Approval and Promulgation of Implementation Plans; State of Iowa, 38745-38748 [2010-16235]
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Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Rules and Regulations
(2) The number of collection boxes at
the end of the reported fiscal year;
(3) The number of collection boxes
removed during the reported fiscal year;
and
(4) The number of collection boxes
added to new locations during the
reported fiscal year.
(d) The average customer wait time in
line for retail service shall be reported.
Data shall be provided for the beginning
of the reported fiscal year and for the
close of each successive fiscal quarter at
the Postal Administrative Area and
National levels.
§ 3055.92 Customer Experience
Measurement Surveys.
(a) The report shall include a copy of
each type of Customer Experience
Measurement instrument, or any similar
instrument that may supersede the
Customer Experience Measurement
instrument used in the preceding fiscal
year.
(b) The report shall include
information obtained from each type of
Customer Experience Measurement
instrument, or any similar instrument
that may supersede the Customer
Experience Measurement instrument
including:
(1) A description of the customer type
targeted by the survey;
(2) The number of surveys initiated
and the number of surveys received; and
(3) Where the question asked is
subject to a multiple choice response,
the number of responses received for
each question, disaggregated by each of
the possible responses.
[FR Doc. 2010–16178 Filed 7–2–10; 8:45 am]
BILLING CODE 7710–FW–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2010–0156; FRL–9170–6]
Approval and Promulgation of
Implementation Plans; State of Iowa
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: The EPA is approving a
revision to the Iowa State
Implementation Plan (SIP). The purpose
of this revision is to update the Polk
County Board of Health Rules and
Regulations, Chapter V, Air Pollution.
These revisions reflect updates to the
Iowa statewide rules previously
approved by EPA and will ensure
consistency between the applicable
local agency rules and Federally-
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approved rules. This rulemaking also
ensures Federal enforceability of the
applicable parts of the local agency’s
‘‘Air Pollution’’ rules.
DATES: This direct final rule will be
effective September 7, 2010, without
further notice, unless EPA receives
adverse comment by August 5, 2010. If
adverse comment is received, EPA 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–2010–0156, 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–2010–
0156. 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.
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38745
Docket: All documents in the
electronic 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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
901 North 5th Street, Kansas City,
Kansas 66101. The Regional Office’s
official hours of business are Monday
through Friday, 8 to 4:30 excluding
Federal holidays. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
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 EPA. This section provides
additional information by addressing
the following questions:
I. What is being addressed in this document?
II. What revisions is EPA approving?
III. What action is EPA taking?
IV. What action is EPA not taking?
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The State requested EPA approval of
the 2009 revisions to the local agency’s
Rules and Regulations, Chapter V, ‘‘Air
Pollution,’’ as a revision to the SIP. In
order for the local program’s ‘‘Air
Pollution’’ rules to be incorporated into
the Federally-enforceable SIP, on behalf
of the local agency, the State must
submit the formally adopted regulations
and control strategies, which are
consistent with State and Federal
requirements, to EPA for inclusion in
the SIP. The regulation adoption process
generally includes public notice of a
public comment period and a public
hearing, and formal adoption of the rule
by the State authorized rulemaking
body. In this case that rulemaking body
is the local agency. After the local
agency formally adopts the rule, the
local agency submits the rulemaking to
the State, and then the State submits the
rulemaking to EPA for consideration for
formal action (inclusion of the
rulemaking into the SIP). EPA must
provide public notice and seek
additional public comment regarding
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Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Rules and Regulations
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the proposed Federal action on the
State’s submission.
EPA received the request from the
State to adopt the 2009 local air agency
rule revisions into the SIP on September
14, 2009. The revisions were adopted by
the local agency on July 28, 2009, and
were effective August 6, 2009. EPA is
approving the requested revisions to the
Iowa SIP. The State’s request
specifically excluded Article VI,
subsections 5–16 (n), (o), (p), and
Article VIII from consideration by EPA.
II. What revisions is EPA approving?
EPA is approving the 2009 revisions
to the Polk County Board of Health
Rules and Regulations, Chapter V, ‘‘Air
Pollution.’’ The local agency routinely
revises its ‘‘Air Pollution’’ regulations to
be consistent with the Federallyapproved Iowa Administrative Code.
The local agency’s ‘‘Air Pollution’’ rules
were revised as follows:
Article I, section 5–1 was revised to
include cross references to approved
State rules. Section 5–2 of the same
Article was revised to include amended
definitions of ‘‘Allowable emissions,’’
‘‘EPA reference method,’’ ‘‘Disaster,’’
‘‘Mobile Internal Combustion Engine,’’
and ‘‘Volatile Organic Compounds’’
(VOCs). These revisions are consistent
with State and Federal regulations.
Article II, section 5–4 was revised to
include a cross reference to the existing
State rule, 567 IAC 23.1(2) which
outlines New Source Performance
Standard data reporting requirements
and responsibilities. This revision is
consistent with State and Federal
regulations.
Article III, section 5–7 was amended
to include revisions to ‘‘Open Burning’’
regulations. The revisions include the
addition of a cross reference to the
existing State rules in 567 IAC Chapter
23 explaining that the burning of any
structure or demolished structure shall
be in accordance with 40 CFR 61.145,
the National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
‘‘Standard for Demolition and
Renovation’’ for asbestos control. This
revision is consistent with State and
Federal regulations.
Article IV, section 5–10 was revised to
include a cross reference to the existing
State rule at 567 IAC 29.1, the Federal
method for visual determination of
opacity of emissions. This revision is
consistent with State and Federal
regulations.
Article VII, subsections 5–18 (a)(3),
5–18(b)(5)(i) and 5–18(b)(7) are revised
to include cross references to existing
State rules in 567 IAC Chapter 25. A
revision to 5–18(b)(7) also includes the
adoption date of the most recent
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Federally promulgated Acid Rain
continuous emissions monitoring
requirements. These revisions are
consistent with State and Federal
regulations.
Article IX, subsections 5–23(1),
5–23(2), and 5–23(3) were revised to
include methods for the containment
and control of fugitive dust, and
subsections 5–23(7) and 5–23(8) were
added to include methods for the
containment and control of fugitive
dust. Changes to Section 5–25 clarify
that no person shall cause, allow, or
permit fugitive dust material to become
airborne in such quantities and
concentrations that it remains visible in
the ambient air, or is deposited beyond
the lot line of the property on which it
originates. These revisions are
consistent with State regulations and
Federal requirements. The local agency
also added language to subsection
5–26(1) which explains activities that
are considered by the local agency as
‘‘ordinary travel’’, which is exempted
from the fugitive dust restrictions. This
is a clarification of the exemption and
does not affect the stringency of the
restriction.
Article X, section 5–33, and
subsections 5–33(9) and 5–39(a)(4) were
revised to include cross references to
approved State and Federal regulations.
Subsections 5–33(17) and 5–39(a)(11)
were revised to include a construction
and operating permit exemption
threshold for retail gasoline and diesel
fuel handling facilities. The local agency
revised the exemption to include only
those facilities with a throughput of less
than 10,000 gallons per month (based on
thirty-day rolling average usage
records). The local agency retained the
right to review project plans to
substantiate the permit exemption to
determine that individual sources
qualify for the exemption and would not
adversely impact air quality. The local
agency made this revision as it is more
stringent than the existing SIP-approved
exemption and is aligned with 40 CFR
part 63 subpart CCCCCC. The Iowa
Administrative Code currently does not
provide for exemptions for retail
gasoline stations of any size so that all
sources in the source category in Polk
County remain subject to the state
permitting rule. In any event, the
revision addressed in this rulemaking in
the county rule makes the exemption
more stringent, and is therefore
approvable.
Also in Article X, subsections 5–
33(55) and 5–39(a)(48) were revised to
add a construction and operating permit
exemption for cold solvent cleaning
machines that are not in-line cleaning
machines. Subsections 5–33(56) and
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5–39(a)(49) were revised to add a
construction and operating permit
exemption for emissions from mobile
agricultural and construction internal
combustion engines that are operated
only for repair or maintenance purposes
at equipment repair shops or equipment
dealerships. Subsection 5–35(d) was
revised to reduce the amount of time the
owner or operator has to notify the local
program prior to the movement of
portable equipment for which an
operating permit has been issued. The
notification time was reduced from 30
to 14 days. Subsections 5–36(1)(a) and
5–36(1)(a)(1) were revised to clarify
what the owner or operators’
responsibilities are when applying for a
conditional operating permit. These
revisions are consistent with SIPapproved State regulations.
Section 5–49 was added to Article X
to allow for electric utilities in Polk
County to operate generators at a utility
substation, with a total combined
capacity not to exceed 2 megawatts in
capacity, for a period of not longer than
10 days and only for the purpose of
providing electricity generation in the
event of a sudden and unforeseen
disaster that has disabled standard
transmission of electricity to the public.
EPA previously approved this
allowance in a statewide rule after EPA
determined that this allowance would
result in insignificant emissions
increases. We believe the Polk County
revision is also approvable.
III. What action is EPA taking?
EPA is approving these revisions to
the Polk County Board of Health Rules
and Regulations, Chapter V, Air
Pollution. These changes are consistent
with the Federally-approved Iowa SIP.
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
Clean Air Act (CAA), including section
110 and implementing regulations.
EPA is processing this action as a
direct final action because the revisions
make 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.
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Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Rules and Regulations
IV. What action is EPA not taking?
The State requested that EPA take
action to approve the local agency’s
revisions to Article XVI section 5–75.
Section 5–75 outlines the local agency’s
enforcement of criminal and civil
penalties. As EPA does not rely on the
local agency’s authority, but relies on its
own authority, to implement and
enforce the requirements of the CAA,
EPA is not taking action on the
requested revisions to Article XVI
section 5–75.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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 September 7, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. 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
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 18, 2010.
Karl Brooks,
Regional Administrator, Region 7.
■
40 CFR part 52 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 the table in paragraph
(c) is amended by revising the entry for
‘‘Chapter V’’ under the heading ‘‘Polk
County’’ to read as follows:
■
§ 52.820
*
Identification of plan.
*
*
(c) * * *
*
*
EPA—APPROVED IOWA REGULATIONS
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Iowa citation
State effective
date
Title
EPA approval date
Iowa Department of Natural Resources, Environmental Protection Commission [567]
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Explanation
38748
Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Rules and Regulations
EPA—APPROVED IOWA REGULATIONS—Continued
Iowa citation
*
*
CHAPTER V ...........................
*
*
*
*
*
Polk County Board of Health
Rules and Regulations Air
Pollution Chapter V.
*
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 447 and 457
[CMS–2244–CN]
RIN 0938–AP73
Medicaid Program; Premiums and Cost
Sharing; Correction
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AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS
ACTION: Correction of final rule with
comment period.
SUMMARY: This document corrects
technical errors that appeared in the
final rule with comment period
published in the Federal Register on
May 28, 2010 entitled ‘‘Medicaid
Program; Premiums and Cost Sharing.’’
The May 28, 2010, final rule revised a
November 25, 2008, final rule entitled,
‘‘Medicaid Programs; Premiums and
Cost Sharing’’ which addressed public
comments received during reopened
comment periods, and reflected relevant
statutory changes made in the American
Recovery and Reinvestment Act of 2009.
The November 2008 document revised
final rule implemented and interpreted
section 1916A of the Social Security
Act.
DATES: Effective Date: This correction
document is effective July 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Christine Gerhardt, (410) 786–0693.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2010–12954 of May 28,
2010 (75 FR 30244), there were two
14:41 Jul 02, 2010
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*
Polk County
08/06/09
EPA approval date
*
II. Summary of Errors
On page 30255, in the preamble under
Section III, ‘‘Provisions of the Revised
Final Rule,’’ we set forth the definition
of ‘‘Indian health care provider.’’ On
page 30256, we specify that the
definition is added to a new paragraph
(b) under § 447.50. However, on page
30261, we inadvertently omitted the
definition of ‘‘Indian health care
provider’’ from § 447.50 (b) of the
regulations text.
On page 30264, we inadvertently
omitted a statutory exception to the
policy specified in the amended
paragraph (b) under § 447.74 of the
regulations text. According to section
1916A(e)(2) of the Social Security Act
(the Act), the limitation to 20 percent of
the State Medicaid agency’s payment for
alternative cost sharing imposed on
individuals with family income more
than 150 percent of the Federal poverty
level (FPL) does not apply to nonemergency services furnished in a
hospital emergency department.
III. Waiver of Proposed Rulemaking
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary finds, for
good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice.
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Explanation
*
07/06/10 [insert FR page
number where the document begins].
technical errors that are identified and
corrected in the ‘‘Correction of Errors’’
section below. The provisions in this
correction notice are effective as if they
had been included in the document
published May 28, 2010. Accordingly,
the corrections are effective July 1, 2010.
[FR Doc. 2010–16235 Filed 7–2–10; 8:45 am]
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State effective
date
Title
*
Article I, Section 5–2, definition of ‘‘variance’’; Article
VI, Sections 5–16(n), (o)
and (p); Article VIII; Article
IX, Sections 5–27(3) and
(4); Article X, Section 5–28,
subsections (a) through (c);
Article XIII and Article XVI,
Section 5–75 are not a part
of the SIP.
Section 553(d) of the APA ordinarily
requires a 30-day delay in effective date
of final rules after the date of their
publication in the Federal Register.
This 30-day delay in effective date can
be waived, however, if an agency finds
for good cause that the delay is
impracticable, unnecessary, or contrary
to the public interest, and the agency
incorporates a statement of the findings
and its reasons in the rule issued.
With respect to our proposal to add a
definition of ‘‘Indian health care
provider’’ as a new paragraph (b)(2) in
§ 447.50 of the regulations text, we
inadvertently omitted this definition
from the revised final rule. In the
preamble under Section III, Provisions
of the Revised Final Rule, we gave the
new definition on page 30255. Also, on
page 30256, we mentioned that the
definition of ‘‘Indian health care
provider’’ is added to a new paragraph
(b) under § 447.50. Because the intended
content of the regulation is clear when
the document is read as a whole, we
believe further process is unnecessary.
We further believe that correction of the
error is in the public interest because it
would avoid confusion. Therefore, we
find good cause to waive a notice of
proposed rulemaking and delayed
effective date.
With respect to our proposal to add an
exception to the policy specified in the
amended paragraph (b) under § 447.74,
section 1916A(e)(2) of the Act makes
clear that the limitation to 20 percent of
the State Medicaid agency’s payment for
alternative cost sharing imposed on
individuals with family income more
than 150 percent of the Federal poverty
level (FPL) does not apply to nonemergency services furnished in a
hospital emergency department. Since
this change is necessary to accurately
reflect the statutory requirements, we
believe that correction of this error is in
the public interest because it will
prevent confusion as to those
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]]>Agencies
[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Rules and Regulations]
[Pages 38745-38748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16235]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2010-0156; FRL-9170-6]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving a revision to the Iowa State
Implementation Plan (SIP). The purpose of this revision is to update
the Polk County Board of Health Rules and Regulations, Chapter V, Air
Pollution. These revisions reflect updates to the Iowa statewide rules
previously approved by EPA and will ensure consistency between the
applicable local agency rules and Federally-approved rules. This
rulemaking also ensures Federal enforceability of the applicable parts
of the local agency's ``Air Pollution'' rules.
DATES: This direct final rule will be effective September 7, 2010,
without further notice, unless EPA receives adverse comment by August
5, 2010. If adverse comment is received, EPA 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-2010-0156, 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-
2010-0156. 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 electronic 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, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: 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 EPA. This section provides additional information by
addressing the following questions:
I. What is being addressed in this document?
II. What revisions is EPA approving?
III. What action is EPA taking?
IV. What action is EPA not taking?
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The State requested EPA approval of the 2009 revisions to the local
agency's Rules and Regulations, Chapter V, ``Air Pollution,'' as a
revision to the SIP. In order for the local program's ``Air Pollution''
rules to be incorporated into the Federally-enforceable SIP, on behalf
of the local agency, the State must submit the formally adopted
regulations and control strategies, which are consistent with State and
Federal requirements, to EPA for inclusion in the SIP. The regulation
adoption process generally includes public notice of a public comment
period and a public hearing, and formal adoption of the rule by the
State authorized rulemaking body. In this case that rulemaking body is
the local agency. After the local agency formally adopts the rule, the
local agency submits the rulemaking to the State, and then the State
submits the rulemaking to EPA for consideration for formal action
(inclusion of the rulemaking into the SIP). EPA must provide public
notice and seek additional public comment regarding
[[Page 38746]]
the proposed Federal action on the State's submission.
EPA received the request from the State to adopt the 2009 local air
agency rule revisions into the SIP on September 14, 2009. The revisions
were adopted by the local agency on July 28, 2009, and were effective
August 6, 2009. EPA is approving the requested revisions to the Iowa
SIP. The State's request specifically excluded Article VI, subsections
5-16 (n), (o), (p), and Article VIII from consideration by EPA.
II. What revisions is EPA approving?
EPA is approving the 2009 revisions to the Polk County Board of
Health Rules and Regulations, Chapter V, ``Air Pollution.'' The local
agency routinely revises its ``Air Pollution'' regulations to be
consistent with the Federally-approved Iowa Administrative Code. The
local agency's ``Air Pollution'' rules were revised as follows:
Article I, section 5-1 was revised to include cross references to
approved State rules. Section 5-2 of the same Article was revised to
include amended definitions of ``Allowable emissions,'' ``EPA reference
method,'' ``Disaster,'' ``Mobile Internal Combustion Engine,'' and
``Volatile Organic Compounds'' (VOCs). These revisions are consistent
with State and Federal regulations.
Article II, section 5-4 was revised to include a cross reference to
the existing State rule, 567 IAC 23.1(2) which outlines New Source
Performance Standard data reporting requirements and responsibilities.
This revision is consistent with State and Federal regulations.
Article III, section 5-7 was amended to include revisions to ``Open
Burning'' regulations. The revisions include the addition of a cross
reference to the existing State rules in 567 IAC Chapter 23 explaining
that the burning of any structure or demolished structure shall be in
accordance with 40 CFR 61.145, the National Emission Standards for
Hazardous Air Pollutants (NESHAPs) ``Standard for Demolition and
Renovation'' for asbestos control. This revision is consistent with
State and Federal regulations.
Article IV, section 5-10 was revised to include a cross reference
to the existing State rule at 567 IAC 29.1, the Federal method for
visual determination of opacity of emissions. This revision is
consistent with State and Federal regulations.
Article VII, subsections 5-18 (a)(3), 5-18(b)(5)(i) and 5-18(b)(7)
are revised to include cross references to existing State rules in 567
IAC Chapter 25. A revision to 5-18(b)(7) also includes the adoption
date of the most recent Federally promulgated Acid Rain continuous
emissions monitoring requirements. These revisions are consistent with
State and Federal regulations.
Article IX, subsections 5-23(1), 5-23(2), and 5-23(3) were revised
to include methods for the containment and control of fugitive dust,
and subsections 5-23(7) and 5-23(8) were added to include methods for
the containment and control of fugitive dust. Changes to Section 5-25
clarify that no person shall cause, allow, or permit fugitive dust
material to become airborne in such quantities and concentrations that
it remains visible in the ambient air, or is deposited beyond the lot
line of the property on which it originates. These revisions are
consistent with State regulations and Federal requirements. The local
agency also added language to subsection 5-26(1) which explains
activities that are considered by the local agency as ``ordinary
travel'', which is exempted from the fugitive dust restrictions. This
is a clarification of the exemption and does not affect the stringency
of the restriction.
Article X, section 5-33, and subsections 5-33(9) and 5-39(a)(4)
were revised to include cross references to approved State and Federal
regulations. Subsections 5-33(17) and 5-39(a)(11) were revised to
include a construction and operating permit exemption threshold for
retail gasoline and diesel fuel handling facilities. The local agency
revised the exemption to include only those facilities with a
throughput of less than 10,000 gallons per month (based on thirty-day
rolling average usage records). The local agency retained the right to
review project plans to substantiate the permit exemption to determine
that individual sources qualify for the exemption and would not
adversely impact air quality. The local agency made this revision as it
is more stringent than the existing SIP-approved exemption and is
aligned with 40 CFR part 63 subpart CCCCCC. The Iowa Administrative
Code currently does not provide for exemptions for retail gasoline
stations of any size so that all sources in the source category in Polk
County remain subject to the state permitting rule. In any event, the
revision addressed in this rulemaking in the county rule makes the
exemption more stringent, and is therefore approvable.
Also in Article X, subsections 5-33(55) and 5-39(a)(48) were
revised to add a construction and operating permit exemption for cold
solvent cleaning machines that are not in-line cleaning machines.
Subsections 5-33(56) and 5-39(a)(49) were revised to add a construction
and operating permit exemption for emissions from mobile agricultural
and construction internal combustion engines that are operated only for
repair or maintenance purposes at equipment repair shops or equipment
dealerships. Subsection 5-35(d) was revised to reduce the amount of
time the owner or operator has to notify the local program prior to the
movement of portable equipment for which an operating permit has been
issued. The notification time was reduced from 30 to 14 days.
Subsections 5-36(1)(a) and 5-36(1)(a)(1) were revised to clarify what
the owner or operators' responsibilities are when applying for a
conditional operating permit. These revisions are consistent with SIP-
approved State regulations.
Section 5-49 was added to Article X to allow for electric utilities
in Polk County to operate generators at a utility substation, with a
total combined capacity not to exceed 2 megawatts in capacity, for a
period of not longer than 10 days and only for the purpose of providing
electricity generation in the event of a sudden and unforeseen disaster
that has disabled standard transmission of electricity to the public.
EPA previously approved this allowance in a statewide rule after EPA
determined that this allowance would result in insignificant emissions
increases. We believe the Polk County revision is also approvable.
III. What action is EPA taking?
EPA is approving these revisions to the Polk County Board of Health
Rules and Regulations, Chapter V, Air Pollution. These changes are
consistent with the Federally-approved Iowa SIP.
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 Clean Air Act
(CAA), including section 110 and implementing regulations.
EPA is processing this action as a direct final action because the
revisions make 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.
[[Page 38747]]
IV. What action is EPA not taking?
The State requested that EPA take action to approve the local
agency's revisions to Article XVI section 5-75. Section 5-75 outlines
the local agency's enforcement of criminal and civil penalties. As EPA
does not rely on the local agency's authority, but relies on its own
authority, to implement and enforce the requirements of the CAA, EPA is
not taking action on the requested revisions to Article XVI section 5-
75.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 September 7, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. 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 proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 18, 2010.
Karl Brooks,
Regional Administrator, Region 7.
0
40 CFR part 52 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 the table in paragraph (c) is amended by revising
the entry for ``Chapter V'' under the heading ``Polk County'' to 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]
[[Page 38748]]
* * * * * * *
Polk County
CHAPTER V........................ Polk County Board 08/06/09 07/06/10 [insert FR Article I, Section
of Health Rules page number where 5-2, definition of
and Regulations the document ``variance'';
Air Pollution begins]. Article VI,
Chapter V. Sections 5-16(n),
(o) and (p);
Article VIII;
Article IX,
Sections 5-27(3)
and (4); Article
X, Section 5-28,
subsections (a)
through (c);
Article XIII and
Article XVI,
Section 5-75 are
not a part of the
SIP.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2010-16235 Filed 7-2-10; 8:45 am]
BILLING CODE 6560-50-P
