Approval and Promulgation of Implementation Plans; State of Iowa, 14402-14404 [2014-05512]
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14402
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
ZIP Code 999; HI = Hawaii 3-digit ZIP Codes 967 and 968; GU = Guam 3-digit ZIP Code 969.
Dated: March 10, 2014.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2014–05572 Filed 3–13–14; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0118; FRL–9907–77–
Region 7]
Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Environmental Protection
Agency (EPA) is approving revisions to
the State Implementation Plan (SIP) for
the State of Iowa. These revisions will
amend the SIP to include revisions to
Iowa air quality rule, Chapter 33,
‘‘Special Regulations and Construction
Permit Requirements for Major
Stationary Sources—Prevention of
Significant Deterioration (PSD) of Air
Quality.’’ This rule amendment makes
the state regulation consistent with the
Federal regulation for the fine
Particulate Matter (PM2.5) PSD program.
This revision will amend source
obligation provisions as they apply to
recordkeeping and will provide a
mechanism to allow industry to request
rescission of a PSD permit, both of
which match the Federal regulations.
This action is also consistent with the
state’s request to not include, into the
SIP, provisions relating to Significant
Impact Levels (SILs) and Significant
Monitoring Concentrations (SMCs).
These provisions were vacated and
remanded by the U.S. Court of Appeals
for the District of Columbia on January
22, 2013.
DATES: This direct final rule will be
effective May 13, 2014, without further
notice, unless EPA receives adverse
comment by April 14, 2014. 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–2014–0118, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
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17:05 Mar 13, 2014
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2. Email: Algoe-eakin.amy@epa.gov
3. Mail or Hand Delivery: Amy AlgoeEakin, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2014–
0118. 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 in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m. to 4:30 p.m.
excluding legal holidays. The interested
PO 00000
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Fmt 4700
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persons wanting to examine these
documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT:
Amy Algoe-Eakin, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7942, or by email at Algoeeakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this
document?
EPA is approving revisions into the
SIP to include amendments to the Iowa
air quality rules as they apply to
Prevention of Significant Deterioration
(PSD) of Air Quality.
The rules are amended to correspond
with the Federal regulation for
implementation of the PM2.5 PSD
program as identified in 40 CFR 52.21.
The following definitions are revised
to match the Federal regulation:
Baseline area; baseline date; enforceable
permit condition; Federally enforceable;
regulated New Source Review (NSR)
pollutant, and significant.
Revisions adopted by reference
include ambient air increments that
include thresholds for PM2.5, PSD
exemptions to incorporate PM2.5, source
impact analysis requirements to include
PM2.5, and requirements for sources that
impact Federal Class I areas to include
PM2.5. Source obligation provisions are
revised to match current Federal PSD
regulations. This revision also clarifies
the conditions whereby source owners
and operators must keep records and the
specific records that must be kept. For
the purposes of record keeping, the
Federal definition of ‘‘reasonable
possibility’’ has been added. A rule has
been added to establish provisions for
rescinding a PSD permit and is
commensurate with the Federal
provisions.
This action is also consistent with the
state’s request to not include the SIP
provisions relating to Significant Impact
Levels and Significant Monitoring
Concentrations. On January 22, 2013,
the U.S. Court of Appeals for the District
of Columbia vacated and remanded the
provisions at 40 CFR 51.166(k)(2) and
E:\FR\FM\14MRR1.SGM
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Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
52.21(k)(2) concerning implementation
of the PM2.5 SILs and vacated the
provisions at 40 CFR 51.166(i)(5)(i)(c)
and 52.21(i)(5)(i)(c) (adding the PM2.5
SMC) that were promulgated as part of
the October 20, 2010 rule, ‘‘Prevention
of Significant Deterioration (PSD) for
Particulate Matter less than 2.5
Micrometers (PM2.5)—Increments,
Significant Impact Levels and
Significant Monitoring Concentrations,’’
75 FR 64864.
II. Have the requirements for approval
of a SIP revision been met?
The state submittal has met the public
notice requirements for SIP submissions
in accordance with 40 CFR 51.102. The
submittal also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. The revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
mstockstill on DSK4VPTVN1PROD with RULES
III. What action is EPA taking?
EPA is approving the state’s request to
revise the SIP to include amendments to
the Iowa air quality rules as they apply
to PSD of Air Quality. The rule is
amended to correspond with the final
Federal regulation necessary for PM2.5
implementation for the PSD program.
This revision also revises source
obligation provisions as they apply to
recordkeeping, and provides a
mechanism to allow industry to request
rescission of a PSD permit, both of
which will match federal regulations.
Per the state’s July 23, 2013 request,
EPA is not including provisions of the
2010 PM2.5 PSD—Increments, SILs and
SMCs rule (75 FR 64865, October 20,
2010) relating to SILs and SMCs that
were affected by the January 22, 2013
U.S. Court of Appeals decision into SIP.
We are processing this action as a
direct final action because the revisions
make routine changes to the existing
rules which are noncontroversial.
Therefore, we do not anticipate any
adverse comments. Please note that if
EPA receives adverse comment on part
of this rule and if that part can be
severed from the remainder of the rule,
EPA may adopt as final those parts of
the rule that are not the subject of an
adverse comment.
Statutory and Executive Order Reviews
Under 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
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17:05 Mar 13, 2014
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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,
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14403
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 May 13, 2014. 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, Air quality,
Prevention of significant deterioration,
Incorporation by reference, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: February 28, 2014.
Karl Brooks,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
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.
Subpart Q—Iowa
2. Section 52.820(c) is amended by
revising in the table, under Chapter 33,
the entry for 567–33.3 to read as
follows:
■
52.820
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\14MRR1.SGM
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*
*
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Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State
effective
date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission [567]
*
*
*
*
*
*
*
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
*
*
*
567–33.3 ......................................
*
*
*
Special construction permit requirement for major stationary
sources in areas designated
attainment
or
unclassified
(PSD).
*
*
*
*
*
[FR Doc. 2014–05512 Filed 3–13–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0599; FRL–9906–92–
Region–9]
Approval and Promulgation of
Implementation Plans; California San
Francisco Bay Area and Chico
Nonattainment Areas; Fine Particulate
Matter Emissions Inventories
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
California State Implementation Plan
(SIP) concerning emissions inventories
for the 2006 24-hour fine particle
National Ambient Air Quality Standard
SUMMARY:
VerDate Mar<15>2010
17:05 Mar 13, 2014
*
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*
9/12/12
*
3/14/14 [Insert FR page
number where the document begins].
*
(NAAQS) for the San Francisco Bay
Area and Chico PM2.5 nonattainment
areas. We are approving these emissions
inventories under the Clean Air Act
(CAA or the Act).
DATES: This rule is effective on May 13,
2014 without further notice, unless EPA
receives adverse comments by April 14,
2014. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
that this direct final rule will not take
effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2013–0599, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
PO 00000
Frm 00038
Fmt 4700
*
Sfmt 4700
*
*
Provisions of the 2010
PM2.5 PSD—Increments, SILs and SMCs
rule (75 FR 64865, October 20, 2010) relating
to SILs and SMCs that
were affected by the
January 22, 2013 U.S.
Court of Appeals decision are not SIP approved.
In addition, we have not
approved Iowa’s rule incorporating EPA’s 2007
revision of the definition
of ‘‘chemical processing
plants’’ (the ‘‘Ethanol
Rule,’’ 72 FR 24060
(May 1, 2007) or EPA’s
2008 ‘‘fugitive emissions
rule,’’ 73 FR 77882 (December 19, 2008).
*
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. 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: Generally, documents in the
docket for this action are available
E:\FR\FM\14MRR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Rules and Regulations]
[Pages 14402-14404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05512]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0118; FRL-9907-77-Region 7]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Environmental Protection Agency (EPA) is approving revisions
to the State Implementation Plan (SIP) for the State of Iowa. These
revisions will amend the SIP to include revisions to Iowa air quality
rule, Chapter 33, ``Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality.'' This rule amendment makes the
state regulation consistent with the Federal regulation for the fine
Particulate Matter (PM2.5) PSD program. This revision will
amend source obligation provisions as they apply to recordkeeping and
will provide a mechanism to allow industry to request rescission of a
PSD permit, both of which match the Federal regulations. This action is
also consistent with the state's request to not include, into the SIP,
provisions relating to Significant Impact Levels (SILs) and Significant
Monitoring Concentrations (SMCs). These provisions were vacated and
remanded by the U.S. Court of Appeals for the District of Columbia on
January 22, 2013.
DATES: This direct final rule will be effective May 13, 2014, without
further notice, unless EPA receives adverse comment by April 14, 2014.
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-2014-0118, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: Algoe-eakin.amy@epa.gov
3. Mail or Hand Delivery: Amy Algoe-Eakin, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2014-0118. 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 in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 a.m. to 4:30
p.m. excluding legal 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: Amy Algoe-Eakin, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7942, or by email at
Algoe-eakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this document?
EPA is approving revisions into the SIP to include amendments to
the Iowa air quality rules as they apply to Prevention of Significant
Deterioration (PSD) of Air Quality.
The rules are amended to correspond with the Federal regulation for
implementation of the PM2.5 PSD program as identified in 40
CFR 52.21.
The following definitions are revised to match the Federal
regulation: Baseline area; baseline date; enforceable permit condition;
Federally enforceable; regulated New Source Review (NSR) pollutant, and
significant.
Revisions adopted by reference include ambient air increments that
include thresholds for PM2.5, PSD exemptions to incorporate
PM2.5, source impact analysis requirements to include
PM2.5, and requirements for sources that impact Federal
Class I areas to include PM2.5. Source obligation provisions
are revised to match current Federal PSD regulations. This revision
also clarifies the conditions whereby source owners and operators must
keep records and the specific records that must be kept. For the
purposes of record keeping, the Federal definition of ``reasonable
possibility'' has been added. A rule has been added to establish
provisions for rescinding a PSD permit and is commensurate with the
Federal provisions.
This action is also consistent with the state's request to not
include the SIP provisions relating to Significant Impact Levels and
Significant Monitoring Concentrations. On January 22, 2013, the U.S.
Court of Appeals for the District of Columbia vacated and remanded the
provisions at 40 CFR 51.166(k)(2) and
[[Page 14403]]
52.21(k)(2) concerning implementation of the PM2.5 SILs and
vacated the provisions at 40 CFR 51.166(i)(5)(i)(c) and
52.21(i)(5)(i)(c) (adding the PM2.5 SMC) that were
promulgated as part of the October 20, 2010 rule, ``Prevention of
Significant Deterioration (PSD) for Particulate Matter less than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
and Significant Monitoring Concentrations,'' 75 FR 64864.
II. Have the requirements for approval of a SIP revision been met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
III. What action is EPA taking?
EPA is approving the state's request to revise the SIP to include
amendments to the Iowa air quality rules as they apply to PSD of Air
Quality. The rule is amended to correspond with the final Federal
regulation necessary for PM2.5 implementation for the PSD
program. This revision also revises source obligation provisions as
they apply to recordkeeping, and provides a mechanism to allow industry
to request rescission of a PSD permit, both of which will match federal
regulations. Per the state's July 23, 2013 request, EPA is not
including provisions of the 2010 PM2.5 PSD--Increments, SILs
and SMCs rule (75 FR 64865, October 20, 2010) relating to SILs and SMCs
that were affected by the January 22, 2013 U.S. Court of Appeals
decision into SIP.
We are processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.
Statutory and Executive Order Reviews
Under 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 May 13, 2014. 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, Air quality,
Prevention of significant deterioration, Incorporation by reference,
Particulate matter, Reporting and recordkeeping requirements.
Dated: February 28, 2014.
Karl Brooks,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations is 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(c) is amended by revising in the table, under Chapter
33, the entry for 567-33.3 to read as follows:
52.820 Identification of plan.
* * * * *
(c) * * *
[[Page 14404]]
EPA-Approved Iowa Regulations
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State
Iowa citation Title effective date EPA approval date Explanation
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Iowa Department of Natural Resources Environmental Protection Commission [567]
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* * * * * * *
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Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of Significant Deterioration (PSD) of Air
Quality
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* * * * * * *
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567-33.3.......................... Special construction 9/12/12 3/14/14 [Insert FR page number where Provisions of the 2010 PM2.5 PSD--
permit requirement the document begins]. Increments, SILs and SMCs rule (75
for major stationary FR 64865, October 20, 2010) relating
sources in areas to SILs and SMCs that were affected
designated by the January 22, 2013 U.S. Court
attainment or of Appeals decision are not SIP
unclassified (PSD). approved.
In addition, we have not approved
Iowa's rule incorporating EPA's 2007
revision of the definition of
``chemical processing plants'' (the
``Ethanol Rule,'' 72 FR 24060 (May
1, 2007) or EPA's 2008 ``fugitive
emissions rule,'' 73 FR 77882
(December 19, 2008).
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* * * * * * *
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* * * * *
[FR Doc. 2014-05512 Filed 3-13-14; 8:45 am]
BILLING CODE 6560-50-P
