Approval and Promulgation of Implementation Plans; State of Iowa, 62852-62856 [2014-24860]
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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
TABLE 1—EPA-APPROVED NEVADA REGULATIONS AND STATUTES—Continued
State
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[FR Doc. 2014–24762 Filed 10–20–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0300; FRL–9918–15–
Region 7]
Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revisions
submitted by the State of Iowa for the
purpose of approving the 2008, 2009,
2011, 2012, and 2013 updates to the
Linn County Air Quality Ordinance.
EPA is approving Iowa’s request to
include revisions to the Linn County Air
Quality Ordinance, Chapter 10, because
the revisions improve the stringency of
the Iowa SIP.
DATES: This direct final rule will be
effective on December 22, 2014, without
further notice, unless EPA receives
adverse comment by November 20,
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–2014–0300, 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–
0300. 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
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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
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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?
What is being addressed in this
document?
The Iowa Department of Natural
Resources (IDNR) requests EPA’s
approval of the 2008, 2009, 2010, 2012,
and 2013 revisions to the Linn County
Air Quality Ordinance, Chapter 10, as a
revision to the Iowa SIP. All changes
were adopted by the Linn County Board
of Supervisors for each of the years
addressed with this action. Pursuant to
a request from IDNR 1, EPA is taking
action on the 2008, 2009, 2010, 2013
and 2013 revisions to the Linn County
Air Quality Ordinance to the extent they
are contained in the 2013 version of the
Linn County Air Quality Ordinance. See
the Technical Support Document in the
docket for today’s action for further
information.
The following is a description of the
2008 revisions to the Linn County Air
Quality Ordinance, Chapter 10, which
are subject to this approval action and
consistent with the Federally-approved
state rules:
The following definitions are being
added to the Linn County Air Quality
Ordinance, Chapter 10.2 ‘‘Definitions’’:
ASME, ASTM, Attainment area,
Biodiesel fuel, Btu, Carbonaceous fuel,
Criteria, Department, Diesel fuel, DNR,
Electric furnace, Emission Unit, EPA
conditional method, EPA reference
method, Equipment, Excess air, Excess
emission, Foundry cupola, Gas cleaning
device, Goal, Heating value, IAC,
Initiation of construction, installation or
alteration, Level, New Source
Performance Standards, Nonattainment
area, Number 1 fuel oil/Number 2 fuel
oil, Objective, Plan documents, PM10,
1 See letter from Catharine Fitzsimmons, Chief of
the Air Quality Bureau of IDNR to Karl Brooks,
Regional Administrator of EPA Region 7, dated
August 15, 2014, available in the Docket for today’s
action.
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PM2.5, Privileged Communication,
Process, Salvage operations, Smoke
Monitor, Source operation, Standard
metropolitan statistical area, Theoretical
air, 12-month rolling period, Untreated,
and Urban area.
The following definitions are being
changed in the Linn County Air Quality
Ordinance, Chapter 10.2, ‘‘Definitions’’
to improve the stringency of the Iowa
SIP: Air Pollution Control Officer, Air
quality standard, Air pollution forecast,
Country grain elevator, Major Stationary
Source, Potential to Emit, Prevention of
Significant Deterioration, Process
weight rate, Responsible official,
Significant, State Implementation Plan,
Total Suspended Particles, Volatile
Organic Compounds.
‘‘Air Quality Division’’ or ‘‘Air
Pollution Control Agency’’ was deleted
from the 2008 submittal.
Chapter 10.5 addresses ‘‘Locally
Required Permits.’’ Changes in 2008
include a revision to 10.5(2) to
strengthen the rules for Authorization to
Install; two paragraphs are being added
to 10.5(2)(a) for additional permit
requirements; an administrative change
is being made to 10.5(2)(b), and
10.5(2)(d) is being added to outline
requirements for issuance of a permit.
Note that EPA has not approved the
local permit program with regard to
permits for major sources. Major source
permits (Prevention of Significant
Deterioration) are issued by IDNR.
‘‘Duration of Permit’’ is addressed in
10.5(3). This 2008 revision to 10.5(3)(c–
d) states permits can be renewed yearly
but are subject to 10.6—Permitting
Fees—of the ordinance. The rules to
post the permit are being revised for
additional detail and clarity.
‘‘Exemptions from the Authorization
to Install Permit and Permit to Operate
Requirements,’’ (10.5(9)) was revised in
2008, 2009, 2010 and 2011, and lists 37
exemptions too numerous to mention
here. For the entire list, refer to the
technical support document located in
the docket for this rulemaking. These
revisions are consistent with the
Federally-approved state rules.
Administrative changes were made to
10.5(10–11), ‘‘Emissions Offsets for
Non-Attainment Designated Areas,’’ and
‘‘Dispersion Credit Allowance,’’ in 2008.
Chapter 10.6 addresses permit fees
and is being revised at 10.6(3) to include
late filing fees for each permit and
permit renewal. A revision being made
to 10.6(4) states the fees are established
by resolution by the County.
The titles for 10.9 and 10.9(1) were
revised in 2008 to read ‘‘Emission
Standards,’’ and 10.9(1) ‘‘Emissions of
Particulate Matter.’’
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‘‘Grain Handling and Processing
Plants,’’ 10.9(1)(g), is being revised to
add three sub-sections to address the
limit of particulate matter discharged to
the atmosphere, and addresses grain bin
vents constructed, modified or
reconstructed before and after March 31,
2008. These revisions are consistent
with the Federally-approved state rules.
Grammatical changes are being made
to 10.9(1)(l) ‘‘Incinerator’’, and the
opacity for visible emissions from an
incinerator is being revised to reduce
opacity from sixty percent to forty
percent which strengthens the rule to
protect air quality. The state requested
this Chapter be added in to the 111(d)
plan which is being accomplished with
this rulemaking.
Chapter 10.10 of the Linn County Air
Quality Ordinance sets forth rules for
‘‘Open Burning.’’ In addition to
grammatical corrections, this 2008
revision addresses the issuance,
validity, and revisions to open burning
permits, as well as clarifying the
circumstances for burning landscape
wastes, and adds fire extinguisher
training to open burning exemptions.
This revision adds that open burning of
residential waste, landscape wastes and
leaves, within one-half mile of Cedar
Rapids, Hiawatha or Marion, Iowa, is
not allowed as of January 1, 2009.
Revisions to open burning rules are
consistent with Federally-approved
state rules.
Chapter 10.13, ‘‘Fugitive Dust’’, was
revised in 2008 at 10.13(1)(6) to add an
additional precaution to prevent fugitive
dust by reducing the speed of vehicles
traveling over on-property surfaces as
necessary to minimize the generation of
airborne dusts. These revisions are
consistent with Federally-approved
state rules.
Chapter 10.16 ‘‘Circumvention’’ is
being revised to add evidence used in
establishing that a violation has or is
occurring. Information from the use of a
monitoring method pursuant to 10.5,
compliance test methods pursuant to
10.17, or testing and monitoring
methods pursuant to 10.5 is being
added. Presumptive credible testing
(monitoring or testing methods, other
testing, monitoring or other informationgathering methods comparable to
10.16(1) ‘‘a’’) are being added to this
rule. These revisions are consistent with
Federally-approved state rules.
Chapter 10.17, ‘‘Testing and Sampling
of New and Existing Equipment,’’ is
revised to renumber/reorder sections
within the rule. Additional revisions to
this section include 10.17(1)
‘‘Continuous Monitoring of Opacity
from Coal-Fire Steam Generating Units’’;
10.17 sections 2 and 3 are reserved;
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10.17(4) ‘‘Continuous Monitoring of
Sulfur Dioxide from Sulfuric Acid
Plants’’; 10.17(8) ‘‘Tests by
Department.’’
Chapter 10.20 is renamed ‘‘Public
Records and Fair Information Practices’’
and describes that information received
will be publicly available or be granted
confidential treatment in accordance
with the IAC, and reproduction services
will be rendered at the rate established
by the Linn County Board of Health.
The following is a description of the
2009 revisions to the Linn County Air
Quality Ordinance, Chapter 10, which
are subject to this approval action:
The definition of ‘‘significant’’ is
revised in the Linn County Air Quality
Ordinance, Chapter 10.2,
‘‘Definitions.’’ 2
Table 1 of Chapter 10.9 is revised to
remove the phrase ‘‘or more’’ after the
process weight rate lb/hr 6,000,000, and
tons/hr 3,000.00.
Chapter 10.17, ‘‘Testing and Sampling
of New and Existing Equipment,’’ is
revised to add (7) ‘‘Tests by Owner’’ for
new, modified or existing equipment.
The following is a description of the
2011 revisions to the Linn County Air
Quality Ordinance, Chapter 10, which
are subject to this approval action:
The definition of ‘‘Volatile organic
compound’’ is added to the Linn County
Air Quality Ordinance, Chapter 10.2.
Chapter 10.6(2), ‘‘Annual Fee for
Permit to Operate,’’ was revised in 2012
to state renewal fees will be paid by the
invoice due date or the permit will
expire and not be valid.
The following is a description of the
2012 revisions to the Linn County Air
Quality Ordinance, Chapter 10, which
are subject to this approval action:
Chapter 10.6(1), ‘‘Permit Fees,’’ was
revised in 2013 to correct a grammatical
error.
Chapter 10.10 of the Linn County Air
Quality Ordinance sets forth rules for
‘‘Open Burning.’’ Revisions are made to
10.10(A)(1)(h–i), ‘‘Trees and Tree
Trimmings,’’ and ‘‘Other,’’ respectively.
‘‘Other’’ includes native prairie
management on a case-by-case basis as
allowed by permit and issued by the Air
Pollution Control Officer.
The following is a description of the
2013 revisions to the Linn County Air
Quality Ordinance, Chapter 10, which
are subject to this approval action:
Chapter 10.1, ‘‘Purpose and Ambient
Air Quality Standards,’’ was revised in
2 Pursuant to an email dated September 18, 2014,
from Catharine Fitzsimmons, Air Quality Bureau
Chief of IDNR, to Joshua Tapp, Chief of the Air
Planning and Development Branch of EPA Region
7, IDNR requests that EPA take no action on the
definition of ‘‘Significant’’ as it relates to PM2.5 and
it is therefore not included in today’s action. See
Docket for further information.
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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
2013 to amend the Federal references to
be consistent with state rules that are
Federally-approved.
The following definitions are revised
in the Linn County Air Quality
Ordinance, Chapter 10.2, ‘‘Definitions’’
and are consistent with state rules that
are Federally-approved: EPA reference
method, PM10, PM2.5, and Total
suspended particulate.
Chapter 10.5 addresses ‘‘Locally
Required Permits.’’ The 2013 Revision
to 10.5(6), ‘‘Transfer of Permits,’’ adds
written notification delivery methods to
be consistent with Federally-approved
state rules, and reduces the number of
days for notification from 30 to 14 when
transferring portable equipment.
Chapter 10.17, ‘‘Testing and Sampling
of New and Existing Equipment,’’ is
being revised at 10.17(5) ‘‘Maintenance
of Records of Continuous Monitors,’’ for
administrative changes, and at 10.17(6)
‘‘Reporting of Continuous Monitoring
Information.’’ 10.17(6) strengthened the
reporting requirements and is consistent
with Federally-approved state rules.
Changes to 10.17(9) ‘‘Methods and
Procedures’’ include revisions for
performance test (stack tests),
continuous monitoring systems, and
permit and compliance demonstration
requirements to include the most recent
analytical reference methods to be
consistent with Federally-approved
state rules.
Changes to 10.17(10) and (11) remove
references to specific processes in this
chapter making the rules more stringent,
as all processes are included in the
revision. Changes to 10.17(12) include
the most recent revision to the EPA
reference method to be Federallyapproved state rules.
The following is a list of definitions
and rules which are not being approved
as part of the EPA-approved SIP:
10.2 ‘‘Definitions’’; definition of
Anaerobic Lagoon, definition of
Biomass, definition of FederallyEnforceable, definition of Greenhouse
Gas, definition of Major Modification,
definition of Maximum Achievable
Control Technology (MACT), and the
definition of MACT Floor. (The
definition of ‘‘Significant’’ is approved.
However, the state of Iowa has
withdrawn their request to included
PM2.5 in the definition of ‘‘significant.’’)
10.4–1, Title V Permits; 10.5(9) ‘‘b’’
Locally Required Permits; Exemptions
from the Authorization to Install Permit
to Operate Requirements;
10.8(2) ‘‘b’’ Emissions From FuelBurning Equipment; Emission
Limitation; 10.8(3) Emissions From
Fuel-Burning Equipment; Exemptions
for Residential Heaters Burning Solid
Fuels; 10.8(4) Emissions from Fuel-
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Burning Equipment; Nuisance
Conditions for Fuel Burning Equipment;
10.9(2), New Source Performance
Standards (NSPS); 10.9(3), Emission
Standards for Hazardous Air Pollutants
(HAPs); 10.9(4), Emission Standards for
HAPs for Source Categories; 10.10(4),
Variance from Rules; 10.11, Emission of
Objectionable Odors; 10.15, Variances;
10.17(13), Continuous Emissions from
Acid Rain, and 10.24, Penalty.
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. In addition, as
explained above and in more detail in
the technical support document which
is part of this document, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is taking action on the 2008,
2009, 2010, 2013 and 2013 revisions to
the Linn County Air Quality Ordinance
and is approving those revisions to the
extent they are contained in the 2013
version of the Linn County Air Quality
Ordinance. These revisions will
improve the stringency of the SIP.
We are taking direct final action to
approve revisions because they are
routine changes to the existing rules
which are noncontroversial. Therefore,
we do not anticipate any adverse
comments. However, in the ‘‘Proposed
Rules’’ section of this Federal Register,
we are publishing a separate document
that will serve as the proposed rule if
adverse comments are received on this
direct final rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
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:
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• 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).
• 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
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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 22, 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
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
Environmental protection, Air
pollution control, Administrative
practice and procedure, Incorporation
by reference, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides.
Dated: September 30, 2014.
Rebecca Weber,
Acting Regional Administrator, Region 7.
2. In § 52.820 the table in paragraph
(c) is amended by revising the entry for
‘‘Chapter 10’’ under the heading ‘‘Linn
County’’ to read as follows:
■
§ 52.820
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Identification of Plan.
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Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
EPA-APPROVED IOWA REGULATIONS
Iowa
citation
State
effective
date
Title
EPA
approval
date
Explanation
Iowa Department of Natural Resources, Environmental Protection Commission [567]
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Linn County
Chapter 10 ....
Linn County Air Quality Ordinance,
Chapter 10.
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The following definitions are not SIP-approved in Chapter 10.2;
Anaerobic lagoon, Biomass, Chemical processing plants (ethanol production facilities that produce ethanol by natural fermentation included in NAICS code 325193 or 312140 are not
included in this definition);
Federally Enforceable; Greenhouse gases; Maximum Achievable
Control Technology (MACT); MACT floor; Major modification;
Significant is approved, however, PM2.5 is not included in the
definition of ‘‘significant.’’ The following sections are not SIP
approved: 10.4(1), Title V Permits; 10.5(9) ‘‘b’’ Locally Required Permits; Exemptions from the Authorization to Install
Permit to Operate Requirements; 10.8(2) ‘‘b’’ Emissions From
Fuel-Burning Equipment; Emission Limitation; 10.8(3) Emissions From Fuel-Burning Equipment; Exemptions for Residential Heaters Burning Solid Fuels; 10.8(4) Emissions from FuelBurning Equipment; Nuisance Conditions for Fuel Burning
Equipment; 10.9(2), NSPS; 10.9(3), Emission Standards for
HAPs; 10.9(4), Emission Standards for HAPs for Source Categories; 10.10(4) Variance from rules; 10.11, Emission of Objectionable Odors; 10.15, Variances, 10.17(13) Continuous
Emissions Monitoring from Acid Rain Program, and 10.24,
Penalty.
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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0688; FRL–9918–10–
Region 7]
Approval and Promulgation of
Implementation Plans; State of
Missouri, Control of Emissions From
Hand-Fired Equipment
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
Implementation Plan (SIP) submitted by
the State of Missouri on May 8, 2012,
related to a Missouri rule titled ‘‘Control
of Emissions from Hand-Fired
Equipment.’’ Today’s action approves a
revision to the Missouri SIP that allows
the burning of discarded clean wood in
non-residential (commercial owned and
operated) heating devices, with
restrictions to ensure environmentallysound operation, in the St. Louis
metropolitan area.
DATES: This direct final rule will be
effective December 22, 2014, without
further notice, unless EPA receives
adverse comment by November 20,
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–2014–0688, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: gonzalez.larry@epa.gov.
3. Mail or Hand Delivery: Larry
Gonzalez, 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–
0688. 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
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:11 Oct 20, 2014
Jkt 235001
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:
Larry Gonzalez, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7041 or by email at
gonzalez.larry@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 a SIP?
II. What is the Federal approval process for
a SIP?
III. What does Federal approval of a State
regulation mean to me?
IV. What is being addressed in this
document?
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
V. Have the requirements for approval of a
SIP revision been met?
VI. What action is EPA taking?
VII. Statutory and Executive Order Reviews
I. What is a SIP?
Section 110 of the Clean Air Act
(CAA) requires states to develop air
pollution regulations and control
strategies to ensure that state air quality
meets the National Ambient Air Quality
Standards (NAAQS) established by the
EPA. These standards are established
under section 109 of the CAA, and they
currently address six criteria pollutants.
These pollutants are carbon monoxide,
nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
Each state must submit these
regulations and control strategies to EPA
for approval and incorporation into the
Federally-enforceable SIP. Each
Federally-approved SIP protects air
quality primarily by addressing air
pollution at its point of origin. These
SIPs can be extensive, containing state
regulations or other enforceable
documents and supporting information
such as emission inventories,
monitoring networks, and modeling
demonstrations.
II. What is the Federal approval
process for a SIP?
In order for state regulations to be
incorporated into the Federallyenforceable SIP, states must formally
adopt the regulations and control
strategies consistent with state and
Federal requirements. This process
generally includes a public notice,
public hearing, public comment period
and a formal adoption by a stateauthorized rulemaking body.
Once a state rule, regulation, or
control strategy is adopted, the state
submits it to EPA and requests that it be
included into the state’s SIP. EPA must
provide public notice and seek
additional public comment before it
takes final action on the state’s request
to modify, or revise its implementation
plan.
All state regulations and supporting
information approved by EPA under
section 110 of the CAA are incorporated
into the Federally-approved SIP.
Records of such SIP actions are
maintained in the Code of Federal
Regulations (CFR) at title 40, part 52,
entitled ‘‘Approval and Promulgation of
Implementation Plans.’’ The actual state
regulations which are approved are not
reproduced in their entirety in the CFR
outright, but are ‘‘incorporated by
reference,’’ which means that we have
E:\FR\FM\21OCR1.SGM
21OCR1
]]>Agencies
[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62852-62856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24860]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0300; FRL-9918-15-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 the
State Implementation Plan (SIP) revisions submitted by the State of
Iowa for the purpose of approving the 2008, 2009, 2011, 2012, and 2013
updates to the Linn County Air Quality Ordinance. EPA is approving
Iowa's request to include revisions to the Linn County Air Quality
Ordinance, Chapter 10, because the revisions improve the stringency of
the Iowa SIP.
DATES: This direct final rule will be effective on December 22, 2014,
without further notice, unless EPA receives adverse comment by November
20, 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-2014-0300, 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-
2014-0300. 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 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?
What is being addressed in this document?
The Iowa Department of Natural Resources (IDNR) requests EPA's
approval of the 2008, 2009, 2010, 2012, and 2013 revisions to the Linn
County Air Quality Ordinance, Chapter 10, as a revision to the Iowa
SIP. All changes were adopted by the Linn County Board of Supervisors
for each of the years addressed with this action. Pursuant to a request
from IDNR \1\, EPA is taking action on the 2008, 2009, 2010, 2013 and
2013 revisions to the Linn County Air Quality Ordinance to the extent
they are contained in the 2013 version of the Linn County Air Quality
Ordinance. See the Technical Support Document in the docket for today's
action for further information.
---------------------------------------------------------------------------
\1\ See letter from Catharine Fitzsimmons, Chief of the Air
Quality Bureau of IDNR to Karl Brooks, Regional Administrator of EPA
Region 7, dated August 15, 2014, available in the Docket for today's
action.
---------------------------------------------------------------------------
The following is a description of the 2008 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action and consistent with the Federally-approved state rules:
The following definitions are being added to the Linn County Air
Quality Ordinance, Chapter 10.2 ``Definitions'': ASME, ASTM, Attainment
area, Biodiesel fuel, Btu, Carbonaceous fuel, Criteria, Department,
Diesel fuel, DNR, Electric furnace, Emission Unit, EPA conditional
method, EPA reference method, Equipment, Excess air, Excess emission,
Foundry cupola, Gas cleaning device, Goal, Heating value, IAC,
Initiation of construction, installation or alteration, Level, New
Source Performance Standards, Nonattainment area, Number 1 fuel oil/
Number 2 fuel oil, Objective, Plan documents, PM10,
[[Page 62853]]
PM2.5, Privileged Communication, Process, Salvage
operations, Smoke Monitor, Source operation, Standard metropolitan
statistical area, Theoretical air, 12-month rolling period, Untreated,
and Urban area.
The following definitions are being changed in the Linn County Air
Quality Ordinance, Chapter 10.2, ``Definitions'' to improve the
stringency of the Iowa SIP: Air Pollution Control Officer, Air quality
standard, Air pollution forecast, Country grain elevator, Major
Stationary Source, Potential to Emit, Prevention of Significant
Deterioration, Process weight rate, Responsible official, Significant,
State Implementation Plan, Total Suspended Particles, Volatile Organic
Compounds.
``Air Quality Division'' or ``Air Pollution Control Agency'' was
deleted from the 2008 submittal.
Chapter 10.5 addresses ``Locally Required Permits.'' Changes in
2008 include a revision to 10.5(2) to strengthen the rules for
Authorization to Install; two paragraphs are being added to 10.5(2)(a)
for additional permit requirements; an administrative change is being
made to 10.5(2)(b), and 10.5(2)(d) is being added to outline
requirements for issuance of a permit. Note that EPA has not approved
the local permit program with regard to permits for major sources.
Major source permits (Prevention of Significant Deterioration) are
issued by IDNR.
``Duration of Permit'' is addressed in 10.5(3). This 2008 revision
to 10.5(3)(c-d) states permits can be renewed yearly but are subject to
10.6--Permitting Fees--of the ordinance. The rules to post the permit
are being revised for additional detail and clarity.
``Exemptions from the Authorization to Install Permit and Permit to
Operate Requirements,'' (10.5(9)) was revised in 2008, 2009, 2010 and
2011, and lists 37 exemptions too numerous to mention here. For the
entire list, refer to the technical support document located in the
docket for this rulemaking. These revisions are consistent with the
Federally-approved state rules.
Administrative changes were made to 10.5(10-11), ``Emissions
Offsets for Non-Attainment Designated Areas,'' and ``Dispersion Credit
Allowance,'' in 2008.
Chapter 10.6 addresses permit fees and is being revised at 10.6(3)
to include late filing fees for each permit and permit renewal. A
revision being made to 10.6(4) states the fees are established by
resolution by the County.
The titles for 10.9 and 10.9(1) were revised in 2008 to read
``Emission Standards,'' and 10.9(1) ``Emissions of Particulate
Matter.''
``Grain Handling and Processing Plants,'' 10.9(1)(g), is being
revised to add three sub-sections to address the limit of particulate
matter discharged to the atmosphere, and addresses grain bin vents
constructed, modified or reconstructed before and after March 31, 2008.
These revisions are consistent with the Federally-approved state rules.
Grammatical changes are being made to 10.9(1)(l) ``Incinerator'',
and the opacity for visible emissions from an incinerator is being
revised to reduce opacity from sixty percent to forty percent which
strengthens the rule to protect air quality. The state requested this
Chapter be added in to the 111(d) plan which is being accomplished with
this rulemaking.
Chapter 10.10 of the Linn County Air Quality Ordinance sets forth
rules for ``Open Burning.'' In addition to grammatical corrections,
this 2008 revision addresses the issuance, validity, and revisions to
open burning permits, as well as clarifying the circumstances for
burning landscape wastes, and adds fire extinguisher training to open
burning exemptions. This revision adds that open burning of residential
waste, landscape wastes and leaves, within one-half mile of Cedar
Rapids, Hiawatha or Marion, Iowa, is not allowed as of January 1, 2009.
Revisions to open burning rules are consistent with Federally-approved
state rules.
Chapter 10.13, ``Fugitive Dust'', was revised in 2008 at
10.13(1)(6) to add an additional precaution to prevent fugitive dust by
reducing the speed of vehicles traveling over on-property surfaces as
necessary to minimize the generation of airborne dusts. These revisions
are consistent with Federally-approved state rules.
Chapter 10.16 ``Circumvention'' is being revised to add evidence
used in establishing that a violation has or is occurring. Information
from the use of a monitoring method pursuant to 10.5, compliance test
methods pursuant to 10.17, or testing and monitoring methods pursuant
to 10.5 is being added. Presumptive credible testing (monitoring or
testing methods, other testing, monitoring or other information-
gathering methods comparable to 10.16(1) ``a'') are being added to this
rule. These revisions are consistent with Federally-approved state
rules.
Chapter 10.17, ``Testing and Sampling of New and Existing
Equipment,'' is revised to renumber/reorder sections within the rule.
Additional revisions to this section include 10.17(1) ``Continuous
Monitoring of Opacity from Coal-Fire Steam Generating Units''; 10.17
sections 2 and 3 are reserved; 10.17(4) ``Continuous Monitoring of
Sulfur Dioxide from Sulfuric Acid Plants''; 10.17(8) ``Tests by
Department.''
Chapter 10.20 is renamed ``Public Records and Fair Information
Practices'' and describes that information received will be publicly
available or be granted confidential treatment in accordance with the
IAC, and reproduction services will be rendered at the rate established
by the Linn County Board of Health.
The following is a description of the 2009 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action:
The definition of ``significant'' is revised in the Linn County Air
Quality Ordinance, Chapter 10.2, ``Definitions.'' \2\
Table 1 of Chapter 10.9 is revised to remove the phrase ``or more''
after the process weight rate lb/hr 6,000,000, and tons/hr 3,000.00.
---------------------------------------------------------------------------
\2\ Pursuant to an email dated September 18, 2014, from
Catharine Fitzsimmons, Air Quality Bureau Chief of IDNR, to Joshua
Tapp, Chief of the Air Planning and Development Branch of EPA Region
7, IDNR requests that EPA take no action on the definition of
``Significant'' as it relates to PM2.5 and it is
therefore not included in today's action. See Docket for further
information.
---------------------------------------------------------------------------
Chapter 10.17, ``Testing and Sampling of New and Existing
Equipment,'' is revised to add (7) ``Tests by Owner'' for new, modified
or existing equipment.
The following is a description of the 2011 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action:
The definition of ``Volatile organic compound'' is added to the
Linn County Air Quality Ordinance, Chapter 10.2.
Chapter 10.6(2), ``Annual Fee for Permit to Operate,'' was revised
in 2012 to state renewal fees will be paid by the invoice due date or
the permit will expire and not be valid.
The following is a description of the 2012 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action:
Chapter 10.6(1), ``Permit Fees,'' was revised in 2013 to correct a
grammatical error.
Chapter 10.10 of the Linn County Air Quality Ordinance sets forth
rules for ``Open Burning.'' Revisions are made to 10.10(A)(1)(h-i),
``Trees and Tree Trimmings,'' and ``Other,'' respectively. ``Other''
includes native prairie management on a case-by-case basis as allowed
by permit and issued by the Air Pollution Control Officer.
The following is a description of the 2013 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action:
Chapter 10.1, ``Purpose and Ambient Air Quality Standards,'' was
revised in
[[Page 62854]]
2013 to amend the Federal references to be consistent with state rules
that are Federally-approved.
The following definitions are revised in the Linn County Air
Quality Ordinance, Chapter 10.2, ``Definitions'' and are consistent
with state rules that are Federally-approved: EPA reference method,
PM10, PM2.5, and Total suspended particulate.
Chapter 10.5 addresses ``Locally Required Permits.'' The 2013
Revision to 10.5(6), ``Transfer of Permits,'' adds written notification
delivery methods to be consistent with Federally-approved state rules,
and reduces the number of days for notification from 30 to 14 when
transferring portable equipment.
Chapter 10.17, ``Testing and Sampling of New and Existing
Equipment,'' is being revised at 10.17(5) ``Maintenance of Records of
Continuous Monitors,'' for administrative changes, and at 10.17(6)
``Reporting of Continuous Monitoring Information.'' 10.17(6)
strengthened the reporting requirements and is consistent with
Federally-approved state rules.
Changes to 10.17(9) ``Methods and Procedures'' include revisions
for performance test (stack tests), continuous monitoring systems, and
permit and compliance demonstration requirements to include the most
recent analytical reference methods to be consistent with Federally-
approved state rules.
Changes to 10.17(10) and (11) remove references to specific
processes in this chapter making the rules more stringent, as all
processes are included in the revision. Changes to 10.17(12) include
the most recent revision to the EPA reference method to be Federally-
approved state rules.
The following is a list of definitions and rules which are not
being approved as part of the EPA-approved SIP:
10.2 ``Definitions''; definition of Anaerobic Lagoon, definition of
Biomass, definition of Federally-Enforceable, definition of Greenhouse
Gas, definition of Major Modification, definition of Maximum Achievable
Control Technology (MACT), and the definition of MACT Floor. (The
definition of ``Significant'' is approved. However, the state of Iowa
has withdrawn their request to included PM2.5 in the
definition of ``significant.'') 10.4-1, Title V Permits; 10.5(9) ``b''
Locally Required Permits; Exemptions from the Authorization to Install
Permit to Operate Requirements;
10.8(2) ``b'' Emissions From Fuel-Burning Equipment; Emission
Limitation; 10.8(3) Emissions From Fuel-Burning Equipment; Exemptions
for Residential Heaters Burning Solid Fuels; 10.8(4) Emissions from
Fuel-Burning Equipment; Nuisance Conditions for Fuel Burning Equipment;
10.9(2), New Source Performance Standards (NSPS); 10.9(3), Emission
Standards for Hazardous Air Pollutants (HAPs); 10.9(4), Emission
Standards for HAPs for Source Categories; 10.10(4), Variance from
Rules; 10.11, Emission of Objectionable Odors; 10.15, Variances;
10.17(13), Continuous Emissions from Acid Rain, and 10.24, Penalty.
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. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is taking action on the 2008, 2009, 2010, 2013 and 2013
revisions to the Linn County Air Quality Ordinance and is approving
those revisions to the extent they are contained in the 2013 version of
the Linn County Air Quality Ordinance. These revisions will improve the
stringency of the SIP.
We are taking direct final action to approve revisions because they
are routine changes to the existing rules which are noncontroversial.
Therefore, we do not anticipate any adverse comments. However, in the
``Proposed Rules'' section of this Federal Register, we are publishing
a separate document that will serve as the proposed rule if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
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'' 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).
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
[[Page 62855]]
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 22, 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, Administrative
practice and procedure, Incorporation by reference, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 30, 2014.
Rebecca Weber,
Acting 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 Sec. 52.820 the table in paragraph (c) is amended by revising
the entry for ``Chapter 10'' under the heading ``Linn County'' to read
as follows:
Sec. 52.820 Identification of Plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective EPA approval date Explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources, Environmental Protection Commission [567]
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Linn County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 10.......................... Linn County Air Quality 7/24/13 10/21/14 [Insert The following definitions are not SIP-approved in
Ordinance, Chapter 10. Federal Register Chapter 10.2; Anaerobic lagoon, Biomass, Chemical
citation]. processing plants (ethanol production facilities
that produce ethanol by natural fermentation
included in NAICS code 325193 or 312140 are not
included in this definition);
Federally Enforceable; Greenhouse gases; Maximum
Achievable Control Technology (MACT); MACT floor;
Major modification; Significant is approved,
however, PM2.5 is not included in the definition of
``significant.'' The following sections are not SIP
approved: 10.4(1), Title V Permits; 10.5(9) ``b''
Locally Required Permits; Exemptions from the
Authorization to Install Permit to Operate
Requirements; 10.8(2) ``b'' Emissions From Fuel-
Burning Equipment; Emission Limitation; 10.8(3)
Emissions From Fuel-Burning Equipment; Exemptions
for Residential Heaters Burning Solid Fuels;
10.8(4) Emissions from Fuel-Burning Equipment;
Nuisance Conditions for Fuel Burning Equipment;
10.9(2), NSPS; 10.9(3), Emission Standards for
HAPs; 10.9(4), Emission Standards for HAPs for
Source Categories; 10.10(4) Variance from rules;
10.11, Emission of Objectionable Odors; 10.15,
Variances, 10.17(13) Continuous Emissions
Monitoring from Acid Rain Program, and 10.24,
Penalty.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-24860 Filed 10-20-14; 8:45 am]
BILLING CODE 6560-50-P
