Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Iowa, 68692-68697 [E9-30775]
Download as PDF
<![CDATA[
68692
*
*
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
*
*
*
[FR Doc. E9–30774 Filed 12–28–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2008–0895; FRL–9096–6]
Approval and Promulgation of
Implementation Plans and Operating
Permits Program; State of Iowa
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
cprice-sewell on DSK2BSOYB1PROD with RULES
SUMMARY: EPA is taking direct final
action to approve revisions to the Iowa
State Implementation Plan (SIP) and
Iowa Operating Permits Program
submitted by the State on November 18,
2008. The purpose of these revisions is
to update existing air quality rules;
make corrections, clarifications and
improvements; add information with
regard to control of fugitive dust; clarify
the opacity limit for incinerators; update
Prevention of Significant Deterioration
(PSD) permitting requirements; and add
rules for temporary operation of small
generators during periods of disaster.
EPA is approving the SIP provisions
pursuant to section 110 of the CAA.
EPA is approving the state operating
permits revisions pursuant to section
502 of the CAA and implementing
regulations.
DATES: This direct final rule will be
effective March 1, 2010, without further
notice, unless EPA receives adverse
comment by January 28, 2010. 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–2008–0895, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: casburn.tracey@epa.gov.
3. Mail or Hand Delivery: Tracey
Casburn, 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–
0895. 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://
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
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 a.m. to 4:30 p.m.
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:
Tracey Casburn at (913) 551–7016, or by
e-mail at casburn.tracey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA.
Table of Contents
I. What is being addressed in this document?
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
II. What Part 52 revisions is EPA approving?
A. Definition Changes
B. Construction Permit Exemption for
Temporary Operation of Small
Generators in Disaster Situations
C. Addition of PSD Amendments
D. Addition of PSD Administrative Rule
E. Special Requirements for Major
Stationary Sources Located in Areas
Designated Attainment or Unclassified
F. Changes to Permit Exemption
Requirements for New or Existing
Sources
G. Amendment of Emissions Standards and
Measurement
H. Modification of Notification
Requirements for Portable Plant
Relocations
I. Addition of Vehicle Speed Control as a
Preventative Measure for Fugitive Dust
J. Clarification of Incinerator Provision
K. Cross Reference Connection to the
Construction Permits Rule
III. What Part 70 revisions is EPA approving?
A. Update to Incorporate the Date for EPA
Reference Method
B. Clarification of Title V Permit
Application Provisions
C. Issuance of Multiple Title V Permits
D. Correction of Errors
IV. What revisions is EPA not taking action
on?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The State has revised Chapters 20, 21,
22, 23, 25 and 33 of the State air
pollution control rules promulgated by
the State’s Environmental Protection
Commission. EPA is approving the
revisions described below for the
reasons discussed in this document.
II. What Part 52 revisions is EPA
approving?
A. Definition Changes
In Iowa (IA) Rule 567–20.2 and 567–
33.3(1) the mailing addresses of the
‘‘American Society of Mechanical
Engineers,’’ or ASME, and the
‘‘American Society for Testing and
Materials,’’ or ASTM, are being
removed. The ‘‘EPA Reference Method’’
definition is being revised to update the
amended dates of several appendices as
described under 40 CFR part 60
(Appendices A, B, C and F), 40 CFR part
61 (Appendix B), 40 CFR part 63
(Appendix A) and 40 CFR part 75
(Appendix A, B, F and K). The
definition of ‘‘volatile organic
compound’’ was updated to reflect
recent Federal amendments to exclude
the compound HF–7300 from the list of
compounds that contribute to
tropospheric ozone formation. EPA is
approving these revisions as they are
administrative in nature and do not alter
the stringency of the SIP.
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
B. Construction Permit Exemption for
Temporary Operation of Small
Generators in Disaster Situations
The State added a new rule, IA Rule
567–21.6, to allow utilities to
temporarily operate (generally for no
more than 10 days) small generators for
electricity generation during periods of
natural and man-made disasters. The
rule defines the term ‘‘disaster’’ by
reference to the term as specified in the
Iowa State Code section 29C.2(1). An
owner or operator may install and
operate a generator under this rule with
or without a gubernatorial or Federal
disaster proclamation. The State
submitted technical support
documentation demonstrating that the
exemption would not result in
interference with attainment and
maintenance of the National Ambient
Air Quality Standards (NAAQS). EPA
reviewed that documentation and found
it to be a reasonable representation of
the expected emissions. EPA agrees
with the State’s demonstration that the
emergency generator exemption will not
limit the State’s ability to maintain
compliance with the NAAQS. The
documentation submitted by the State is
included in the docket for this action.
cprice-sewell on DSK2BSOYB1PROD with RULES
C. Addition of PSD Amendments
The State revised its rules, IA Rules
567–33.3(17) and 567–33.3(18), to
address the reopening of the public
comment period if substantial new
issues are raised during the initial
public comment period. These revisions
clarified the public participation
procedures by allowing for the
reopening of the public comment period
when necessary. These provisions add
clarity for those applying for PSD
permits and for those seeking to
comment on draft PSD permits.
Provisions were also added (paragraphs
‘‘c’’ and ‘‘d’’ of IA Rule 567–33.3(18)) to
clarify that a source owner or operator
is subject to enforcement action if a
source is not constructed according to
its PSD application and the PSD permit,
and if a source owner or operator does
not obtain the required PSD permit prior
to construction. These revisions also
clarified the time period allowed for
commencing and completing
construction on PSD projects. EPA is
approving these clarifications as they
are consistent with the Federal PSD
rules in 40 CFR 51.166.
D. Addition of PSD Administrative Rule
The State adopted a new PSD subrule,
IA Rule 567–33.3(21), to add provisions
for administrative amendments such as
typographical errors, word processing
errors, or changes in the name, address,
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
or telephone number of any person
identified in the permit. This provision
adds clarity for those applying for
administrative amendments to PSD
permits. EPA is approving this revision
as it is administrative in nature and
does not alter the stringency of the SIP.
E. Special Requirements for Major
Stationary Sources Located in Areas
Designated Attainment or Unclassified
The State made revisions to a section
of IA Rule 567–22.4 that applies to
special requirements for major
stationary sources located in areas
designated attainment or unclassified
(PSD). The change was made to crossreference from this section of the rule to
the chapter containing the State’s PSD
rules. EPA is approving this revision as
it is administrative in nature and does
not alter the stringency of the SIP.
F. Changes To Permit Exemption
Requirements for New or Existing
Sources
The State made several changes to IA
Rules 567–22.1(2)‘‘r’’, 567–
22.1(2)‘‘w’’(6), 567–22.1(2)‘‘aa,’’ and
567–22.1(2)‘‘nn’’. The State added
information to a minor source (nonPSD) construction permit exemption
clarifying that an internal combustion
engine with a brake horsepower rating
of less than 400 measured at the shaft
may be subject to the new source
performance standard (NSPS) for
stationary compression ignition internal
combustion engines (as set forth in 40
CFR Part 60). The revision further states
that using the exemption does not
relieve the owner or operator from any
obligation to comply with the NSPS
requirements.
The State also corrected an error in
the ‘‘small unit’’ exemption provisions.
The existing subparagraph (numbered
paragraph 8) incorrectly lists the
threshold for a ‘‘substantial small unit’’
for ‘‘any combination of hazardous air
pollutants’’ as 9.375 tons per year. The
amendment corrects the threshold to
3.75 tons per year.
Two corrections were made to
construction permit exemptions. The
first correction, IA Rule 567–
22.1(2)‘‘aa,’’ clarifies that the exemption
for pretreatment application processes
that use aqueous-based chemistries
(wash booths) applies to all
pretreatment wash processes using
aqueous-based chemistries and not just
processes preparing a substrate for an
organic coating. The second correction,
IA Rule 567–22.1(2)‘‘nn,’’ applies to
emissions from agricultural and
construction internal combustion
engines that are operated only for repair
or maintenance purposes at non-major
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
68693
equipment repair shops or equipment
dealerships. The amendment adds
‘‘emissions from over-the-road truck
internal combustion engines’’ to the
description of emissions covered under
this exemption. This exemption was
inadvertently excluded from the list of
mobile source equipment types
included in the original rulemaking.
EPA is approving these revisions as they
are administrative in nature and do not
alter the stringency of the SIP.
G. Amendment of Emissions Standards
and Measurement
In IA Rule 567–23.1(6)‘‘a’’(2) and
567–25.1(9) revisions were made to
amend the methods and procedures for
stack sampling and associated analytical
methods to include the most recent date
of Federally-approved revisions and
corrected the symbol for ‘‘good
engineering practice stack height.’’ EPA
is approving these clarifications as they
are consistent with the Federal rules.
H. Modification of Notification
Requirements for Portable Plant
Relocations
An amendment to IA Rule 567–
22.3(3)‘‘f’’ reduces the notification
requirement for portable plant
relocations (facilities which have been
previously permitted and are minor
sources) from 30 days prior to relocation
to 14 days prior to relocation. This
change will allow more flexibility for
owners and operators at portable plants,
while still allowing sufficient time for
the Iowa Department of Natural
Resources to conduct air quality
inspections at these portable plants.
This revision does not apply to facility
relocations located in non-attainment
areas or areas that are maintenance for
the NAAQS. The notification
requirement remains at 30 days for
those relocations. EPA is approving this
revision as it is administrative in nature
and does not alter the stringency of the
SIP.
I. Addition of Vehicle Speed Control as
a Preventative Measure for Fugitive Dust
A new provision was added to IA
Rule 23.3(2)‘‘c’’(1) for the control of
fugitive dust to include ‘‘vehicle speed
control’’ as a reasonable precaution to
control the discharge of visible
emissions of fugitive dust beyond the lot
line of property on which emissions are
generated. Fugitive dust generated from
a road or other surface used for vehicle
movement is greatly influenced by the
speed of a vehicle on the surface and
reducing the allowable speed is a
reasonable method to help control the
discharge of visible fugitive dust
emissions. EPA is approving this
E:\FR\FM\29DER1.SGM
29DER1
68694
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
revision as it does not alter the
stringency of the SIP.
J. Clarification of Incinerator Provision
In IA Rule 567–23.4(12), the State
clarified the visible emissions (opacity)
limit for incinerators. The limit is 40
percent and the rules are intended to
allow incinerators to exhibit no greater
than 60 percent opacity in the case of an
operation breakdown or the cleaning of
control equipment for specified periods
of time. The amendment clarifies that
this 60 percent opacity limit applies in
such instances. The amendment also
includes minor editorial changes. EPA
approves this revision solely because it
corrects an error in the prior rule which
allowed sources to emit above 60
percent opacity during breakdown or
cleaning of control equipment.
K. Cross Reference Connection to the
Construction Permits Rule
IA Rule 567–22.207(1) was amended
to correct the cross reference to subrule
567–22.105(1) which includes the ‘‘duty
to apply’’ provisions for the Title V
Operating Permits Program. EPA is
approving this revision as it is
administrative in nature and does not
alter the stringency of the SIP.
III. What Part 70 revisions is EPA
approving?
cprice-sewell on DSK2BSOYB1PROD with RULES
A. Update To Incorporate the Date for
EPA Reference Method
In IA Rule 567–22.100 the state
amended the definition of ‘‘EPA
reference method’’ to reflect Federal
amendments to EPA reference methods.
EPA is approving this revision as it is
consistent with Federal requirements.
B. Clarification of Title V Permit
Application Provisions
Several revisions were made to IA
Rule 547–22.105(1)‘‘a’’ except (9), 567–
22.110, and 567–22.116(2) in the Iowa
Operating Permits Program. The ‘‘duty
to apply’’ was revised to provide a better
description of application forms for the
Title V facility owners or operators who
must submit timely applications,
revisions and notifications. The term
‘‘off-permit revision’’ was added in
another section of the Operating Permits
Program that is sometimes used to refer
to a change at a Title V source that does
not require a revision to the current
Title V permit. One sentence was
removed from subrule 22.116(2). This
sentence required testing to be
completed prior to the submission of an
application for a Title V permit. This
sentence is no longer needed because
the State has established procedures,
such as compliance plan requirements,
to address compliance testing. EPA is
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
approving these revisions as they are
administrative in nature and do not alter
the stringency of the State’s Operating
Permits Program.
C. Issuance of Multiple Title V Permits
The State added a subrule, IA Rule
567–22.105(5), that allows a source to
obtain more than one Title V permit
under certain circumstances. The
appropriateness of this approach will be
reviewed by the State prior to issuance.
EPA is approving this revision as it is
consistent with Federal requirements
and does not alter the stringency of the
Operating Permits Program.
D. Correction of Errors
The State added a subrule, IA Rule
567–22.106(8), that requires owners or
operators to submit revised forms as
soon as possible after an error is
discovered, or upon notification of an
error by the State, in a Title V emissions
inventory or Title V fee payment. EPA
is approving this revision as it is
consistent with Federal requirements
and does not alter the stringency of the
Operating Permits Program.
IV. What revisions is EPA not taking
action on?
The State’s submittal included
revisions to certain parts of the Acid
Rain Program to include the most recent
revisions of Federally-approved
rulemakings. EPA is taking no action on
the provisions related to the Acid Rain
Program because the State’s Acid Rain
rules are not part of the State’s SIP or
Title V program.
The State added a provision to
portions of IA Rule 567–21.1(3), 567–
21.1(4), 567–22.1(3), 567–
22.105(1)‘‘a’’(9), and 567–22.106(3)‘‘b’’
to allow for the submittal of emissions
inventory information and new or
modified construction permit
applications (unless a conditional
permit is required) in an electronic
format. EPA is not acting on any
provision allowing electronic submittal
of information. In order for EPA to
approve provisions that allow for the
electronic submittal of information, the
State must seek and obtain approval
from EPA of its electronic document
receiving system consistent with the
Cross-Media Electronic Reporting Rule
found at 40 CFR Part 3.
V. What action is EPA taking?
EPA is approving the request to
amend the Iowa SIP and the Iowa
Operating Permits Program. The
revisions pertain to routine updates,
corrections, clarifications and
improvements as listed previously in
this document. These modifications will
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
not adversely affect air quality and will
not relax the SIP. The State has
provided adequate justification where
certain revisions could result in
emissions increases. EPA is not taking
action on the revisions to the Acid Rain
Program or the revisions pertaining to
‘‘electronic submittal.’’
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. The revisions meet the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations. These
revisions are also consistent with
applicable EPA requirements in Title V
of the CAA and 40 CFR part 70.
EPA is 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.
VI. 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
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
E:\FR\FM\29DER1.SGM
29DER1
68695
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
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 State 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 State submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA when it reviews a State
submission, to use VCS in place of a
State 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 March 1, 2010. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the final
rulemaking. 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: December 15, 2009.
William Rice,
Acting Regional Administrator, Region 7.
Chapter I, Title 40 of the Code of
Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. In § 52.820(c) the table is amended
by:
■ a. Revising the entries for 567–20.2,
567–22.1, 567–22.3, 567–22.4, 567–
22.207, 567–23.1, 567–23.3, 567–23.4,
567–25.1, and 567–33.3; and
■ b. Adding in numerical order an entry
for 567–21.6.
The revisions and addition read as
follows:
■
§ 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
cprice-sewell on DSK2BSOYB1PROD with RULES
*
567–20.2 ....................
*
*
*
*
Definitions .............................................................
*
*
10/15/08
*
*
*
12/29/09 [insert FR
page number where
the document begins].
*
*
Chapter 21—Compliance
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
E:\FR\FM\29DER1.SGM
29DER1
*
The definitions for anaerobic lagoon, odor,
odorous substance,
odorous substance
and greenhouse gas
are not SIP approved.
*
68696
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
State effective
date
Iowa citation
Title
*
567–21.6 ....................
*
*
*
Temporary Electricity Generation for Disaster
Situations.
10/15/08
EPA approval date
Explanation
*
*
12/29/09 [insert FR
page number where
the document begins].
*
Chapter 22—Controlling Pollution
567–22.1 ....................
Permits required for New or Existing Stationary
Sources.
6/11/08
*
567–22.3 ....................
*
*
*
Issuing Permits .....................................................
10/15/08
567–22.4 ....................
Special Requirements for Major Stationary
Sources Located in Areas Designated Attainment or Unclassified (PSD).
*
567–22.207 ................
*
*
*
Relation to Construction Permits .........................
*
*
*
12/29/09 [insert FR
page number where
the document begins].
Electronic submittal referred to in 22.1(3) is
not SIP approved.
*
*
12/29/09 [insert FR
page number where
the document begins].
6/11/08 12/29/09 [insert FR
page number where
the document begins].
*
*
*
12/29/09 [insert FR
page number where
the document begins].
*
*
*
10/15/08
*
*
Chapter 23—Emission Standards for Contaminants
567–23.1 ....................
Emission Standards .............................................
6/11/08
*
567–23.3 ....................
*
*
*
Specific Contaminants ..........................................
567–23.4 ....................
Specific Processes ...............................................
*
*
12/29/09 [insert FR
page number where
the document begins].
6/11/08 12/29/09 [insert FR
page number where
the document begins].
*
*
*
12/29/09 [insert FR
page number where
the document begins].
6/11/08
*
*
Subrules 23.1(2)–(5) are
not SIP approved.
*
Subrule 23.3(3) ‘‘d’’ is
not SIP approved.
Subrule 23.4(10) is not
SIP approved.
*
*
Chapter 25—Measurement of Emissions
567–25.1 ....................
Testing and Sampling of New and Existing
Equipment.
*
*
*
10/15/08
*
12/29/09 [insert FR
page number where
the document begins].
*
*
*
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
*
*
567–33.3 ....................
cprice-sewell on DSK2BSOYB1PROD with RULES
*
*
*
*
*
*
Special construction permit requirements for
major stationary sources in areas designated
attainment or unclassified (PSD).
*
*
*
*
*
*
4. Appendix A to part 70 is amended
by adding paragraph (k) under Iowa to
read as follows:
Jkt 220001
*
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Program
*
*
*
*
*
*
*
*
Iowa
*
Authority: 42 U.S.C. 7401 et seq.
15:16 Dec 28, 2009
*
*
3. The authority citation for part 70
continues to read as follows:
■
*
12/29/09 [insert FR
page number where
the document begins].
*
■
PART 70—[AMENDED]
VerDate Nov<24>2008
10/15/08
*
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
(k) The Iowa Department of Natural
Resources submitted for program approval
rules 567–22.100, 567–22.105(1)‘‘a’’, except
subparagraph (9); new subrules 567–
22.105(5) and 567–22.106(8); 567–22.110,
and 567–22.116 on November 18, 2008. The
state effective dates were October 15, 2008.
These revisions to the Iowa program are
approved effective March 1, 2010.
*
*
*
*
*
[FR Doc. E9–30775 Filed 12–28–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–8109]
Suspension of Community Eligibility
cprice-sewell on DSK2BSOYB1PROD with RULES
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
VerDate Nov<24>2008
15:16 Dec 28, 2009
Jkt 220001
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59. Accordingly, the communities will
be suspended on the effective date in
the third column. As of that date, flood
insurance will no longer be available in
the community. However, some of these
communities may adopt and submit the
required documentation of legally
enforceable floodplain management
measures after this rule is published but
prior to the actual suspension date.
These communities will not be
suspended and will continue their
eligibility for the sale of insurance. A
notice withdrawing the suspension of
the communities will be published in
the Federal Register.
In addition, FEMA has identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may legally be provided for
construction or acquisition of buildings
in identified SFHAs for communities
not participating in the NFIP and
identified for more than a year, on
FEMA’s initial flood insurance map of
the community as having flood-prone
areas (section 202(a) of the Flood
Disaster Protection Act of 1973, 42
U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary
because communities listed in this final
rule have been adequately notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
68697
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits flood insurance coverage
unless an appropriate public body
adopts adequate floodplain management
measures with effective enforcement
measures. The communities listed no
longer comply with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the communities unless
remedial action takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
■
PART 64—[AMENDED]
1. The authority citation for part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
E:\FR\FM\29DER1.SGM
29DER1
]]>Agencies
[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68692-68697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30775]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2008-0895; FRL-9096-6]
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 taking direct final action to approve revisions to the
Iowa State Implementation Plan (SIP) and Iowa Operating Permits Program
submitted by the State on November 18, 2008. The purpose of these
revisions is to update existing air quality rules; make corrections,
clarifications and improvements; add information with regard to control
of fugitive dust; clarify the opacity limit for incinerators; update
Prevention of Significant Deterioration (PSD) permitting requirements;
and add rules for temporary operation of small generators during
periods of disaster. EPA is approving the SIP provisions pursuant to
section 110 of the CAA. EPA is approving the state operating permits
revisions pursuant to section 502 of the CAA and implementing
regulations.
DATES: This direct final rule will be effective March 1, 2010, without
further notice, unless EPA receives adverse comment by January 28,
2010. 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-2008-0895, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: casburn.tracey@epa.gov.
3. Mail or Hand Delivery: Tracey Casburn, 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-
2008-0895. 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 a.m. to 4:30
p.m. 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: Tracey Casburn at (913) 551-7016, or
by e-mail at casburn.tracey@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to the EPA.
Table of Contents
I. What is being addressed in this document?
II. What Part 52 revisions is EPA approving?
A. Definition Changes
B. Construction Permit Exemption for Temporary Operation of
Small Generators in Disaster Situations
C. Addition of PSD Amendments
D. Addition of PSD Administrative Rule
E. Special Requirements for Major Stationary Sources Located in
Areas Designated Attainment or Unclassified
F. Changes to Permit Exemption Requirements for New or Existing
Sources
G. Amendment of Emissions Standards and Measurement
H. Modification of Notification Requirements for Portable Plant
Relocations
I. Addition of Vehicle Speed Control as a Preventative Measure
for Fugitive Dust
J. Clarification of Incinerator Provision
K. Cross Reference Connection to the Construction Permits Rule
III. What Part 70 revisions is EPA approving?
A. Update to Incorporate the Date for EPA Reference Method
B. Clarification of Title V Permit Application Provisions
C. Issuance of Multiple Title V Permits
D. Correction of Errors
IV. What revisions is EPA not taking action on?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The State has revised Chapters 20, 21, 22, 23, 25 and 33 of the
State air pollution control rules promulgated by the State's
Environmental Protection Commission. EPA is approving the revisions
described below for the reasons discussed in this document.
II. What Part 52 revisions is EPA approving?
A. Definition Changes
In Iowa (IA) Rule 567-20.2 and 567-33.3(1) the mailing addresses of
the ``American Society of Mechanical Engineers,'' or ASME, and the
``American Society for Testing and Materials,'' or ASTM, are being
removed. The ``EPA Reference Method'' definition is being revised to
update the amended dates of several appendices as described under 40
CFR part 60 (Appendices A, B, C and F), 40 CFR part 61 (Appendix B), 40
CFR part 63 (Appendix A) and 40 CFR part 75 (Appendix A, B, F and K).
The definition of ``volatile organic compound'' was updated to reflect
recent Federal amendments to exclude the compound HF-7300 from the list
of compounds that contribute to tropospheric ozone formation. EPA is
approving these revisions as they are administrative in nature and do
not alter the stringency of the SIP.
[[Page 68693]]
B. Construction Permit Exemption for Temporary Operation of Small
Generators in Disaster Situations
The State added a new rule, IA Rule 567-21.6, to allow utilities to
temporarily operate (generally for no more than 10 days) small
generators for electricity generation during periods of natural and
man-made disasters. The rule defines the term ``disaster'' by reference
to the term as specified in the Iowa State Code section 29C.2(1). An
owner or operator may install and operate a generator under this rule
with or without a gubernatorial or Federal disaster proclamation. The
State submitted technical support documentation demonstrating that the
exemption would not result in interference with attainment and
maintenance of the National Ambient Air Quality Standards (NAAQS). EPA
reviewed that documentation and found it to be a reasonable
representation of the expected emissions. EPA agrees with the State's
demonstration that the emergency generator exemption will not limit the
State's ability to maintain compliance with the NAAQS. The
documentation submitted by the State is included in the docket for this
action.
C. Addition of PSD Amendments
The State revised its rules, IA Rules 567-33.3(17) and 567-
33.3(18), to address the reopening of the public comment period if
substantial new issues are raised during the initial public comment
period. These revisions clarified the public participation procedures
by allowing for the reopening of the public comment period when
necessary. These provisions add clarity for those applying for PSD
permits and for those seeking to comment on draft PSD permits.
Provisions were also added (paragraphs ``c'' and ``d'' of IA Rule 567-
33.3(18)) to clarify that a source owner or operator is subject to
enforcement action if a source is not constructed according to its PSD
application and the PSD permit, and if a source owner or operator does
not obtain the required PSD permit prior to construction. These
revisions also clarified the time period allowed for commencing and
completing construction on PSD projects. EPA is approving these
clarifications as they are consistent with the Federal PSD rules in 40
CFR 51.166.
D. Addition of PSD Administrative Rule
The State adopted a new PSD subrule, IA Rule 567-33.3(21), to add
provisions for administrative amendments such as typographical errors,
word processing errors, or changes in the name, address, or telephone
number of any person identified in the permit. This provision adds
clarity for those applying for administrative amendments to PSD
permits. EPA is approving this revision as it is administrative in
nature and does not alter the stringency of the SIP.
E. Special Requirements for Major Stationary Sources Located in Areas
Designated Attainment or Unclassified
The State made revisions to a section of IA Rule 567-22.4 that
applies to special requirements for major stationary sources located in
areas designated attainment or unclassified (PSD). The change was made
to cross-reference from this section of the rule to the chapter
containing the State's PSD rules. EPA is approving this revision as it
is administrative in nature and does not alter the stringency of the
SIP.
F. Changes To Permit Exemption Requirements for New or Existing Sources
The State made several changes to IA Rules 567-22.1(2)``r'', 567-
22.1(2)``w''(6), 567-22.1(2)``aa,'' and 567-22.1(2)``nn''. The State
added information to a minor source (non-PSD) construction permit
exemption clarifying that an internal combustion engine with a brake
horsepower rating of less than 400 measured at the shaft may be subject
to the new source performance standard (NSPS) for stationary
compression ignition internal combustion engines (as set forth in 40
CFR Part 60). The revision further states that using the exemption does
not relieve the owner or operator from any obligation to comply with
the NSPS requirements.
The State also corrected an error in the ``small unit'' exemption
provisions. The existing subparagraph (numbered paragraph 8)
incorrectly lists the threshold for a ``substantial small unit'' for
``any combination of hazardous air pollutants'' as 9.375 tons per year.
The amendment corrects the threshold to 3.75 tons per year.
Two corrections were made to construction permit exemptions. The
first correction, IA Rule 567-22.1(2)``aa,'' clarifies that the
exemption for pretreatment application processes that use aqueous-based
chemistries (wash booths) applies to all pretreatment wash processes
using aqueous-based chemistries and not just processes preparing a
substrate for an organic coating. The second correction, IA Rule 567-
22.1(2)``nn,'' applies to emissions from agricultural and construction
internal combustion engines that are operated only for repair or
maintenance purposes at non-major equipment repair shops or equipment
dealerships. The amendment adds ``emissions from over-the-road truck
internal combustion engines'' to the description of emissions covered
under this exemption. This exemption was inadvertently excluded from
the list of mobile source equipment types included in the original
rulemaking. EPA is approving these revisions as they are administrative
in nature and do not alter the stringency of the SIP.
G. Amendment of Emissions Standards and Measurement
In IA Rule 567-23.1(6)``a''(2) and 567-25.1(9) revisions were made
to amend the methods and procedures for stack sampling and associated
analytical methods to include the most recent date of Federally-
approved revisions and corrected the symbol for ``good engineering
practice stack height.'' EPA is approving these clarifications as they
are consistent with the Federal rules.
H. Modification of Notification Requirements for Portable Plant
Relocations
An amendment to IA Rule 567-22.3(3)``f'' reduces the notification
requirement for portable plant relocations (facilities which have been
previously permitted and are minor sources) from 30 days prior to
relocation to 14 days prior to relocation. This change will allow more
flexibility for owners and operators at portable plants, while still
allowing sufficient time for the Iowa Department of Natural Resources
to conduct air quality inspections at these portable plants. This
revision does not apply to facility relocations located in non-
attainment areas or areas that are maintenance for the NAAQS. The
notification requirement remains at 30 days for those relocations. EPA
is approving this revision as it is administrative in nature and does
not alter the stringency of the SIP.
I. Addition of Vehicle Speed Control as a Preventative Measure for
Fugitive Dust
A new provision was added to IA Rule 23.3(2)``c''(1) for the
control of fugitive dust to include ``vehicle speed control'' as a
reasonable precaution to control the discharge of visible emissions of
fugitive dust beyond the lot line of property on which emissions are
generated. Fugitive dust generated from a road or other surface used
for vehicle movement is greatly influenced by the speed of a vehicle on
the surface and reducing the allowable speed is a reasonable method to
help control the discharge of visible fugitive dust emissions. EPA is
approving this
[[Page 68694]]
revision as it does not alter the stringency of the SIP.
J. Clarification of Incinerator Provision
In IA Rule 567-23.4(12), the State clarified the visible emissions
(opacity) limit for incinerators. The limit is 40 percent and the rules
are intended to allow incinerators to exhibit no greater than 60
percent opacity in the case of an operation breakdown or the cleaning
of control equipment for specified periods of time. The amendment
clarifies that this 60 percent opacity limit applies in such instances.
The amendment also includes minor editorial changes. EPA approves this
revision solely because it corrects an error in the prior rule which
allowed sources to emit above 60 percent opacity during breakdown or
cleaning of control equipment.
K. Cross Reference Connection to the Construction Permits Rule
IA Rule 567-22.207(1) was amended to correct the cross reference to
subrule 567-22.105(1) which includes the ``duty to apply'' provisions
for the Title V Operating Permits Program. EPA is approving this
revision as it is administrative in nature and does not alter the
stringency of the SIP.
III. What Part 70 revisions is EPA approving?
A. Update To Incorporate the Date for EPA Reference Method
In IA Rule 567-22.100 the state amended the definition of ``EPA
reference method'' to reflect Federal amendments to EPA reference
methods. EPA is approving this revision as it is consistent with
Federal requirements.
B. Clarification of Title V Permit Application Provisions
Several revisions were made to IA Rule 547-22.105(1)``a'' except
(9), 567-22.110, and 567-22.116(2) in the Iowa Operating Permits
Program. The ``duty to apply'' was revised to provide a better
description of application forms for the Title V facility owners or
operators who must submit timely applications, revisions and
notifications. The term ``off-permit revision'' was added in another
section of the Operating Permits Program that is sometimes used to
refer to a change at a Title V source that does not require a revision
to the current Title V permit. One sentence was removed from subrule
22.116(2). This sentence required testing to be completed prior to the
submission of an application for a Title V permit. This sentence is no
longer needed because the State has established procedures, such as
compliance plan requirements, to address compliance testing. EPA is
approving these revisions as they are administrative in nature and do
not alter the stringency of the State's Operating Permits Program.
C. Issuance of Multiple Title V Permits
The State added a subrule, IA Rule 567-22.105(5), that allows a
source to obtain more than one Title V permit under certain
circumstances. The appropriateness of this approach will be reviewed by
the State prior to issuance. EPA is approving this revision as it is
consistent with Federal requirements and does not alter the stringency
of the Operating Permits Program.
D. Correction of Errors
The State added a subrule, IA Rule 567-22.106(8), that requires
owners or operators to submit revised forms as soon as possible after
an error is discovered, or upon notification of an error by the State,
in a Title V emissions inventory or Title V fee payment. EPA is
approving this revision as it is consistent with Federal requirements
and does not alter the stringency of the Operating Permits Program.
IV. What revisions is EPA not taking action on?
The State's submittal included revisions to certain parts of the
Acid Rain Program to include the most recent revisions of Federally-
approved rulemakings. EPA is taking no action on the provisions related
to the Acid Rain Program because the State's Acid Rain rules are not
part of the State's SIP or Title V program.
The State added a provision to portions of IA Rule 567-21.1(3),
567-21.1(4), 567-22.1(3), 567-22.105(1)``a''(9), and 567-22.106(3)``b''
to allow for the submittal of emissions inventory information and new
or modified construction permit applications (unless a conditional
permit is required) in an electronic format. EPA is not acting on any
provision allowing electronic submittal of information. In order for
EPA to approve provisions that allow for the electronic submittal of
information, the State must seek and obtain approval from EPA of its
electronic document receiving system consistent with the Cross-Media
Electronic Reporting Rule found at 40 CFR Part 3.
V. What action is EPA taking?
EPA is approving the request to amend the Iowa SIP and the Iowa
Operating Permits Program. The revisions pertain to routine updates,
corrections, clarifications and improvements as listed previously in
this document. These modifications will not adversely affect air
quality and will not relax the SIP. The State has provided adequate
justification where certain revisions could result in emissions
increases. EPA is not taking action on the revisions to the Acid Rain
Program or the revisions pertaining to ``electronic submittal.''
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. The
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations. These revisions are also
consistent with applicable EPA requirements in Title V of the CAA and
40 CFR part 70.
EPA is 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.
VI. 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 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
[[Page 68695]]
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 State 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 State submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA when it reviews a State
submission, to use VCS in place of a State 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 March 1, 2010. 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.
Parties with objections to this direct final rule are encouraged to
file a comment in response to the parallel notice of proposed
rulemaking for this action published in the proposed rules section of
today's Federal Register, rather than file an immediate petition for
judicial review of this direct final rule, so that EPA can withdraw
this direct final rule and address the comment in the final rulemaking.
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: December 15, 2009.
William Rice,
Acting 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 the entries for 567-20.2, 567-22.1, 567-22.3, 567-22.4,
567-22.207, 567-23.1, 567-23.3, 567-23.4, 567-25.1, and 567-33.3; and
0
b. Adding in numerical order an entry for 567-21.6.
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............. 10/15/08 12/29/09 [insert The definitions
FR page number for anaerobic
where the lagoon, odor,
document begins]. odorous
substance,
odorous substance
and greenhouse
gas are not SIP
approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 21--Compliance
----------------------------------------------------------------------------------------------------------------
[[Page 68696]]
* * * * * * *
567-21.6...................... Temporary Electricity 10/15/08 12/29/09 [insert ..................
Generation for Disaster FR page number
Situations. where the
document begins].
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1...................... Permits required for New 6/11/08 12/29/09 [insert Electronic
or Existing Stationary FR page number submittal
Sources. where the referred to in
document begins]. 22.1(3) is not
SIP approved.
* * * * * * *
567-22.3...................... Issuing Permits......... 10/15/08 12/29/09 [insert ..................
FR page number
where the
document begins].
567-22.4...................... Special Requirements for 6/11/08 12/29/09 [insert ..................
Major Stationary FR page number
Sources Located in where the
Areas Designated document begins].
Attainment or
Unclassified (PSD).
* * * * * * *
567-22.207.................... Relation to Construction 10/15/08 12/29/09 [insert ..................
Permits. FR page number
where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 23--Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
567-23.1...................... Emission Standards...... 6/11/08 12/29/09 [insert Subrules 23.1(2)-
FR page number (5) are not SIP
where the approved.
document begins].
* * * * * * *
567-23.3...................... Specific Contaminants... 6/11/08 12/29/09 [insert Subrule 23.3(3)
FR page number ``d'' is not SIP
where the approved.
document begins].
567-23.4...................... Specific Processes...... 6/11/08 12/29/09 [insert Subrule 23.4(10)
FR page number is not SIP
where the approved.
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1...................... Testing and Sampling of 10/15/08 12/29/09 [insert ..................
New and Existing FR page number
Equipment. where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
567-33.3...................... Special construction 10/15/08 12/29/09 [insert ..................
permit requirements for FR page number
major stationary where the
sources in areas document begins].
designated attainment
or unclassified (PSD).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
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 (k) under Iowa
to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Program
* * * * *
Iowa
* * * * *
[[Page 68697]]
(k) The Iowa Department of Natural Resources submitted for
program approval rules 567-22.100, 567-22.105(1)``a'', except
subparagraph (9); new subrules 567-22.105(5) and 567-22.106(8); 567-
22.110, and 567-22.116 on November 18, 2008. The state effective
dates were October 15, 2008. These revisions to the Iowa program are
approved effective March 1, 2010.
* * * * *
[FR Doc. E9-30775 Filed 12-28-09; 8:45 am]
BILLING CODE 6560-50-P
