'' and Chapter 25, Subrule 25.1(9), 
``Measurement of Emissions.'' As explained in detail in the EPA's 
proposed rule, EPA finds 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 (87 FR 36346, June 17, 2022). 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 approving 
the changes to Chapter 23 of the Iowa Administrative Code into the 
state's SIP.

II. Have the requirements for approval of a SIP revision been met?

    The State's 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. Finally, the revisions are also 
consistent with applicable EPA requirements of Title V of the CAA and 
40 CFR part 70.

III. What action is the EPA taking?

    The EPA accepted public comment on the proposed rule from June 17, 
2022, to July 18, 2022, and received no comments. Therefore, the EPA is 
finalizing its proposal to approve revisions to the Iowa SIP and the 
Operating Permits Program at IAC 567-20.2, 567-22.100 and 567-25.1.

IV. 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 rules 567-20.2, 567-22.100 and 567-25.1 discussed in Section I of 
this preamble and set forth below in the 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).
    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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V. 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);
     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

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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 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).
     This action is subject to the Congressional Review Act, 
and the EPA will submit a rule report to each House of the Congress and 
to the Comptroller General of the United States. 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 November 8, 2022. 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, 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: September 1, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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 effective
     Iowa citation                   Title                     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                   10/13/2021           9/9/2022, [insert  The definitions
                                                                             Federal Register   for ``anaerobic
                                                                             citation].         lagoon,''
                                                                                                ``odor,''
                                                                                                ``odorous
                                                                                                substance,''
                                                                                                ``odorous
                                                                                                substance
                                                                                                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 New   10/13/2021           9/9/2022, [insert
                          and Existing Equipment                             Federal Register
                                                                             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 (x) under 
``Iowa'' to read as follows:

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

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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 
November 8, 2022.
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[FR Doc. 2022-19327 Filed 9-8-22; 8:45 am]
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