[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Rules and Regulations]
[Pages 20408-20410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07055]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2022-0959; FRL-10493-02-R7]


Air Plan Approval: Iowa; Electronic Submittal of Air Quality 
Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State Implementation Plan (SIP) and 
the Operating Permit Program for the State of Iowa. This final action 
will amend the SIP to require the electronic submittal of air emissions 
reporting, construction permit applications, and Title V permit 
applications, and make administrative updates. 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: This final rule is effective on May 8, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2022-0959. All documents in the docket are 
listed on the www.regulations.gov web site. 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 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 Permitting and 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 and the operating 
permit plan revisions 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 June 3, 2022. The revisions incorporate 
recent changes to Iowa Administrative Code. The following chapters are 
impacted:
     Chapter 20, ``Scope of Title--Definitions;''
     Chapter 21, ``Compliance;'' and
     Chapter 22, ``Controlling Pollution.''
    The revisions require the electronic submittal of air emissions 
reporting, construction permit applications, and Title V permit 
applications, and make administrative updates. EPA finds 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.

[[Page 20409]]

II. 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 January 12, 
2022, to February 14, 2022, and held a public hearing on February 14, 
2022. Iowa received one comment in support of the rule during the 
comment period. Iowa did not revise the rule based on public comment 
prior to submitting to EPA, as noted in the State submission included 
in the docket for this action.
    In addition, as explained above, the revision meets the substantive 
SIP requirements of the CAA, including section 110 and implementing 
regulations.

III. What action is the EPA taking?

    The EPA accepted public comment on the proposed rule from January 
24, 2023, to February 23, 2023. During this period, EPA received two 
comments outside the scope of this action and is accordingly not 
addressing any adverse 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, 567-21.1, 567-22.1, 567-22.105(1), 567-
22.105(2) and 567-22.128(4).

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, 567-21.1, 567-22.1, 567-22.105(1), 567-22.105(2) 
and 567-22.128(4) discussed in section I of this preamble and as 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 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).
     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).
     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 June 5, 2023. 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: March 30, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the 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'', ``567-21.1'', and ``567-22.1'' to read as 
follows:

[[Page 20410]]

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]
                                     Chapter 20--Scope of Title-Definitions
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                                                  * * * * * * *
567-20.2................  Definitions..........         5/11/22  4/6/23, [insert       The definitions for
                                                                  Federal Register      ``anaerobic lagoon,''
                                                                  citation].            ``odor,'' ``odorous
                                                                                        substance,'' ``odorous
                                                                                        substance source'' are
                                                                                        not SIP approved.
 
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                                             Chapter 21--Compliance
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567-21.1................  Compliance Schedule..         5/11/22  4/6/23, [insert
                                                                  Federal Register
                                                                  citation].
 
                                                  * * * * * * *
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                                        Chapter 22--Controlling Pollution
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567-22.1................  Permits Required for          5/11/22  4/6/23, [insert
                           New or Existing                        Federal Register
                           Stationary Sources.                    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 (y) under 
``Iowa'' to read as follows:

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

* * * * *

Iowa

* * * * *
    (y) The Iowa Department of Natural Resources submitted for 
program approval revisions to rules 567-22.105(1), 567-22.105(2) and 
567-22.128(4) on June 3, 2022. The state effective date is May 11, 
2022. This revision is effective May 8, 2023.
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[FR Doc. 2023-07055 Filed 4-5-23; 8:45 am]
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