Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Iowa, 68692-68697 [E9-30775]

Download as PDF 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. http://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 http:// 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 http:// www.regulations.gov or e-mail information that you consider to be CBI or otherwise protected. The http:// 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 http:// 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 http:// 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 http:// 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. http://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 
http://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 http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://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 http://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 http://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 http://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).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

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PART 70--[AMENDED]

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3. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

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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

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Iowa

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[[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.
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[FR Doc. E9-30775 Filed 12-28-09; 8:45 am]
BILLING CODE 6560-50-P