Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Iowa, 49950-49955 [E8-19519]
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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations
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V. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action makes a
determination based on air quality data,
and would, if finalized, result in the
suspension of certain Federal
requirements. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule makes a determination based on air
quality data, and results in the
suspension of certain Federal
requirements, it 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).
This rule also does not have tribal
applications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
makes a determination based on air
quality data and results in the
suspension of certain Federal
requirements, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks’’ (62 FR 19885, April 23, 1997)
because it determines that air quality in
the affected area is meeting Federal
standards.
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply because it would
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be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures otherwise
satisfying the provisions of the CAA.
This rule does not impose an
information collection burden under the
provisions of the Paper Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Under Executive Order 12898, EPA
finds that this rule involves a
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
including minority and low-income
communities.
B. Submission to Congress and the
Comptroller General
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).
C. Petitions for Judicial Review
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 October 24, 2008. 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,
pertaining to the Harrisburg
nonattainment area clean data
determination, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
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Dated: August 12, 2008
W.T. Wisniewski,
Acting Regional Administrator, Region III.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. Section 52.2059 is amended by
adding paragraph (c) to read as follows:
I
§ 52.2059
matter.
Control strategy: Particulate
*
*
*
*
*
(c) Determination of Attainment. EPA
has determined, as of August 25, 2008,
the Harrisburg-Lebanon-Carlisle,
Pennsylvania nonattainment area for the
1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
attainment demonstration and
associated reasonably available
measures, a reasonable further progress
plan, contingency measures, and other
planning SIPs related to attainment of
the standard for as long as the area
continues to attain the 1997 PM2.5
NAAQS.
[FR Doc. E8–19421 Filed 8–22–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2008–0403; FRL–8707–7]
Approval and Promulgation of
Implementation Plans and Operating
Permits Program; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving a revision to
the Iowa State Implementation Plan
(SIP) and Operating Permits Program
submitted by the state of Iowa for the
purpose of modifying and clarifying
requirements for certain types of grain
elevators. Specifically, the new rule
revises the SIP to add special
requirements for grain elevators, and the
associated chapters for definitions and
emission standards will be revised
accordingly. The Iowa Department of
Natural Resources (IDNR) is requiring
that owners or operators of grain
elevators apply best management
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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations
practices and comply with the fugitive
dust standard, as well as emission
controls specified in required
construction permits. These strategies
will protect the ambient air and
minimize the impact of emissions from
each of the facilities.
DATES: This direct final rule will be
effective October 24, 2008, without
further notice, unless EPA receives
adverse comment by September 24,
2008. If EPA receives adverse comment,
we will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2008–0403, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: Hamilton.heather@epa.gov.
3. Mail or Hand Delivery: Heather
Hamilton, Environmental Protection
Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas
City, Kansas 66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2008–
0403. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
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encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. 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,
will be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
901 North 5th Street, Kansas City,
Kansas 66101. The Regional Office’s
official hours of business are Monday
through Friday, 8 to 4:30 excluding
Federal holidays. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton at (913) 551–7039, or
by e-mail at Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
information by addressing the following
questions:
What is a SIP?
What is the Federal approval process for a
SIP?
What does Federal approval of a state
regulation mean to me?
What is a Part 70 operating permits program?
What is the Federal approval process for the
operating permits program?
What is being addressed in this document?
Have the requirements for approval of a SIP
revision and a Part 70 revision been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act
(CAA) requires states to develop air
pollution regulations and control
strategies to ensure that state air quality
meets the national ambient air quality
standards established by EPA. These
ambient standards are established under
section 109 of the CAA, and they
currently address six criteria pollutants.
These pollutants are: Carbon monoxide,
nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
Each state must submit these
regulations and control strategies to us
for approval and incorporation into the
Federally-enforceable SIP.
Each Federally-approved SIP protects
air quality primarily by addressing air
pollution at its point of origin. These
SIPs can be extensive, containing state
regulations or other enforceable
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documents and supporting information
such as emission inventories,
monitoring networks, and modeling
demonstrations.
What is the Federal approval process
for a SIP?
In order for state regulations to be
incorporated into the Federallyenforceable SIP, states must formally
adopt the regulations and control
strategies consistent with state and
Federal requirements. This process
generally includes a public notice,
public hearing, public comment period,
and a formal adoption by a stateauthorized rulemaking body.
Once a state rule, regulation, or
control strategy is adopted, the state
submits it to us for inclusion into the
SIP. We must provide public notice and
seek additional public comment
regarding the proposed Federal action
on the state submission. If adverse
comments are received, they must be
addressed prior to any final Federal
action by us.
All state regulations and supporting
information approved by EPA under
section 110 of the CAA are incorporated
into the Federally-approved SIP.
Records of such SIP actions are
maintained in the Code of Federal
Regulations (CFR) at title 40, part 52,
entitled ‘‘Approval and Promulgation of
Implementation Plans.’’ The actual state
regulations which are approved are not
reproduced in their entirety in the CFR
outright but are ‘‘incorporated by
reference,’’ which means that we have
approved a given state regulation with
a specific effective date.
What does Federal approval of a state
regulation mean to me?
Enforcement of the state regulation
before and after it is incorporated into
the Federally-approved SIP is primarily
a state responsibility. However, after the
regulation is Federally approved, we are
authorized to take enforcement action
against violators. Citizens are also
offered legal recourse to address
violations as described in section 304 of
the CAA.
What is the Part 70 operating permits
program?
The CAA Amendments of 1990
require all states to develop operating
permits programs that meet certain
Federal criteria. In implementing this
program, the states are to require certain
sources of air pollution to obtain
permits that contain all applicable
requirements under the CAA. One
purpose of the part 70 operating permits
program is to improve enforcement by
issuing each source a single permit that
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consolidates all of the applicable CAA
requirements into a Federallyenforceable document. By consolidating
all of the applicable requirements for a
facility into one document, the source,
the public, and the permitting
authorities can more easily determine
what CAA requirements apply and how
compliance with those requirements is
determined.
Sources required to obtain an
operating permit under this program
include ‘‘major’’ sources of air pollution
and certain other sources specified in
the CAA or in our implementing
regulations. For example, all sources
regulated under the acid rain program,
regardless of size, must obtain permits.
Examples of major sources include
those that emit 100 tons per year or
more of volatile organic compounds,
carbon monoxide, lead, sulfur dioxide,
nitrogen dioxide, or PM10; those that
emit 10 tons per year of any single
hazardous air pollutant (HAP)
(specifically listed under the CAA); or
those that emit 25 tons per year or more
of a combination of HAPs.
Revisions to the state operating
permits program are also subject to
public notice, comment, and our
approval.
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What is the Federal approval process
for an operating permits program?
In order for state regulations to be
included in the Federally-enforceable
Title V operating permits program,
states must formally adopt regulations
consistent with state and Federal
requirements. This process generally
includes a public notice, public hearing,
public comment period, and a formal
adoption by a state-authorized
rulemaking body.
Once a state rule, regulation, or
control strategy is adopted, the state
submits it to us for inclusion into the
approved operating permits program.
We must provide public notice and seek
additional public comment regarding
the proposed Federal action on the state
submission. If adverse comments are
received, they must be addressed prior
to any final Federal action by us.
All state regulations and supporting
information approved by EPA under
section 502 of the CAA, including
revisions to the state program, are
included in the Federally-approved
operating permits program. Records of
such actions are maintained in the CFR
at Title 40, part 70, appendix A, entitled
‘‘Approval Status of State and Local
Operating Permits Programs.’’
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What is being addressed in this
document?
This rule revision modifies
requirements for certain types of grain
elevators by adding a new rule to the
Iowa Administrative Code (IAC) with
special requirements for these facilities.
The rule amendments define each type
of facility, and also specify the
permitting requirements, emissions
calculation methodology, emissions
reporting and record keeping, and best
management practices for controlling air
pollution. A particulate matter (PM)
emission standard for bin vents located
at country grain elevators is described in
subrule 23.4(7). Affected facilities are
also required to comply with the
fugitive dust standard to further
minimize emissions. The deadline for
affected facilities to comply with the
new requirements was March 31, 2008.
The associated definitions are being
revised or added to IAC 567 Chapters 20
and 22 as follows: Country grain
elevator, country grain terminal
elevator, feed mill equipment, grain,
grain processing, grain storage elevator,
grain terminal elevator, permanent
storage capacity and potential to emit.
The new rule added into IAC 567
Chapter 22.10(455B) applies to
permitting requirements for country
grain elevators, country grain terminal
elevators, grain terminal elevators and
feed mill equipment. Compliance with
the new requirements does not alleviate
any affected person’s duty to comply
with any applicable state or Federal
regulations. In particular, the emission
standards set forth in 567 Chapter 23,
including the regulations for grain
elevators contained in 40 CFR Part 60
Subpart DD, as adopted by the state,
may apply.
Also added to IAC 567–22.10(455B)
are methods for calculating potential to
emit (PTE) for PM and PM10 for the four
subject facilities: Country grain
elevators; country grain terminal
elevators; grain terminal elevators, and
feed mill equipment.
Grain elevators are classified in four
groups as follows: Group 1—facilities
with PTE less than 15 tons per year
(tpy); Group 2—facilities with PTE
greater than or equal to 15 tpy and less
than or equal to 50 tpy; Group 3—
facilities with PTE more than 50 tpy and
not more than 100 tpy, and Group 4—
facilities that emit greater than or equal
to 100 tpy.
These categories of grain elevators are
described below. As explained below,
EPA has reviewed the rules changes and
has determined that they do not result
in an impermissible relaxation of the
SIP under CAA Section 110(l).
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An owner or operator of a Group 1
facility is required to provide
registration with PTE calculations and
to retain a record of the previous five
calendar years of total annual grain
handled. The calculation of the facility’s
potential PM10 is required to be
submitted to IDNR annually by January
31 for the previous calendar year. If
additions, removals or modifications to
equipment are performed, emissions
will be calculated prior to any changes
and if emissions increase to 15 tpy or
more, the owner or operator shall
comply with requirements set forth in
Groups 2 to 4 as applicable prior to
making the additions, removals or
modifications. The same procedures
will apply if the owner or operator
changes the facility classification or
permanent grain storage capacity.
The owner or operator of a Group 2
facility, in lieu of obtaining sourcespecific air construction permits for
each piece of emissions equipment, may
submit a Group 2 permit application
with PTE calculations on IDNRprovided forms; and, if qualified, may
operate under a permit by rule. If one
or more construction permits exist, it
remains in full force and effect and is
not invalidated by subsequent submittal
of a Group 2 permit application
pursuant to this rule. Restrictions on
equipment included in a previouslyissued construction permit may be
incorporated into a Group 2 permit on
a case-by-case basis by IDNR. Records
will be maintained as specified in the
Group 2 permit. If additions, removals,
or modifications to equipment are
performed, emissions changes due to
these actions will be calculated prior to
any changes; and if emissions increase
beyond 50 tpy or more, the owner or
operator must comply with
requirements set forth in Groups 3 or 4
(source categories requiring sourcespecific permits, as discussed below) as
applicable, prior to making the
additions, removals or modifications. As
with Group 1, the same procedures will
apply if the owner or operator changes
the facility classification or permanent
grain storage capacity.
The owner or operator of a Group 3
facility must obtain the required sourcespecific construction permits as
specified under existing subrule 22.1(1).
Owners or operators of new facilities
must obtain the required permits prior
to construction or reconstruction of a
facility. Records will be maintained as
specified in the Group 3 permit. If
additions, removals or modifications to
equipment are performed, emissions
will be calculated prior to any changes;
and, if emissions increase to 100 tpy or
more, the owner or operator must
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comply with the requirements set forth
for Group 4 facilities, as applicable,
prior to making the additions, removals
or modifications. The same procedures
will apply if the owner or operator
changes the facility classification or
permanent grain storage capacity. If the
PTE for PM or PM10 triggers major
source permitting, the owner or operator
must comply with the requirements of
567 Chapter 33 (PSD) as applicable.
Fugitive emissions as defined in 567–
33.3(1) are included in the PTE
calculation for determining PSD
applicability. The owner or operator
shall keep records of annual grain
handled at the facility and annual PTE
emissions on site for a period of five
years.
The owner or operator of a Group 4
facility is required to obtain sourcespecific construction permits as
specified under subrule 22.1(1) in the
current SIP. The owner or operator of a
new facility shall obtain the required
permits prior to construction or
reconstruction of a facility. Records will
be maintained as specified in the Group
4 permit. If the PTE for PM or PM10
triggers major source permitting, the
owner or operator must comply with the
requirements of 567 Chapter 33 (PSD) as
applicable. Fugitive emissions as
defined in 567–33.3(1) are included in
the PTE calculation for determining PSD
applicability. The owner or operator
shall keep records of annual grain
handled at the facility and annual PTE
emissions on site for a period of five
years. The owner or operator of a Group
4 facility shall apply for an operating
permit for the facility if the annual PTE
for PM or PM10 is equal to or greater
than 100 tpy as specified in rules 567–
22.100(455B) through 567–
22.300(455B), which are part of the
currently-approved Title V program.
Fugitive emissions in the calculations
will be included if the PTE for PM10 is
greater than 100 tpy.
The rule revision means that Group 1
sources (sources emitting less than 15
tpy of PM or PM10) will not be required
to obtain source-specific permits if they
adequately demonstrate that emissions
are less than that threshold. The state
has submitted a demonstration that
grain elevators of this size would not
adversely impact air quality. EPA
believes the state has shown that
sources of this size would not be
expected to adversely impact air quality.
Group 2 sources (sources emitting
between 15 and 50 tpy) are not required
to obtain source-specific permits if they
operate in accordance with the
requirements of the rule (for example,
requiring implementation of best
management practices for controlling
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particulate matter emissions). These
sources obtain standardized permits.
The state retains the ability to require
source-specific air quality analyses from
these sources if the Group 2 application,
or other information, indicates that a
particular source might adversely
impact air quality. EPA concludes there
are sufficient safeguards in the rule to
ensure that Group 2 sources will not
adversely impact air quality.
The rule requires that Groups 3 and
4 sources obtain traditional sourcespecific permits. Therefore, there is no
substantive change from the current SIP
for sources in these groups.
As feed mill equipment does not fall
under the grain elevator classifications,
a separate section of the new rule sets
forth the requirements with regard to
permitting, emissions inventory,
operating permits, and prevention of
significant deterioration applicability.
These requirements generally entail no
change from the current SIP.
EPA is also approving a revision to
Chapter 23 of the IAC with regard to
grain handling and processing plants.
The revision states that the owner or
operator of equipment at a permanent
installation shall not cause, allow or
permit the particulate matter discharged
to the atmosphere to exceed 0.1 grain
per dry standard cubic foot of exhaust
gas with the following exception:
Particulate matter discharged to the
atmosphere from a grain bin vent at a
country grain elevator shall not exceed
1.0 grain per dry standard cubic foot of
exhaust gas; particulate matter
discharged from a grain bin vent at a
country grain terminal elevator or a
grain terminal elevator constructed
before March 31, 2008, shall not exceed
1.0 grain per dry standard cubic foot of
exhaust gas, and particulate matter
discharged from a grain bin vent at a
country grain terminal elevator or a
grain terminal elevator constructed after
March 31, 2008, shall not exceed 0.1
grain per dry standard cubic foot of
exhaust gas. IDNR provided an analysis
of PM emissions which showed that PM
emissions would be less than 5 tpy at a
facility with 35 million bushels per year
throughput rate. The throughput is on
the upper end of the throughput range
for the majority of the grain elevators
that will be affected by the rules; and
based on the analysis of PM emissions,
the revision would not be expected to
adversely impact air quality. EPA has
determined that the state’s analysis of
this rule change meets the requirements
of CAA section 110(l).
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49953
Have the requirements for approval of
a SIP revision and a Part 70 revision
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
technical support document which is
part of this docket, these revisions meet
the substantive SIP requirements of the
CAA, including section 110 and
implementing regulations. These
revisions are minor clarifications,
updates, and corrections which do not
affect the stringency of existing
requirements. These revisions are also
consistent with applicable EPA
requirements in Title V of the CAA and
40 CFR Part 70.
What action is EPA taking?
EPA is approving the request to
amend the Iowa SIP and Operating
Permits Program to approve the
modification of requirements for certain
types of grain elevators. These
modifications will not adversely affect
the air quality in the state of Iowa and
will not relax the SIP. The state
provided adequate justification to this
effect. We are processing this action as
a direct final action because the
revisions make routine changes to the
existing rules which are
noncontroversial. Therefore, we do not
anticipate any adverse comments.
Please note that if EPA receives adverse
comment on part of this rule and if that
part can be severed from the remainder
of the rule, EPA may adopt as final
those parts of the rule that are not the
subject of an adverse comment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it approves a
state rule implementing a Federal
standard.
In reviewing SIP and Title V
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. In this context,
in the absence of a prior existing
requirement for the State to use
voluntary consensus standards (VCS),
EPA has no authority to disapprove a
SIP submission for failure to use VCS.
It would thus be inconsistent with
applicable law for EPA, when it reviews
a SIP submission, to use VCS in place
of a SIP submission that otherwise
satisfies the provisions of the CAA.
Thus, the requirements of section 12(d)
of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 rule 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 October 24, 2008. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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
Administrative practice and
procedure, Air pollution control,
Intergovernmental relations, Operating
permits, Reporting and recordkeeping
requirements.
Dated: August 15, 2008.
John B. Askew,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. In § 52.820(c) the table is amended
by:
I a. Revising entries for 567–20.2; 567–
22.1 and 567–23.4; and
I b. Adding in numerical order 567–
22.10.
The revisions and addition read as
follows:
I
§ 52.820
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State effective
date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission [567]
Chapter 20—Scope of Title—Definitions—Forms—Rules of Practice
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odorous substance
source are not SIP approved.
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EPA-APPROVED IOWA REGULATIONS—Continued
Title
*
*
State effective
date
EPA approval date
*
Iowa citation
*
*
Explanation
*
*
Chapter 22—Controlling Pollution
567–22.1 ......................................
*
Permits Required for New or Existing Stationary Sources.
*
*
567–22.10 ....................................
*
03/19/2008
*
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Permitting
Requirements
for
Country Grain Elevators, Country Grain Terminal Elevators,
Grain Terminal Elevators and
Feed Mill Equipment.
*
08/25/2008 [insert FR
page number where the
document begins].
*
03/19/2008
*
*
08/25/2008 [insert FR
page number where the
document begins].
*
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Chapter 23—Emission Standards for Contaminants
*
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Specific Processes ......................
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*
03/19/2008
08/25/2008 [insert FR
page number where the
document begins].
*
*
41 CFR Part 102–192
3. The authority citation for part 70
continues to read as follows:
I
[FMR Amendment 2008–06; FMR Case
2003–102–1; Docket 2008–0001; Sequence
4]
Authority: 42 U.S.C. 7401 et seq.
4. Appendix A to Part 70 is amended
by adding paragraph (j) under ‘‘Iowa’’ to
read as follows:
I
RIN 3090–AH13
Federal Management Regulation; FMR
Case 2003–102–1; Mail Management
Office of Governmentwide
Policy, GSA.
ACTION: Final rule.
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
AGENCY:
*
SUMMARY: The General Services
Administration is amending the Federal
Management Regulation (FMR) by
revising the current mail management
policy. This final rule incorporates
changes made to the current interim
rule.
*
*
*
*
*
*
*
*
Iowa
*
(j) The Iowa Department of Natural
Resources submitted for program approval
rule 567–22.100(455B) on April 8, 2008. The
state effective date was March 19, 2008.
These revisions to the Iowa program are
approved effective October 24, 2008.
*
*
*
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*
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This final rule is effective August
25, 2008.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Derrick
Miliner, Office of Governmentwide
Policy, Mail Management Policy, at
(202) 273–3564, or e-mail at
derrick.miliner@gsa.gov. The Regulatory
Secretariat, Room 4041, GS Building,
Washington, DC 20405, at (202) 501–
4755 for information pertaining to status
or publication schedules. Please cite
FMR case 2003–102–1.
DATES:
PO 00000
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SUPPLEMENTARY INFORMATION:
GENERAL SERVICES
ADMINISTRATION
PART 70—[AMENDED]
Subrule 23.4(10) is not
SIP-approved.
A. Background
On May 29, 2001, the General
Services Administration (GSA)
published a proposed rule for mail
management in the Federal Register (66
FR 29067). After considering all
comments received on the proposed
rule, GSA published an interim rule for
mail management in the Federal
Register, which was effective on its
publication date, June 6, 2002 (67 FR
38896).
GSA chose to publish an interim rule
in 2002 because we recognized that
experience would identify some
elements of the interim rule that would
need to be changed. This final rule
reflects that experience.
The significant changes between this
final rule and the interim rule are:
1. This final rule removes Appendix
A, titled ‘‘Large Agency Mailers.’’ The
list of agencies that qualify as large, as
defined in this regulation, changes
slightly every year. GSA has
determined, therefore, that it is better to
publish this list on its web site,
www.gsa.gov/mailpolicy, rather than in
this regulation.
2. This final rule removes Appendix
B titled ‘‘Mail Center Security Plan.’’
GSA has determined that this final rule
should contain only the basic
requirements for security plans, and that
any additional guidance should be
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[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Rules and Regulations]
[Pages 49950-49955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19519]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2008-0403; FRL-8707-7]
Approval and Promulgation of Implementation Plans and Operating
Permits Program; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Iowa State Implementation
Plan (SIP) and Operating Permits Program submitted by the state of Iowa
for the purpose of modifying and clarifying requirements for certain
types of grain elevators. Specifically, the new rule revises the SIP to
add special requirements for grain elevators, and the associated
chapters for definitions and emission standards will be revised
accordingly. The Iowa Department of Natural Resources (IDNR) is
requiring that owners or operators of grain elevators apply best
management
[[Page 49951]]
practices and comply with the fugitive dust standard, as well as
emission controls specified in required construction permits. These
strategies will protect the ambient air and minimize the impact of
emissions from each of the facilities.
DATES: This direct final rule will be effective October 24, 2008,
without further notice, unless EPA receives adverse comment by
September 24, 2008. If EPA receives adverse comment, we will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2008-0403, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: Hamilton.heather@epa.gov.
3. Mail or Hand Delivery: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2008-0403. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through https://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. 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, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's
official hours of business are Monday through Friday, 8 to 4:30
excluding Federal holidays. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton at (913) 551-7039, or
by e-mail at Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is a Part 70 operating permits program?
What is the Federal approval process for the operating permits
program?
What is being addressed in this document?
Have the requirements for approval of a SIP revision and a Part 70
revision been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What is the Federal approval process for a SIP?
In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.
What does Federal approval of a state regulation mean to me?
Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What is the Part 70 operating permits program?
The CAA Amendments of 1990 require all states to develop operating
permits programs that meet certain Federal criteria. In implementing
this program, the states are to require certain sources of air
pollution to obtain permits that contain all applicable requirements
under the CAA. One purpose of the part 70 operating permits program is
to improve enforcement by issuing each source a single permit that
[[Page 49952]]
consolidates all of the applicable CAA requirements into a Federally-
enforceable document. By consolidating all of the applicable
requirements for a facility into one document, the source, the public,
and the permitting authorities can more easily determine what CAA
requirements apply and how compliance with those requirements is
determined.
Sources required to obtain an operating permit under this program
include ``major'' sources of air pollution and certain other sources
specified in the CAA or in our implementing regulations. For example,
all sources regulated under the acid rain program, regardless of size,
must obtain permits. Examples of major sources include those that emit
100 tons per year or more of volatile organic compounds, carbon
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10;
those that emit 10 tons per year of any single hazardous air pollutant
(HAP) (specifically listed under the CAA); or those that emit 25 tons
per year or more of a combination of HAPs.
Revisions to the state operating permits program are also subject
to public notice, comment, and our approval.
What is the Federal approval process for an operating permits program?
In order for state regulations to be included in the Federally-
enforceable Title V operating permits program, states must formally
adopt regulations consistent with state and Federal requirements. This
process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the approved operating
permits program. We must provide public notice and seek additional
public comment regarding the proposed Federal action on the state
submission. If adverse comments are received, they must be addressed
prior to any final Federal action by us.
All state regulations and supporting information approved by EPA
under section 502 of the CAA, including revisions to the state program,
are included in the Federally-approved operating permits program.
Records of such actions are maintained in the CFR at Title 40, part 70,
appendix A, entitled ``Approval Status of State and Local Operating
Permits Programs.''
What is being addressed in this document?
This rule revision modifies requirements for certain types of grain
elevators by adding a new rule to the Iowa Administrative Code (IAC)
with special requirements for these facilities. The rule amendments
define each type of facility, and also specify the permitting
requirements, emissions calculation methodology, emissions reporting
and record keeping, and best management practices for controlling air
pollution. A particulate matter (PM) emission standard for bin vents
located at country grain elevators is described in subrule 23.4(7).
Affected facilities are also required to comply with the fugitive dust
standard to further minimize emissions. The deadline for affected
facilities to comply with the new requirements was March 31, 2008.
The associated definitions are being revised or added to IAC 567
Chapters 20 and 22 as follows: Country grain elevator, country grain
terminal elevator, feed mill equipment, grain, grain processing, grain
storage elevator, grain terminal elevator, permanent storage capacity
and potential to emit.
The new rule added into IAC 567 Chapter 22.10(455B) applies to
permitting requirements for country grain elevators, country grain
terminal elevators, grain terminal elevators and feed mill equipment.
Compliance with the new requirements does not alleviate any affected
person's duty to comply with any applicable state or Federal
regulations. In particular, the emission standards set forth in 567
Chapter 23, including the regulations for grain elevators contained in
40 CFR Part 60 Subpart DD, as adopted by the state, may apply.
Also added to IAC 567-22.10(455B) are methods for calculating
potential to emit (PTE) for PM and PM10 for the four subject
facilities: Country grain elevators; country grain terminal elevators;
grain terminal elevators, and feed mill equipment.
Grain elevators are classified in four groups as follows: Group 1--
facilities with PTE less than 15 tons per year (tpy); Group 2--
facilities with PTE greater than or equal to 15 tpy and less than or
equal to 50 tpy; Group 3--facilities with PTE more than 50 tpy and not
more than 100 tpy, and Group 4--facilities that emit greater than or
equal to 100 tpy.
These categories of grain elevators are described below. As
explained below, EPA has reviewed the rules changes and has determined
that they do not result in an impermissible relaxation of the SIP under
CAA Section 110(l).
An owner or operator of a Group 1 facility is required to provide
registration with PTE calculations and to retain a record of the
previous five calendar years of total annual grain handled. The
calculation of the facility's potential PM10 is required to
be submitted to IDNR annually by January 31 for the previous calendar
year. If additions, removals or modifications to equipment are
performed, emissions will be calculated prior to any changes and if
emissions increase to 15 tpy or more, the owner or operator shall
comply with requirements set forth in Groups 2 to 4 as applicable prior
to making the additions, removals or modifications. The same procedures
will apply if the owner or operator changes the facility classification
or permanent grain storage capacity.
The owner or operator of a Group 2 facility, in lieu of obtaining
source-specific air construction permits for each piece of emissions
equipment, may submit a Group 2 permit application with PTE
calculations on IDNR-provided forms; and, if qualified, may operate
under a permit by rule. If one or more construction permits exist, it
remains in full force and effect and is not invalidated by subsequent
submittal of a Group 2 permit application pursuant to this rule.
Restrictions on equipment included in a previously-issued construction
permit may be incorporated into a Group 2 permit on a case-by-case
basis by IDNR. Records will be maintained as specified in the Group 2
permit. If additions, removals, or modifications to equipment are
performed, emissions changes due to these actions will be calculated
prior to any changes; and if emissions increase beyond 50 tpy or more,
the owner or operator must comply with requirements set forth in Groups
3 or 4 (source categories requiring source-specific permits, as
discussed below) as applicable, prior to making the additions, removals
or modifications. As with Group 1, the same procedures will apply if
the owner or operator changes the facility classification or permanent
grain storage capacity.
The owner or operator of a Group 3 facility must obtain the
required source-specific construction permits as specified under
existing subrule 22.1(1). Owners or operators of new facilities must
obtain the required permits prior to construction or reconstruction of
a facility. Records will be maintained as specified in the Group 3
permit. If additions, removals or modifications to equipment are
performed, emissions will be calculated prior to any changes; and, if
emissions increase to 100 tpy or more, the owner or operator must
[[Page 49953]]
comply with the requirements set forth for Group 4 facilities, as
applicable, prior to making the additions, removals or modifications.
The same procedures will apply if the owner or operator changes the
facility classification or permanent grain storage capacity. If the PTE
for PM or PM10 triggers major source permitting, the owner
or operator must comply with the requirements of 567 Chapter 33 (PSD)
as applicable. Fugitive emissions as defined in 567-33.3(1) are
included in the PTE calculation for determining PSD applicability. The
owner or operator shall keep records of annual grain handled at the
facility and annual PTE emissions on site for a period of five years.
The owner or operator of a Group 4 facility is required to obtain
source-specific construction permits as specified under subrule 22.1(1)
in the current SIP. The owner or operator of a new facility shall
obtain the required permits prior to construction or reconstruction of
a facility. Records will be maintained as specified in the Group 4
permit. If the PTE for PM or PM10 triggers major source
permitting, the owner or operator must comply with the requirements of
567 Chapter 33 (PSD) as applicable. Fugitive emissions as defined in
567-33.3(1) are included in the PTE calculation for determining PSD
applicability. The owner or operator shall keep records of annual grain
handled at the facility and annual PTE emissions on site for a period
of five years. The owner or operator of a Group 4 facility shall apply
for an operating permit for the facility if the annual PTE for PM or
PM10 is equal to or greater than 100 tpy as specified in
rules 567-22.100(455B) through 567-22.300(455B), which are part of the
currently-approved Title V program. Fugitive emissions in the
calculations will be included if the PTE for PM10 is greater
than 100 tpy.
The rule revision means that Group 1 sources (sources emitting less
than 15 tpy of PM or PM10) will not be required to obtain
source-specific permits if they adequately demonstrate that emissions
are less than that threshold. The state has submitted a demonstration
that grain elevators of this size would not adversely impact air
quality. EPA believes the state has shown that sources of this size
would not be expected to adversely impact air quality.
Group 2 sources (sources emitting between 15 and 50 tpy) are not
required to obtain source-specific permits if they operate in
accordance with the requirements of the rule (for example, requiring
implementation of best management practices for controlling particulate
matter emissions). These sources obtain standardized permits. The state
retains the ability to require source-specific air quality analyses
from these sources if the Group 2 application, or other information,
indicates that a particular source might adversely impact air quality.
EPA concludes there are sufficient safeguards in the rule to ensure
that Group 2 sources will not adversely impact air quality.
The rule requires that Groups 3 and 4 sources obtain traditional
source-specific permits. Therefore, there is no substantive change from
the current SIP for sources in these groups.
As feed mill equipment does not fall under the grain elevator
classifications, a separate section of the new rule sets forth the
requirements with regard to permitting, emissions inventory, operating
permits, and prevention of significant deterioration applicability.
These requirements generally entail no change from the current SIP.
EPA is also approving a revision to Chapter 23 of the IAC with
regard to grain handling and processing plants. The revision states
that the owner or operator of equipment at a permanent installation
shall not cause, allow or permit the particulate matter discharged to
the atmosphere to exceed 0.1 grain per dry standard cubic foot of
exhaust gas with the following exception: Particulate matter discharged
to the atmosphere from a grain bin vent at a country grain elevator
shall not exceed 1.0 grain per dry standard cubic foot of exhaust gas;
particulate matter discharged from a grain bin vent at a country grain
terminal elevator or a grain terminal elevator constructed before March
31, 2008, shall not exceed 1.0 grain per dry standard cubic foot of
exhaust gas, and particulate matter discharged from a grain bin vent at
a country grain terminal elevator or a grain terminal elevator
constructed after March 31, 2008, shall not exceed 0.1 grain per dry
standard cubic foot of exhaust gas. IDNR provided an analysis of PM
emissions which showed that PM emissions would be less than 5 tpy at a
facility with 35 million bushels per year throughput rate. The
throughput is on the upper end of the throughput range for the majority
of the grain elevators that will be affected by the rules; and based on
the analysis of PM emissions, the revision would not be expected to
adversely impact air quality. EPA has determined that the state's
analysis of this rule change meets the requirements of CAA section
110(l).
Have the requirements for approval of a SIP revision and a Part 70
revision 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 technical
support document which is part of this docket, these revisions meet the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. These revisions are minor clarifications,
updates, and corrections which do not affect the stringency of existing
requirements. These revisions are also consistent with applicable EPA
requirements in Title V of the CAA and 40 CFR Part 70.
What action is EPA taking?
EPA is approving the request to amend the Iowa SIP and Operating
Permits Program to approve the modification of requirements for certain
types of grain elevators. These modifications will not adversely affect
the air quality in the state of Iowa and will not relax the SIP. The
state provided adequate justification to this effect. We are processing
this action as a direct final action because the revisions make routine
changes to the existing rules which are noncontroversial. Therefore, we
do not anticipate any adverse comments. Please note that if EPA
receives adverse comment on part of this rule and if that part can be
severed from the remainder of the rule, EPA may adopt as final those
parts of the rule that are not the subject of an adverse comment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements
[[Page 49954]]
under state law and does not impose any additional enforceable duty
beyond that required by state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.
In reviewing SIP and Title V submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 October 24, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.
Dated: August 15, 2008.
John B. Askew,
Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
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(c) the table is amended by:
0
a. Revising entries for 567-20.2; 567-22.1 and 567-23.4; and
0
b. Adding in numerical order 567-22.10.
The revisions and addition read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
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--Forms--Rules of Practice
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
567-20.2.......................... Definitions.......... 03/19/2008 08/25/2008 [insert FR page number The definitions for anaerobic lagoon,
where the document begins]. odor, odorous substance, and odorous
substance source are not SIP
approved.
[[Page 49955]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
--------------------------------------------------------------------------------------------------------------------------------------------------------
567-22.1.......................... Permits Required for 03/19/2008 08/25/2008 [insert FR page number
New or Existing where the document begins].
Stationary Sources.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
567-22.10......................... Permitting 03/19/2008 08/25/2008 [insert FR page number
Requirements for where the document begins].
Country Grain
Elevators, Country
Grain Terminal
Elevators, Grain
Terminal Elevators
and Feed Mill
Equipment.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 23--Emission Standards for Contaminants
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
567-23.4.......................... Specific Processes... 03/19/2008 08/25/2008 [insert FR page number Subrule 23.4(10) is not SIP-approved.
where the document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--[AMENDED]
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 (j) under
``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(j) The Iowa Department of Natural Resources submitted for
program approval rule 567-22.100(455B) on April 8, 2008. The state
effective date was March 19, 2008. These revisions to the Iowa
program are approved effective October 24, 2008.
* * * * *
[FR Doc. E8-19519 Filed 8-22-08; 8:45 am]
BILLING CODE 6560-50-P
