Approval and Promulgation of Implementation Plans; State of Iowa, 27763-27766 [2014-11088]
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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations
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Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 14, 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. 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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27763
Dated: April 25, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
submitted on November 17, 2009 and
adopted on September 15, 2009.
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Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
[FR Doc. 2014–11087 Filed 5–14–14; 8:45 am]
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS.
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for Part 52
continues to read as follows:
[EPA–R07–OAR–2014–0165; FRL–9910–67–
Region–7]
BILLING CODE 6560–50–P
40 CFR Part 52
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
2. Section 52.220 is amended by
adding paragraph (c)(437)to read as
follows:
■
§ 52.220
Identification of plan.
*
*
*
*
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(c) * * *
(437) New and amended regulations
for the following APCD was submitted
on November 17, 2009 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional Material
(A) Ventura County Air Pollution
Control District.
(1) Reasonably Available Control
Technology State Implementation Plan
Revision (2009 RACT SIP Revision) as
adopted on September 15, 2009 (‘‘2009
RACT SIP’’).
■ 3. Section 52.222 is amended by
adding paragraph (a)(10)(i) to read as
follows:
§ 52.222
Negative declarations.
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(a) * * *
(10) Ventura County Air Pollution
Control District.
(i) EPA–453/R06–004 Control
Techniques Guidelines for Flat Wood
Paneling Coatings; EPA–453/R–07–004
Control Techniques Guidelines for Large
Appliance Coatings; EPA–453/R–07–
003 Control Techniques Guidelines for
Paper, Film, and Foil Coatings; EPA–
452/R–08–006 Control Techniques
Guidelines for Automobile and LightDuty Truck Assembly Coatings; EPA
453/R–08–005 Control Techniques
Guidelines for Miscellaneous Industrial
Adhesives; EPA 453/R–06–003 Control
Techniques Guidelines for Flexible
Package Printing; EPA 453/R–07–005
Control Techniques Guidelines for
Metal Furniture Coatings; and EPA 453/
R–08–004 Control Techniques
Guidelines for Fiberglass Boat
Manufacturing Materials were
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The Environmental Protection
Agency (EPA) is approving revisions to
the State Implementation Plan (SIP) for
the State of Iowa. This action will
amend the SIP to include revised
permitting regulations to allow facilities
to construct or modify existing sources
in areas that are not in attainment with
the National Ambient Air Quality
Standards. The rule revisions
incorporate Federal regulation by
reference. The provisions from previous
nonattainment permitting rules are
being retained and are now relocated to
Chapter 31 ‘‘Nonattainment Areas’’.
EPA is also acting to approve the SIP to
update the rule revisions for the
definition of excess emissions and
conformity of general actions rule.
DATES: This direct final rule will be
effective July 14, 2014, without further
notice, unless EPA receives adverse
comment by June 16, 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–2014–0165, 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 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–
0165. 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
SUMMARY:
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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 to 4:30 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 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:
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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?
The Iowa Department of Natural
Resources requested the SIP be
amended to include revisions to the
following air quality rules: Chapter 20,
‘‘Scope of Title-Definitions-Forms-Rules
of Practice,’’ Chapter 22, ‘‘Controlling
Pollution,’’ Chapter 31, ‘‘Nonattainment
Areas,’’ and Chapter 33, ‘‘Special
Regulations and Construction Permit
Requirements for Major Stationary
Sources-Prevention for Significant
Deterioration of Air Quality.’’
The rule revisions adopt, by reference,
regulation from 40 CFR 51.165 to
incorporate review and permitting
procedures that allow facilities to
construct or modify existing sources in
areas that are not in attainment with the
National Ambient Air Quality
Standards. The modifications were
intended to streamline the rules and to
make them more user-friendly. One of
the most significant rule changes is that
the nonattainment permitting rules are
being moved to Chapter 31,
‘‘Nonattainment areas.’’ Iowa previously
adopted requirements for nonattainment
areas in rule 567–22.5(455B), and the
provisions of this rule are retained as
permits issued during previous
nonattainment declarations remain in
effect. The content of rule 567–
22.5(455B) is rescinded, and the content
moved to 31.20. To be clear, the content
remains unchanged and the state’s rules
for nonattainment major New Source
Review are no more or less stringent
than the Federal regulations when the
area was designated as nonattainment.
The requirements for areas designated
nonattainment after May 18, 1998 are in
rules 567–31.3(455B) to 567–31.9
(455B). In addition, 567–20.1 updates
information about the content of
Chapter 22 and 31 and 567–20.2 which
revises the definition of ‘‘excess
emissions’’ to update the references to
the nonattainment major NSR and
prevention of significant deterioration
rules. The state is also updating
references to the conformity of general
actions rule. Additional rule revisions
are more general and administrative in
nature. Those revisions include
updating references and introductory
rule language to synchronize with the
transitioning of rule content; removing
references to outdated guidance; and
updating the list of attainment and
unclassifiable areas in the state.
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II. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission 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 revisions to the SIP
for the State of Iowa. This rulemaking
adopts regulations to be consistent with
Federal review and permitting
procedures that allow facilities to
construct or modify existing sources in
areas that are not in attainment with the
NAAQS. Although incorporated by
reference, a new chapter will include all
nonattainment permitting regulations
for the ease of the reader. References
related to Federal regulations are being
updated, including references in the
definition of excess emission, and
conformity of general actions rule.
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
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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 July 14, 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).)
Prevention of significant deterioration,
Incorporation by reference, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: April 29, 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. In 52.820, the table in paragraph (c)
is amended by:
■ a. Revising entries ‘‘567–20.1’’, ‘‘567–
20.2’’, ‘‘567–22.1’’,‘‘567–22.5’’, ‘‘567–
31.1’’, ‘‘567–31.2’’, and ‘‘567–33.1’’; and
■ b. Adding entries ‘‘567–31.3’’, ‘‘567–
31.4’’, ‘‘567–31.9’’, ‘‘567–31.10’’, and
‘‘567–31.20’’.
The revisions and additions to read as
follows:
■
List of Subjects in 40 CFR Part 52
52.820
Environmental protection, Air
pollution control, Air quality,
*
Identification of plan.
*
*
(c) * * *
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EPA-APPROVED IOWA REGULATIONS
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
567–20.1 ......
Scope of Title ..................................
1/15/2014
5/15/2014 [[insert Federal Register
page number where the document begins]].
567–20.2 ......
Definitions .......................................
1/15/2014
5/15/2014 [insert Federal Register
page number where the document begins].
*
*
*
*
This rule is a non-substantive description of the Chapters contained in the Iowa rules. EPA
has not approved all of the
Chapters to which this rule refers.
The definitions for anaerobic lagoon, odor, odorous substance,
odorous substance and greenhouse gas are not SIP approved.
*
*
*
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Chapter 22—Controlling Pollution
567–22.1 ......
Permits Required for New or Existing Stationary Sources.
1/15/2014
*
567–22.5 ......
*
Special Requirements
attainment Areas.
1/15/2014
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for
*
Non-
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*
*
5/15/2014 [insert Federal Register
page number where the document begins].
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*
*
Rescinded and Moved to 567–
31.20.
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EPA-APPROVED IOWA REGULATIONS—Continued
Citation
State effective
date
Title
*
*
*
EPA approval date
*
Explanation
*
*
*
*
*
Chapter 31—Nonattainment Areas
567–31.1 ......
Permit Requirements Relating to
Nonattainment Areas.
1/15/2014
567–31.2 ......
Conformity of General Federal Actions to the Iowa SIP or Federal
Implementation Plan.
Nonattainment new source review
requirements for areas designated nonattainment on or after
May 18, 1998.
Preconstruction Review Permit Program.
1/15/2014
567–31.3 ......
567–31.4 ......
1/15/2014
1/15/2014
567–31.9 ......
Actual PALs ....................................
1/15/2014
567–31.10 ....
Validity of Rules ..............................
1/15/2014
567–31.20 ....
Special requirements for nonattainment areas designated before
May 18, 1998.
1/15/2014
*
*
*
5/15/2014 [insert
page number
ment begins].
5/15/2014 [insert
page number
ment begins].
5/15/2014 [insert
page number
ment begins].
5/15/2014 [insert
page number
ment begins].
5/15/2014 [insert
page number
ment begins].
5/15/2014 [insert
page number
ment begins].
5/15/2014 [insert
page number
ment begins].
*
Federal Register
where the docuFederal Register
where the docuFederal Register
where the docuFederal Register
where the docuFederal Register
where the docuFederal Register
where the docuFederal Register
where the docu*
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
567–33.1 ......
Purpose ...........................................
*
*
*
*
*
*
*
*
[FR Doc. 2014–11088 Filed 5–14–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 385
[Docket No. FMCSA–2014–0135]
RIN 2126–AB73
TKELLEY on DSK3SPTVN1PROD with RULES
Incorporation by Reference; North
American Standard Out-of-Service
Criteria; Hazardous Materials Safety
Permits
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends its
Hazardous Materials Safety Permits
rules to update the current
incorporation by reference of the ‘‘North
SUMMARY:
VerDate Mar<15>2010
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5/15/2014 [insert Federal Register
page number where the document begins].
*
*
American Standard Out-of-Service
Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR Part 173.403.’’ Currently the rules
reference the April 1, 2013, edition of
the out-of-service criteria and through
this final rule, FMCSA incorporates the
April 1, 2014, edition.
DATES: Effective May 15, 2014. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51 as of May 15,
2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Brian Routhier, Mechanical Engineer,
Federal Motor Carrier Safety
Administration, Office of Policy, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001, by telephone at (202)
366–1225 or via email brian.routhier@
dot.gov. Office hours are from 8 a.m. to
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*
*
4:30 p.m., Monday through Friday,
except Federal holidays. If you have
questions on viewing the docket,
contact Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This rulemaking updates an
incorporation by reference found at 49
CFR 385.4 and referenced at 49 CFR
385.415(b)(1). The rules currently
reference the April 1, 2013, edition of
‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR Part 173.403.’’ In this final rule,
FMCSA incorporates the April 1, 2014,
edition. The revision does not impose
new requirements or substantively
amend the Code of Federal Regulations.
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]]>Agencies
[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Rules and Regulations]
[Pages 27763-27766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11088]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0165; FRL-9910-67-Region-7]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plan (SIP) for the State of Iowa.
This action will amend the SIP to include revised permitting
regulations to allow facilities to construct or modify existing sources
in areas that are not in attainment with the National Ambient Air
Quality Standards. The rule revisions incorporate Federal regulation by
reference. The provisions from previous nonattainment permitting rules
are being retained and are now relocated to Chapter 31 ``Nonattainment
Areas''. EPA is also acting to approve the SIP to update the rule
revisions for the definition of excess emissions and conformity of
general actions rule.
DATES: This direct final rule will be effective July 14, 2014, without
further notice, unless EPA receives adverse comment by June 16, 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-2014-0165, 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-
2014-0165. 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
[[Page 27764]]
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 to 4:30
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?
The Iowa Department of Natural Resources requested the SIP be
amended to include revisions to the following air quality rules:
Chapter 20, ``Scope of Title-Definitions-Forms-Rules of Practice,''
Chapter 22, ``Controlling Pollution,'' Chapter 31, ``Nonattainment
Areas,'' and Chapter 33, ``Special Regulations and Construction Permit
Requirements for Major Stationary Sources-Prevention for Significant
Deterioration of Air Quality.''
The rule revisions adopt, by reference, regulation from 40 CFR
51.165 to incorporate review and permitting procedures that allow
facilities to construct or modify existing sources in areas that are
not in attainment with the National Ambient Air Quality Standards. The
modifications were intended to streamline the rules and to make them
more user-friendly. One of the most significant rule changes is that
the nonattainment permitting rules are being moved to Chapter 31,
``Nonattainment areas.'' Iowa previously adopted requirements for
nonattainment areas in rule 567-22.5(455B), and the provisions of this
rule are retained as permits issued during previous nonattainment
declarations remain in effect. The content of rule 567-22.5(455B) is
rescinded, and the content moved to 31.20. To be clear, the content
remains unchanged and the state's rules for nonattainment major New
Source Review are no more or less stringent than the Federal
regulations when the area was designated as nonattainment. The
requirements for areas designated nonattainment after May 18, 1998 are
in rules 567-31.3(455B) to 567-31.9 (455B). In addition, 567-20.1
updates information about the content of Chapter 22 and 31 and 567-20.2
which revises the definition of ``excess emissions'' to update the
references to the nonattainment major NSR and prevention of significant
deterioration rules. The state is also updating references to the
conformity of general actions rule. Additional rule revisions are more
general and administrative in nature. Those revisions include updating
references and introductory rule language to synchronize with the
transitioning of rule content; removing references to outdated
guidance; and updating the list of attainment and unclassifiable areas
in the state.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission 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 revisions to the SIP for the State of Iowa. This
rulemaking adopts regulations to be consistent with Federal review and
permitting procedures that allow facilities to construct or modify
existing sources in areas that are not in attainment with the NAAQS.
Although incorporated by reference, a new chapter will include all
nonattainment permitting regulations for the ease of the reader.
References related to Federal regulations are being updated, including
references in the definition of excess emission, and conformity of
general actions rule.
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
[[Page 27765]]
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 July 14, 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: April 29, 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. In 52.820, the table in paragraph (c) is amended by:
0
a. Revising entries ``567-20.1'', ``567-20.2'', ``567-22.1'',``567-
22.5'', ``567-31.1'', ``567-31.2'', and ``567-33.1''; and
0
b. Adding entries ``567-31.3'', ``567-31.4'', ``567-31.9'', ``567-
31.10'', and ``567-31.20''.
The revisions and additions to read as follows:
52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
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
----------------------------------------------------------------------------------------------------------------
567-20.1................ Scope of Title........ 1/15/2014 5/15/2014 [[insert This rule is a non-
Federal Register page substantive
number where the description of the
document begins]]. Chapters contained in
the Iowa rules. EPA
has not approved all
of the Chapters to
which this rule
refers.
567-20.2................ Definitions........... 1/15/2014 5/15/2014 [insert The definitions for
Federal Register page anaerobic lagoon,
number where the odor, odorous
document begins]. substance, odorous
substance and
greenhouse gas are
not SIP approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1................ Permits Required for 1/15/2014 5/15/2014 [insert ......................
New or Existing Federal Register page
Stationary Sources. number where the
document begins].
* * * * * * *
567-22.5................ Special Requirements 1/15/2014 5/15/2014 [insert Rescinded and Moved to
for Nonattainment Federal Register page 567-31.20.
Areas. number where the
document begins].
[[Page 27766]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
567-31.1................ Permit Requirements 1/15/2014 5/15/2014 [insert ......................
Relating to Federal Register page
Nonattainment Areas. number where the
document begins].
567-31.2................ Conformity of General 1/15/2014 5/15/2014 [insert ......................
Federal Actions to Federal Register page
the Iowa SIP or number where the
Federal document begins].
Implementation Plan.
567-31.3................ Nonattainment new 1/15/2014 5/15/2014 [insert ......................
source review Federal Register page
requirements for number where the
areas designated document begins].
nonattainment on or
after May 18, 1998.
567-31.4................ Preconstruction Review 1/15/2014 5/15/2014 [insert ......................
Permit Program. Federal Register page
number where the
document begins].
567-31.9................ Actual PALs........... 1/15/2014 5/15/2014 [insert ......................
Federal Register page
number where the
document begins].
567-31.10............... Validity of Rules..... 1/15/2014 5/15/2014 [insert ......................
Federal Register page
number where the
document begins].
567-31.20............... Special requirements 1/15/2014 5/15/2014 [insert ......................
for nonattainment Federal Register page
areas designated number where the
before May 18, 1998. document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1................ Purpose............... 1/15/2014 5/15/2014 [insert ......................
Federal Register page
number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-11088 Filed 5-14-14; 8:45 am]
BILLING CODE 6560-50-P
