Approval and Promulgation of Implementation Plans; Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants, State of Iowa; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Negative Declaration and 111(d) Plan Rescission; Approval and Promulgation of Operating Permits Program, State of Iowa, 63887-63892 [2013-24864]
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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations
in all attainment and unclassifiable
areas.
(B) Sulfur dioxide is a precursor to
PM2.5 in all attainment and
unclassifiable areas.
(C) Nitrogen oxides are presumed to
be precursors to PM2.5 in all attainment
and unclassifiable areas, unless the
State demonstrates to the EPA
Administrator’s satisfaction or EPA
demonstrates that emissions of nitrogen
oxides from sources in a specific area
are not a significant contributor to that
area’s ambient PM2.5 concentrations.
(D) Volatile organic compounds are
presumed not to be precursors to PM2.5
in any attainment or unclassifiable area,
unless the State demonstrates to the
EPA Administrator’s satisfaction or EPA
demonstrates that emissions of volatile
organic compounds from sources in a
specific area are a significant
contributor to that area’s ambient PM2.5
concentrations.
(ii) Any pollutant that is subject to
any standard promulgated under section
111 of the Act;
(iii) Any Class I or II substance subject
to a standard promulgated under or
established by title VI of the Act;
(iv) Any pollutant that otherwise is
subject to regulation under the Act.
(v) Notwithstanding 40 CFR
52.21(b)(50)(i) through (iv), the term
regulated NSR pollutant shall not
include any or all hazardous air
pollutant either listed in section 112 of
the Act, or added to the list pursuant to
section 112(b)(2) of the Act, and which
have not been delisted pursuant to
section 122(b)(3) of the Act, unless the
listed hazardous air pollutant is also
regulated as a constituent or precursor
of a general pollutant listed under
section 108 of the Act.
(vi) Participate matter (PM) emissions,
PM2.5 emissions and PM10 emissions
shall include gaseous emissions from a
source or activity which condense to
form particulate matter at ambient
temperatures. On or after January 1,
2011 (or any earlier date established in
the upcoming rulemaking codifying test
methods), such condensable particulate
matter shall be accounted for in
applicability determinations and in
establishing emissions limitations for
PM, PM2.5 and PM10 in PSD permits.
Compliance with emissions limitations
for PM, PM2.5 and PM10 issued prior to
this date shall not be based on
condensable particular matter unless
required by the terms and conditions of
the permit or the applicable
implementation plan. Applicability
determinations made prior to this date
without accounting for condensable
particular matter shall not be considered
in violation of this section unless the
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applicable implementation plan
required condensable particular matter
to be included.
(8) Ambient air increments. (i) In
areas designated as Class I, II, or III,
increases in pollutant concentration
over the baseline concentration shall be
limited to the following:
Maximum allowable increase
(micrograms
per cubic
meter)
Pollutant
Class I Area
PM2.5:
Annual arithmetic mean ..
24-hr maximum ...............
PM10:
Annual arithmetic mean ..
24-hr maximum ...............
Sulfur dioxide:
Annual arithmetic mean ..
24-hr maximum ...............
3-hr maximum .................
Nitrogen dioxide Annual
arithmetic mean ..............
1
2
4
8
2
5
25
63887
provided a submission to meet the
infrastructure requirements for the State
of Utah for the 1997 PM2.5 NAAQS. On
April 17, 2008, M. Cheryl Heying,
Director, Utah Department of
Environmental Quality, provided a
second submission to meet the
infrastructure requirements for the State
of Utah for the 1997 PM2.5 NAAQS. On
September 21, 2010, M. Cheryl Heying,
Director, Utah Department of
Environmental Quality, provided a
submission to meet the infrastructure
requirements for the State of Utah for
the 2006 PM2.5 NAAQS. The State’s
Infrastructure SIP is approved with
respect to the 1997 and 2006 PM2.5
NAAQS with respect to CAA section
110(a)(1) and the following elements of
section 110(a)(2): (A), (B), (C) with
respect to PSD and minor NSR
requirements, (D)(i)(II) with respect to
PSD requirements, (E)(i), (E)(iii), (F), (G),
(H), (J), (K), (L), and (M).
[FR Doc. 2013–24889 Filed 10–24–13; 8:45 am]
2.5
BILLING CODE 6560–50–P
Class II Area
PM2.5:
Annual arithmetic mean ..
24-hr maximum ...............
PM10:
Annual arithmetic mean ..
24-hr maximum ...............
Sulfur dioxide:
Annual arithmetic mean ..
24-hr maximum ...............
3-hr maximum .................
Nitrogen dioxide Annual
arithmetic mean ..............
4
9
17
30
20
91
512
25
Class III Area
PM2.5:
Annual arithmetic mean ..
24-hr maximum ...............
PM10:
Annual arithmetic mean ..
24-hr maximum ...............
Sulfur dioxide:
Annual arithmetic mean ..
24-hr maximum ...............
3-hr maximum .................
Nitrogen dioxide Annual
arithmetic mean ..............
8
18
34
60
40
182
700
50
(ii) For any period other than an
annual period the applicable maximum
allowable increase may be exceeded
during one such period per year at any
one location.
■ 3. Section 52.2355 is amended by
designating the existing paragraph as
paragraph (a) and adding paragraph (b)
to read as follows:
§ 52.2355 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(b) On December 3, 2007, Jon L.
Huntsman, Jr. Governor, State of Utah,
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52, 62, and 70
[EPA–R07–OAR–2012–0410; FRL 9901–65–
Region 7]
Approval and Promulgation of
Implementation Plans; Approval and
Promulgation of State Air Quality Plans
for Designated Facilities and
Pollutants, State of Iowa; Control of
Emissions From Existing Hospital/
Medical/Infectious Waste Incinerator
Units, Negative Declaration and 111(d)
Plan Rescission; Approval and
Promulgation of Operating Permits
Program, State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving, through
direct final rulemaking, revisions to the
State of Iowa’s State Implementation
Plan (SIP), Title V program, and Clean
Air Act (CAA) section 111(d) plan. The
purpose of these revisions is to make
general updates to existing state air
quality rules, approve an exemption
from constructing permitting for engines
used in periodic pipeline testing,
approve changes to state rules regarding
regional haze requirements, and to
approve adoption of Federal regulations
including the National Ambient Air
Quality Standards (NAAQS) for 2008
Ozone, 2008 Lead, and 2010 Nitrogen
Dioxide. EPA is approving the SIP
SUMMARY:
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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations
provisions pursuant to section 110 of
the CAA.
EPA is also taking direct final action
to approve a Hospital Medical Infectious
Waste Incinerators (HMIWI) section
111(d) negative declaration from the
State of Iowa which certifies that
HMIWIs, subject to the requirements of
sections 111(d) and 129 of the CAA, do
not exist in the State; and approving the
rescission of its section 111(d)/129 plan
and emission guidelines for HMIWI
units. EPA is approving these actions
pursuant to section 111 of the CAA.
EPA is also approving two minor
administrative changes to the Title V
program, pursuant to section 500 of the
CAA.
DATES: This rule is effective December
24, 2013, without further notice, unless
EPA receives adverse comment by
November 25, 2013. 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.
Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2012–0410, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: jay.michael@epa.gov.
3. Mail or Hand Delivery: Michael Jay,
Environmental Protection Agency, Air
Planning and Development Branch,
11201 Renner Blvd., Lenexa, KS, 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2012–
0410. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. The
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 email comment directly
to EPA without going through
www.regulations.gov, your email
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
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ADDRESSES:
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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 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 at
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Blvd., Lenexa, KS, 66219.
The Regional Office’s official hours of
business are Monday through Friday,
8:00 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:
Michael Jay at (913) 551–7460, or by
email at jay.michael@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 are being approved
by EPA?
III. What part 62 revisions are being approved
by EPA?
IV. What part 70 revisions are being
approved by EPA?
V. What final action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
On March 7, 2008, EPA Region 7
received a submission from the Iowa
Department of Natural Resources (IDNR)
requesting revisions to Iowa’s Federallyapproved SIP. These revisions made
changes to Chapter 22, ‘‘Controlling
Pollution,’’ of the Iowa Administrative
Code (IAC), promulgated by the Iowa
Environmental Protection Commission
(EPC). EPA took action on a portion of
this plan submittal on June 26, 2012; 1
EPA is taking direct final action on
1 77
PO 00000
FR 38006.
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remaining portions of this submittal in
today’s action.
On January 11, 2010, EPA Region 7
received a submission from IDNR
requesting revisions to Iowa’s Federallyapproved SIP and Title V program
including changes to Chapter 20,
‘‘Scope of Title—Definitions—Forms—
Rules of Practice,’’ Chapter 22,
‘‘Controlling Pollution,’’ Chapter 23,
‘‘Emission Standards for
Contaminants,’’ Chapter 25,
‘‘Measurement of Emissions,’’ Chapter
28, ‘‘Ambient Air Quality Standards,’’
and Chapter 33, ‘‘Special Regulations
and Construction Permit Requirements
for Major Stationary Sources—
Prevention of Significant Deterioration
(PSD) of Air Quality.’’ EPA is taking
direct final action to approve revisions
to these chapters in today’s action. Also
included in the submittal were revisions
to Chapter 23, ‘‘Emission Standards for
Contaminants,’’ which we are not acting
on today, and will address in a separate
action.
On March 1, 2011, EPA Region 7
received a submittal from the IDNR
requesting revisions to Iowa’s Federallyapproved SIP and 111(d) plan,
including changes to Chapter 24,
‘‘Excess Emissions,’’ Chapter 28,
‘‘Ambient Air Quality Standards,’’ and
changes to Chapter 23, ‘‘Emission
Standards.’’ EPA is taking direct final
action to approve these changes in
today’s action.
II. What part 52 revisions are being
approved by EPA?
EPA is approving changes to Chapter
22.9 related to the State’s plan for
Regional Haze. EPA took final action on
the State’s Regional Haze plan on June
26, 2012 (77 FR 38006), but
inadvertently failed to act on changes to
the state rules. These changes include
adding definitions for Best Available
Retrofit Technology (BART), deciview,
and mandatory Class I area, as well as
establishing procedures for how IDNR
will notify source owners or operators
about BART status, and establishing
provisions for how IDNR may request a
BART analysis from sources.
EPA is approving changes to the
definitions of Volatile Organic
Compounds (VOCs) in Chapter 20 and
33. These changes update the state rules
to make them consistent with the
Federal definitions as of January 21,
2009.
EPA is approving changes to several
chapters which update the zip code for
the IDNR Air Quality Bureau Offices.
The offices remain in the current
location; however, a ZIP code change for
the current location took effect on July
1, 2009.
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EPA is approving an exemption from
construction permitting in Chapter 22.1
for certain temporary diesel engines
used in periodic testing and
maintenance of natural gas pipelines.
The exemption contains conditions to
ensure that engine emissions will not
exceed the emission limits currently
allowed under the State’s small unit
exemption.
EPA is approving changes to Chapter
24 which allow for initial reports of
excess emissions to be made via
electronic mail (email). Facility owners
and operators are still allowed to make
initial reports in person or by telephone.
Owners or operators must still follow up
their initial report with a written, hardcopy report.
EPA is approving minor changes to
IDNR’s stack testing notifications and
test protocols in Chapter 25.1 which
clarify IDNR’s procedures.
EPA is approving Iowa’s amendments
to Chapter 28, to include the adoption
by reference of the NAAQS for 2008
Ozone 2, 2008 Lead 3, and 2010 Nitrogen
Dioxide 4 into Iowa’s Federallyapproved SIP. States are not required to
adopt ambient air quality standards, but
are required to implement the standards
adopted by EPA pursuant to section 110
of the CAA. Iowa has adopted standards
which are consistent with the EPA
standards, and therefore this revision to
update the state standards is
approvable.
III. What part 62 revisions are being
approved by EPA?
Section 111(d) of the CAA requires
states to submit plans to control certain
pollutants (designated pollutants) at
existing facilities (designated facilities)
whenever standards of performance
have been established under section
111(b) for new sources of the same type,
and EPA has established emission
guidelines for such existing sources. A
designated pollutant is any pollutant for
which no air quality criteria have been
issued, and which is not included on a
list published under section 108(a) or
section 112(b)(1)(A) of the CAA, but
emissions of which are subject to a
standard of performance for new
stationary sources.
EPA originally promulgated emission
guidelines for existing HMIWI in 1997,
in accordance with sections 111 and 129
of the Act. EPA codified revised
regulations at 40 CFR part 60, subpart
Ce. A HMIWI unit as defined in 40 CFR
60.51c is any device that combusts any
amount of hospital waste and/or
2 73
FR 16436, March 27, 2008.
FR 66964, November 12, 2008.
4 75 FR 6474, February 9, 2010.
3 73
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medical/infectious waste. Under section
129(b)(2) of the Act and the revised
guidelines at subpart Ce, states with
subject sources must submit to EPA
plans that implement the Emission
Guidelines.
Subpart B of 40 CFR part 60
establishes procedures to be followed
and requirements to be met in the
development and submission of state
plans for controlling designated
pollutants. 40 CFR part 62 provides the
procedural framework for the
submission of these plans. As
aforementioned, when designated
facilities are located in a state, a state
must develop and submit a plan for the
control of the designated pollutant.
However, 40 CFR 62.06 provides that
if there are no existing sources of the
designated pollutant in the state, the
state may submit a letter of certification
to that effect, or negative declaration, in
lieu of a plan. The negative declaration
exempts the state from the requirement
to develop a plan meeting the
requirements of subpart Ce.
The State of Iowa HMIWI plan and
related state rule were approved by EPA
on June 17, 1999, and codified in 40
CFR Part 62, subpart Q. (64 FR 32427)
Since that time, the two designated
incinerator facilities in Iowa subject to
the plan have been dismantled,
according to documentation submitted
by IDNR.
Therefore, on March 1, 2011, EPA
received a submittal from IDNR
requesting EPA approval of a negative
declaration for HMIWI and requesting
EPA to approve Iowa’s revocation of the
prior 111(d) plan for HMIWI units in
Iowa. The state submittal included
supplemental documentation about the
dismantling and removal of the
previously-affected HMIWI, the name of
each designated facility that has been
permanently shutdown, and the year it
was dismantled.
Pursuant to the authority of Iowa
Code section 455B.133, the Iowa
Environmental Protection Commission
amended the 111(d) plan to remove the
emission guidelines for existing HMIWI
in Chapter 23, ‘‘Emission Standards for
Contaminants,’’ paragraph 23.1 (5) ‘‘b’’
of the Iowa Administrative Code. EPA
requested that Iowa verify that
amendments to EPA’s original 1997
HMIWI requirements finalized in 2009
and 2011 did not affect Iowa’s negative
declaration (74 FR 51367 and 76 FR
18407). IDNR submitted documentation
on May 28, 2013, reaffirming that these
amendments to the rule did not impact
their negative declaration that
determined no units within the state are
subject to the emissions guidelines of
HMIWI. EPA is approving the rescission
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63889
of the emission guidelines and 111 (d)
plan for existing HMIWI.
IV. What part 70 revisions are being
approved by EPA?
EPA is approving two changes to
IDNR’s Title V program. One change is
the updating of the Air Quality Bureau’s
zip code, as previously stated; the other
is to approve a change to the
requirements for submitting a Title V
operating permit application. Facility
owners or operators submitting
electronic applications are no longer
required to also submit a hard copy
application to EPA Region 7, as EPA
now has access to IDNR’s Title V
database, which allows EPA to review
electronic copies of applications.
For clarification, the revision to
remove the requirement that facilities
submit a hard copy application to EPA
does not pertain or otherwise interfere
with the independent obligations the
state is responsible for under the CrossMedia Electronic Reporting Rule
(CROMERR) found at 40 CFR Part 3. As
stated in 74 FR 68692, EPA is not acting
on the revision to Iowa Administrative
Code 567–22.105(1) that allows facility
owners or operators to submit an
electronic Title V operating permit
application until the State obtains
approval from EPA that its electronic
document receiving system is consistent
with CROMERR.
V. What final action is EPA taking?
EPA is taking final action to approve
changes to Chapter 22.9 related to the
State’s plan for Regional Haze.
EPA is taking final action to approve
changes to the definitions of Volatile
Organic Compounds (VOCs) in Chapter
20 and 33.
EPA is taking final action to approve
changes to several chapters which
update the zip code for the IDNR Air
Quality Bureau Offices.
EPA is taking final action to approve
an exemption from construction
permitting in Chapter 22.1 for certain
temporary diesel engines used in
periodic testing and maintenance of
natural gas pipelines.
EPA is taking final action to approve
changes to Chapter 24 which allow for
initial reports of excess emissions to be
made via email.
EPA is taking final action to approve
minor changes to IDNR’s stack testing
notifications and test protocols in
Chapter 25.1.
EPA is taking final action to approve
amendments to Chapter 28, to include
the adoption by reference of the NAAQS
for 2008 Ozone, 2008 Lead, and 2010
Nitrogen Dioxide into Iowa’s Federallyapproved SIP.
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EPA is taking final action to amend
Iowa’s 111(d) plan for HMIWI units to:
(1) approve Iowa’s negative declaration
and (2) approve Iowa’s revocation of the
111(d) plan for HMIWI units in Iowa.
However, if an affected Iowa HMIWI
unit is discovered in the State of Iowa
in the future, all the requirements of the
Federal plan (including revisions or
amendments), part 62, subpart HHH,
will be applicable to the affected unit,
until Iowa adopts and EPA approves a
new plan to address such unit.
EPA is taking final action to approve
two changes to IDNR’s Title V program,
updating of the Air Quality Bureau’s zip
code, and removing the requirement to
submit a hard-copy application to EPA
Region 7.
EPA is processing these actions in 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 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.
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
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. This action also merely
approves a state negative declaration as
meeting Federal requirements and
imposes no additional requirements.
The State’s negative determination is a
determination that there are no sources
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in the State subject to the emission
guidelines; therefore, a 111(d) plan is
not needed.
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 a state negative declaration,
withdrawal of prior 111(d) plan, and
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
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 approves a
negative declaration and 111(d) plan
revocation, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA.
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. Additionally, in
reviewing section 111(d)/129 plan
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. In this context,
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Sfmt 4700
in the absence of a prior existing
requirement for the State to use
voluntary consensus standards (VCS),
EPA has no authority to disapprove a
111(d)/129 plan submission for failure
to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a 111(d)/129 plan
submission, to use VCS in place of a
111(d)/129 plan submission that
otherwise satisfies the provisions of the
CAA. 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 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 state
rules implementing Federal standards
and a state negative declaration as
required by Federal regulations. 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.). Burden is
defined at 5 CFR 1320.3(b).
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 December 24, 2013. 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
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rule, so that EPA can withdraw this
direct final rule and address the
comment in the final rulemaking.
This action, including the SIP
revisions and approval of the State of
Iowa section 111(d)/129 negative
declaration and rescission of the HMIWI
plan 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Lead, Nitrogen dioxide.
40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Aluminum,
Fertilizers, Fluoride, Intergovernmental
relations, Paper and paper products
industry, Phosphate, Reporting and
recordkeeping requirements, Sulfur
oxides, Sulfur acid plants, Waste
treatment and disposal.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
40 CFR Part 70
Subpart Q—Iowa
Administrative practice and
procedure, Air pollution control,
Intergovernmental relations, Operating
permits, Reporting and recordkeeping
requirements.
■
Dated: September 6, 2013.
Karl Brooks,
Regional Administrator, Region 7.
2. Section 52.820 table in paragraph
(c) is amended by revising the entries
for ‘‘567–20.2’’, ‘‘567–20.3’’, ‘‘567–
22.1’’, ‘‘567–22.3’’, ‘‘567–22.9’’, ‘‘567–
22.203’’, ‘‘567–22.209’’, ‘‘567–22.300’’,
‘‘567–23.1’’, ‘‘567–24.1’’, ‘‘567–25.1’’,
‘‘567–28.1’’, and ‘‘567–33.3’’ to read as
follows:
§ 52.820
40 CFR Parts 52, 62, and 70 are
amended as follows:
*
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—Rule of Practice
*
567–20.2 .........
*
*
Definitions .....................................................
*
11/11/09
567–20.3 .........
Air Quality Forms Generally .........................
11/11/09
*
*
*
*
*
*
[insert Federal Register page
where the document begins].
[insert Federal Register page
where the document begins].
*
*
10/25/13
number
10/25/13
number
*
*
Chapter 22—Controlling Pollution
Permits required for New or Existing Stationary Source.
11/11/09
10/25/13 [insert Federal Register page
number where the document begins].
*
567–22.3 .........
*
*
Issuing Permits .............................................
*
11/11/09
*
*
10/25/13 [insert Federal Register page
number where the document begins].
*
*
567–22.9 .........
*
*
Special Requirements for Visibility Protection.
*
11/11/09
*
*
10/25/13 [insert Federal Register page
number where the document begins].
*
*
567–22.203 .....
*
*
Voluntary Operating Permit Applications ......
*
11/11/09
*
*
10/25/13 [insert Federal Register page
number where the document begins].
*
*
567–22.209 .....
*
*
Change of Ownership for Facilities With
Voluntary Operating Permits.
*
11/11/09
*
*
10/25/13 [insert Federal Register page
number where the document begins].
*
*
567–22.300 .....
emcdonald on DSK67QTVN1PROD with RULES
567–22.1 .........
*
*
Operating Permit by Rule for Small Sources
*
11/11/09
*
*
10/25/13 [insert Federal Register page
number where the document begins].
*
*
*
*
*
*
*
Chapter 23—Emission Standards for Contaminants
567–23.1 .........
VerDate Mar<15>2010
Emission Standards ......................................
15:42 Oct 24, 2013
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EPA-APPROVED IOWA REGULATIONS—Continued
Iowa citation
State effective
date
Title
*
*
*
EPA approval date
*
*
Explanation
*
*
Chapter 24—Excess Emissions
567–24.1 .........
Excess Emission Reporting ..........................
*
*
11/24/10
*
10/25/13 [insert Federal Register page
number where the document begins].
*
*
*
*
Chapter 25—Measurement of Emissions
567–25.1 .........
Testing and Sampling of New and Existing
Equipment.
*
*
11/11/09
*
10/25/13 [insert Federal Register page
number where the document begins].
*
*
*
*
Chapter 28—Ambient Air Quality Standards
567–28.1 .........
Statewide Standards ....................................
*
*
11/24/10
*
10/25/13 [insert Federal Register 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 .........
*
*
Purpose ........................................................
*
*
*
*
*
*
*
11/11/09
*
*
*
*
10/25/13 [insert Federal Register page
number where the document begins].
*
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
5. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
3. The authority citation for part 62
continues to read as follows:
■
6. Appendix A to Part 70 is amended
by adding paragraph (n) under ‘‘Iowa’’
to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
4. Section 62.3914 is revised to read
as follows:
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Program
§ 62.3914 Identification of plan—negative
declaration.
Iowa
emcdonald on DSK67QTVN1PROD with RULES
■
(a) Identification of plan—negative
declaration. Letter from the Iowa
Department of Natural Resources,
submitted March 1, 2011, certifying that
there are no Hospital Medical Infectious
Waste Incinerators subject to 40 CFR
part 60, subpart Ce of this chapter.
Submission included a negative
declaration, supporting state
documentation, and request for EPA
withdrawal of EPA’s prior plan approval
for HMIWI Units.
(b) Effective date. The effective date of
the negative declaration and EPA
withdrawal of the prior plan approval is
December 24, 2013.
VerDate Mar<15>2010
15:42 Oct 24, 2013
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*
*
*
*
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2013–24864 Filed 10–24–13; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
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*
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 121126649–3347–02]
RIN 0648–BC79
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Monkfish
Fishery; Emergency Action Extension
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action extended.
AGENCY:
(n) The Iowa Department of Natural
Resources submitted for program approval a
revision to 567–22.105(1) on January 11,
2010. The State effective date was November
11, 2009. These revisions to the Iowa
program, are approved effective December
24, 2013.
*
*
*
Pursuant to its emergency
authority, NMFS extends and revises an
emergency action that temporarily
suspended and modified monkfish
landing limits for vessels issued a
Federal limited access monkfish
Category C or D fishing under a
Northeast multispecies day-at-sea, or
both a Northeast multispecies and
monkfish day-at-sea, in the monkfish
Northern Fishery Management Area.
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Rules and Regulations]
[Pages 63887-63892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24864]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52, 62, and 70
[EPA-R07-OAR-2012-0410; FRL 9901-65-Region 7]
Approval and Promulgation of Implementation Plans; Approval and
Promulgation of State Air Quality Plans for Designated Facilities and
Pollutants, State of Iowa; Control of Emissions From Existing Hospital/
Medical/Infectious Waste Incinerator Units, Negative Declaration and
111(d) Plan Rescission; Approval and Promulgation of Operating Permits
Program, State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving, through direct final rulemaking, revisions
to the State of Iowa's State Implementation Plan (SIP), Title V
program, and Clean Air Act (CAA) section 111(d) plan. The purpose of
these revisions is to make general updates to existing state air
quality rules, approve an exemption from constructing permitting for
engines used in periodic pipeline testing, approve changes to state
rules regarding regional haze requirements, and to approve adoption of
Federal regulations including the National Ambient Air Quality
Standards (NAAQS) for 2008 Ozone, 2008 Lead, and 2010 Nitrogen Dioxide.
EPA is approving the SIP
[[Page 63888]]
provisions pursuant to section 110 of the CAA.
EPA is also taking direct final action to approve a Hospital
Medical Infectious Waste Incinerators (HMIWI) section 111(d) negative
declaration from the State of Iowa which certifies that HMIWIs, subject
to the requirements of sections 111(d) and 129 of the CAA, do not exist
in the State; and approving the rescission of its section 111(d)/129
plan and emission guidelines for HMIWI units. EPA is approving these
actions pursuant to section 111 of the CAA.
EPA is also approving two minor administrative changes to the Title
V program, pursuant to section 500 of the CAA.
DATES: This rule is effective December 24, 2013, without further
notice, unless EPA receives adverse comment by November 25, 2013. 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-2012-0410, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: jay.michael@epa.gov.
3. Mail or Hand Delivery: Michael Jay, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Blvd.,
Lenexa, KS, 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0410. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov, your
email 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
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 at www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Blvd., Lenexa, KS, 66219. The Regional Office's official
hours of business are Monday through Friday, 8:00 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: Michael Jay at (913) 551-7460, or by
email at jay.michael@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 are being approved by EPA?
III. What part 62 revisions are being approved by EPA?
IV. What part 70 revisions are being approved by EPA?
V. What final action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
On March 7, 2008, EPA Region 7 received a submission from the Iowa
Department of Natural Resources (IDNR) requesting revisions to Iowa's
Federally-approved SIP. These revisions made changes to Chapter 22,
``Controlling Pollution,'' of the Iowa Administrative Code (IAC),
promulgated by the Iowa Environmental Protection Commission (EPC). EPA
took action on a portion of this plan submittal on June 26, 2012; \1\
EPA is taking direct final action on remaining portions of this
submittal in today's action.
---------------------------------------------------------------------------
\1\ 77 FR 38006.
---------------------------------------------------------------------------
On January 11, 2010, EPA Region 7 received a submission from IDNR
requesting revisions to Iowa's Federally-approved SIP and Title V
program including changes to Chapter 20, ``Scope of Title--
Definitions--Forms--Rules of Practice,'' Chapter 22, ``Controlling
Pollution,'' Chapter 23, ``Emission Standards for Contaminants,''
Chapter 25, ``Measurement of Emissions,'' Chapter 28, ``Ambient Air
Quality Standards,'' and Chapter 33, ``Special Regulations and
Construction Permit Requirements for Major Stationary Sources--
Prevention of Significant Deterioration (PSD) of Air Quality.'' EPA is
taking direct final action to approve revisions to these chapters in
today's action. Also included in the submittal were revisions to
Chapter 23, ``Emission Standards for Contaminants,'' which we are not
acting on today, and will address in a separate action.
On March 1, 2011, EPA Region 7 received a submittal from the IDNR
requesting revisions to Iowa's Federally-approved SIP and 111(d) plan,
including changes to Chapter 24, ``Excess Emissions,'' Chapter 28,
``Ambient Air Quality Standards,'' and changes to Chapter 23,
``Emission Standards.'' EPA is taking direct final action to approve
these changes in today's action.
II. What part 52 revisions are being approved by EPA?
EPA is approving changes to Chapter 22.9 related to the State's
plan for Regional Haze. EPA took final action on the State's Regional
Haze plan on June 26, 2012 (77 FR 38006), but inadvertently failed to
act on changes to the state rules. These changes include adding
definitions for Best Available Retrofit Technology (BART), deciview,
and mandatory Class I area, as well as establishing procedures for how
IDNR will notify source owners or operators about BART status, and
establishing provisions for how IDNR may request a BART analysis from
sources.
EPA is approving changes to the definitions of Volatile Organic
Compounds (VOCs) in Chapter 20 and 33. These changes update the state
rules to make them consistent with the Federal definitions as of
January 21, 2009.
EPA is approving changes to several chapters which update the zip
code for the IDNR Air Quality Bureau Offices. The offices remain in the
current location; however, a ZIP code change for the current location
took effect on July 1, 2009.
[[Page 63889]]
EPA is approving an exemption from construction permitting in
Chapter 22.1 for certain temporary diesel engines used in periodic
testing and maintenance of natural gas pipelines. The exemption
contains conditions to ensure that engine emissions will not exceed the
emission limits currently allowed under the State's small unit
exemption.
EPA is approving changes to Chapter 24 which allow for initial
reports of excess emissions to be made via electronic mail (email).
Facility owners and operators are still allowed to make initial reports
in person or by telephone. Owners or operators must still follow up
their initial report with a written, hard-copy report.
EPA is approving minor changes to IDNR's stack testing
notifications and test protocols in Chapter 25.1 which clarify IDNR's
procedures.
EPA is approving Iowa's amendments to Chapter 28, to include the
adoption by reference of the NAAQS for 2008 Ozone \2\, 2008 Lead \3\,
and 2010 Nitrogen Dioxide \4\ into Iowa's Federally-approved SIP.
States are not required to adopt ambient air quality standards, but are
required to implement the standards adopted by EPA pursuant to section
110 of the CAA. Iowa has adopted standards which are consistent with
the EPA standards, and therefore this revision to update the state
standards is approvable.
---------------------------------------------------------------------------
\2\ 73 FR 16436, March 27, 2008.
\3\ 73 FR 66964, November 12, 2008.
\4\ 75 FR 6474, February 9, 2010.
---------------------------------------------------------------------------
III. What part 62 revisions are being approved by EPA?
Section 111(d) of the CAA requires states to submit plans to
control certain pollutants (designated pollutants) at existing
facilities (designated facilities) whenever standards of performance
have been established under section 111(b) for new sources of the same
type, and EPA has established emission guidelines for such existing
sources. A designated pollutant is any pollutant for which no air
quality criteria have been issued, and which is not included on a list
published under section 108(a) or section 112(b)(1)(A) of the CAA, but
emissions of which are subject to a standard of performance for new
stationary sources.
EPA originally promulgated emission guidelines for existing HMIWI
in 1997, in accordance with sections 111 and 129 of the Act. EPA
codified revised regulations at 40 CFR part 60, subpart Ce. A HMIWI
unit as defined in 40 CFR 60.51c is any device that combusts any amount
of hospital waste and/or medical/infectious waste. Under section
129(b)(2) of the Act and the revised guidelines at subpart Ce, states
with subject sources must submit to EPA plans that implement the
Emission Guidelines.
Subpart B of 40 CFR part 60 establishes procedures to be followed
and requirements to be met in the development and submission of state
plans for controlling designated pollutants. 40 CFR part 62 provides
the procedural framework for the submission of these plans. As
aforementioned, when designated facilities are located in a state, a
state must develop and submit a plan for the control of the designated
pollutant.
However, 40 CFR 62.06 provides that if there are no existing
sources of the designated pollutant in the state, the state may submit
a letter of certification to that effect, or negative declaration, in
lieu of a plan. The negative declaration exempts the state from the
requirement to develop a plan meeting the requirements of subpart Ce.
The State of Iowa HMIWI plan and related state rule were approved
by EPA on June 17, 1999, and codified in 40 CFR Part 62, subpart Q. (64
FR 32427) Since that time, the two designated incinerator facilities in
Iowa subject to the plan have been dismantled, according to
documentation submitted by IDNR.
Therefore, on March 1, 2011, EPA received a submittal from IDNR
requesting EPA approval of a negative declaration for HMIWI and
requesting EPA to approve Iowa's revocation of the prior 111(d) plan
for HMIWI units in Iowa. The state submittal included supplemental
documentation about the dismantling and removal of the previously-
affected HMIWI, the name of each designated facility that has been
permanently shutdown, and the year it was dismantled.
Pursuant to the authority of Iowa Code section 455B.133, the Iowa
Environmental Protection Commission amended the 111(d) plan to remove
the emission guidelines for existing HMIWI in Chapter 23, ``Emission
Standards for Contaminants,'' paragraph 23.1 (5) ``b'' of the Iowa
Administrative Code. EPA requested that Iowa verify that amendments to
EPA's original 1997 HMIWI requirements finalized in 2009 and 2011 did
not affect Iowa's negative declaration (74 FR 51367 and 76 FR 18407).
IDNR submitted documentation on May 28, 2013, reaffirming that these
amendments to the rule did not impact their negative declaration that
determined no units within the state are subject to the emissions
guidelines of HMIWI. EPA is approving the rescission of the emission
guidelines and 111 (d) plan for existing HMIWI.
IV. What part 70 revisions are being approved by EPA?
EPA is approving two changes to IDNR's Title V program. One change
is the updating of the Air Quality Bureau's zip code, as previously
stated; the other is to approve a change to the requirements for
submitting a Title V operating permit application. Facility owners or
operators submitting electronic applications are no longer required to
also submit a hard copy application to EPA Region 7, as EPA now has
access to IDNR's Title V database, which allows EPA to review
electronic copies of applications.
For clarification, the revision to remove the requirement that
facilities submit a hard copy application to EPA does not pertain or
otherwise interfere with the independent obligations the state is
responsible for under the Cross-Media Electronic Reporting Rule
(CROMERR) found at 40 CFR Part 3. As stated in 74 FR 68692, EPA is not
acting on the revision to Iowa Administrative Code 567-22.105(1) that
allows facility owners or operators to submit an electronic Title V
operating permit application until the State obtains approval from EPA
that its electronic document receiving system is consistent with
CROMERR.
V. What final action is EPA taking?
EPA is taking final action to approve changes to Chapter 22.9
related to the State's plan for Regional Haze.
EPA is taking final action to approve changes to the definitions of
Volatile Organic Compounds (VOCs) in Chapter 20 and 33.
EPA is taking final action to approve changes to several chapters
which update the zip code for the IDNR Air Quality Bureau Offices.
EPA is taking final action to approve an exemption from
construction permitting in Chapter 22.1 for certain temporary diesel
engines used in periodic testing and maintenance of natural gas
pipelines.
EPA is taking final action to approve changes to Chapter 24 which
allow for initial reports of excess emissions to be made via email.
EPA is taking final action to approve minor changes to IDNR's stack
testing notifications and test protocols in Chapter 25.1.
EPA is taking final action to approve amendments to Chapter 28, to
include the adoption by reference of the NAAQS for 2008 Ozone, 2008
Lead, and 2010 Nitrogen Dioxide into Iowa's Federally-approved SIP.
[[Page 63890]]
EPA is taking final action to amend Iowa's 111(d) plan for HMIWI
units to: (1) approve Iowa's negative declaration and (2) approve
Iowa's revocation of the 111(d) plan for HMIWI units in Iowa. However,
if an affected Iowa HMIWI unit is discovered in the State of Iowa in
the future, all the requirements of the Federal plan (including
revisions or amendments), part 62, subpart HHH, will be applicable to
the affected unit, until Iowa adopts and EPA approves a new plan to
address such unit.
EPA is taking final action to approve two changes to IDNR's Title V
program, updating of the Air Quality Bureau's zip code, and removing
the requirement to submit a hard-copy application to EPA Region 7.
EPA is processing these actions in 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 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.
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
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.
This action also merely approves a state negative declaration as
meeting Federal requirements and imposes no additional requirements.
The State's negative determination is a determination that there are no
sources in the State subject to the emission guidelines; therefore, a
111(d) plan is not needed.
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 a state negative declaration, withdrawal of
prior 111(d) plan, and 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 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 approves a negative declaration and 111(d) plan
revocation, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA.
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. Additionally, in reviewing section
111(d)/129 plan 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 111(d)/129 plan submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a 111(d)/129
plan submission, to use VCS in place of a 111(d)/129 plan submission
that otherwise satisfies the provisions of the CAA. 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 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 state rules
implementing Federal standards and a state negative declaration as
required by Federal regulations. 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.). Burden is defined at 5
CFR 1320.3(b).
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 December 24, 2013. 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
[[Page 63891]]
rule, so that EPA can withdraw this direct final rule and address the
comment in the final rulemaking.
This action, including the SIP revisions and approval of the State
of Iowa section 111(d)/129 negative declaration and rescission of the
HMIWI plan 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, Incorporation by
reference, Intergovernmental relations, Ozone, Lead, Nitrogen dioxide.
40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride,
Intergovernmental relations, Paper and paper products industry,
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides,
Sulfur acid plants, Waste treatment and disposal.
40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.
Dated: September 6, 2013.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR Parts 52, 62, and 70 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. Section 52.820 table in paragraph (c) is amended by revising the
entries for ``567-20.2'', ``567-20.3'', ``567-22.1'', ``567-22.3'',
``567-22.9'', ``567-22.203'', ``567-22.209'', ``567-22.300'', ``567-
23.1'', ``567-24.1'', ``567-25.1'', ``567-28.1'', and ``567-33.3'' 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]
----------------------------------------------------------------------------------------------------------------
Chapter 20--Scope of Title--Definitions--Forms--Rule of Practice
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-20.2................ Definitions.......... 11/11/09 10/25/13 [insert
Federal Register
page number where
the document
begins].
567-20.3................ Air Quality Forms 11/11/09 10/25/13 [insert
Generally. Federal Register
page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1................ Permits required for 11/11/09 10/25/13 [insert
New or Existing Federal Register
Stationary Source. page number where
the document
begins].
* * * * * * *
567-22.3................ Issuing Permits...... 11/11/09 10/25/13 [insert
Federal Register
page number where
the document
begins].
* * * * * * *
567-22.9................ Special Requirements 11/11/09 10/25/13 [insert
for Visibility Federal Register
Protection. page number where
the document
begins].
* * * * * * *
567-22.203.............. Voluntary Operating 11/11/09 10/25/13 [insert
Permit Applications. Federal Register
page number where
the document
begins].
* * * * * * *
567-22.209.............. Change of Ownership 11/11/09 10/25/13 [insert
for Facilities With Federal Register
Voluntary Operating page number where
Permits. the document
begins].
* * * * * * *
567-22.300.............. Operating Permit by 11/11/09 10/25/13 [insert
Rule for Small Federal Register
Sources. page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 23--Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
567-23.1................ Emission Standards... 11/24/10 10/25/13 [insert
Federal Register
page number where
the document
begins].
[[Page 63892]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 24--Excess Emissions
----------------------------------------------------------------------------------------------------------------
567-24.1................ Excess Emission 11/24/10 10/25/13 [insert
Reporting. Federal Register
page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1................ Testing and Sampling 11/11/09 10/25/13 [insert
of New and Existing Federal Register
Equipment. page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1................ Statewide Standards.. 11/24/10 10/25/13 [insert
Federal Register
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................ Purpose.............. 11/11/09 10/25/13 [insert
Federal Register
page number where
the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
3. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
4. Section 62.3914 is revised to read as follows:
Sec. 62.3914 Identification of plan--negative declaration.
(a) Identification of plan--negative declaration. Letter from the
Iowa Department of Natural Resources, submitted March 1, 2011,
certifying that there are no Hospital Medical Infectious Waste
Incinerators subject to 40 CFR part 60, subpart Ce of this chapter.
Submission included a negative declaration, supporting state
documentation, and request for EPA withdrawal of EPA's prior plan
approval for HMIWI Units.
(b) Effective date. The effective date of the negative declaration
and EPA withdrawal of the prior plan approval is December 24, 2013.
PART 70--STATE OPERATING PERMIT PROGRAMS
0
5. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
6. Appendix A to Part 70 is amended by adding paragraph (n) under
``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Program
* * * * *
Iowa
* * * * *
(n) The Iowa Department of Natural Resources submitted for
program approval a revision to 567-22.105(1) on January 11, 2010.
The State effective date was November 11, 2009. These revisions to
the Iowa program, are approved effective December 24, 2013.
* * * * *
[FR Doc. 2013-24864 Filed 10-24-13; 8:45 am]
BILLING CODE 6560-50-P
