Approval and Promulgation of Air Quality Implementation Plans; Iowa; Grain Vacuuming Best Management Practices (BMPs) and Rescission Rules, 33192-33195 [2015-14089]
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33192
Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Regulations’’ is amended by removing
the entry ‘‘Part 12, Cement Kilns’’; and
■ b. In paragraph (e), the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the New Mexico SIP’’ is
amended by adding an entry at the end
of the table for ‘‘Infrastructure and
Transport for the 2008 Pb NAAQS’’.
The addition reads as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Dated: May 27, 2015.
Ron Curry,
Regional Administrator, Region 6.
Subpart GG—New Mexico
2. In § 52.1620:
■ a. In paragraph (c), the first table titled
‘‘EPA Approved New Mexico
■
Therefore, 40 CFR part 52 is amended
as follows:
§ 52.1620
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State submittal/effective date
Name of SIP provision
Applicable geographic or
nonattainment area
*
*
Infrastructure and Transport for the
2008 Pb NAAQS.
*
*
Statewide (except Bernalillo County)
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0358; FRL–9928–90–
Region–7]
Approval and Promulgation of Air
Quality Implementation Plans; Iowa;
Grain Vacuuming Best Management
Practices (BMPs) and Rescission
Rules
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) for the State
of Iowa to amend Best Management
Practices (BMPs) for grain vacuuming
operations at Group 1 grain elevators.
Additional revisions to the SIP include
revised definitions, revised
requirements for Department forms, and
rescinding rule requirements and
references for conditional permits.
DATES: This direct final rule will be
effective August 10, 2015, without
further notice, unless EPA receives
adverse comment by July 13, 2015. 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.
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*
*
June 11, 2015 [Insert Federal Register citation].
Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0358, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: Hamilton.heather@epa.gov
3. Mail or Hand Delivery: Heather
Hamilton, 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–2015–
0358. 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
ADDRESSES:
[FR Doc. 2015–13954 Filed 6–10–15; 8:45 am]
SUMMARY:
9/9/2011
EPA approval date
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Explanation
*
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m. to 4:30 p.m.
excluding legal holidays. The interested
persons wanting to examine these
documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7039, or by email at
Hamilton.heather@epa.gov.
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Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations
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?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The State of Iowa requested EPA
approval of revisions to the SIP to
amend Best Management Practices
(BMPs) for grain vacuuming operations
at Group 1 grain elevators. Additional
revisions to the SIP include revised
definitions, revised requirements for
Department forms, and rescinding rule
requirements and references for
conditional permits.
These revisions were submitted in
two separate requests. The amendment
to the BMPs was effective on September
10, 2014, and received by EPA on
November 20, 2014. The second request
for additional revisions was effective on
April 22, 2015, and received by EPA on
May 4, 2015. Details with regard both
submittals are included in the technical
support document which is part of this
docket.
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.
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III. What action is EPA taking?
EPA is taking direct final action to
approve revisions to State of Iowa State
Implementation Plan (SIP). Chapter 22,
‘‘Controlling Pollution,’’ is amended to
revise the Best Management Practices
(BMPs) for Group 1 grain elevators to
include grain vacuuming operations.
Group 1 grain elevators are country
grain elevators, country grain terminal
elevators, or grain terminal elevators
with the potential to emit less than 15
tons of PM10 per year. Existing Group 1
facilities are those that commenced
construction or reconstruction before
February 6, 2008; new facilities are
those that commenced construction
after February 6, 2008. Revised BMPs
were included with the SIP submission.
Additional revisions made to the Iowa
SIP include revising the definition of
volatile organic compounds with the
most recent Federally-approved date;
removing all references to conditional
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permits throughout the SIP, and
rescinding the air quality forms section.
Conditional permits were added to
the Iowa Code in the 1970s to facilitate
electric utility rate setting. The Iowa
Utilities Board changed the rate setting
requirements so that conditional
permits were not needed. There is no
record of issuing a conditional permit to
an electric facility; therefore, references
to conditional permits are being
removed with this action.
References to obsolete and duplicative
air quality forms are being removed
from the SIP.
We are publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. The revised BMPs
were developed through a stakeholder
workgroup that was jointly organized by
IDNR, and grain elevator operators and
grain vacuum vendors. One comment
was received during the public
comment period in support of the
revised BMPs. The remaining revisions
are largely administrative, and
consistent with Federal regulations.
However, in the ‘‘Proposed Rules’’
section of this Federal Register, we are
publishing a separate document that
will serve as the proposed rule to
approve the SIP revisions. 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.
IV. Statutory and Executive Order
Reviews
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Iowa Regulations in
chapters 20, 22, 31, and 33 described in
the direct final amendments to 40 CFR
part 52 set forth below. EPA has made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
Under the Clean Air Act, 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
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33193
the criteria of the Clean Air Act.
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 Orders 12866 (58 FR 51735,
October 4, 1993) 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 Clean Air Act;
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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
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Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations
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 August 10, 2015.
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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(c), the table is amended
by revising the entries for ‘‘567–20.2’’,
‘‘567–20.3’’, ‘‘567–22.1’’, ‘‘567–22.2’’,
‘‘567–22.3’’, ‘‘567–22.10’’, ‘‘567–31.20’’,
and ‘‘567–33.3’’ to read as follows:
■
§ 52.820
Dated: May 28, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
*
Identification of plan.
*
*
(c) * * *
*
*
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as set forth below:
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State
effective
date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission (567)
Chapter 20—Scope of Title-Definitions-Forms-Rule of Practice
*
567–20.2 ............
*
*
*
Definitions ...................................................................
4/22/15
567–20.3 ............
Air Quality Forms Generally .......................................
4/22/15
*
*
*
*
*
6/11/15 and [Insert Federal Register citation].
6/11/15 and [Insert Federal Register citation].
*
*
*
*
*
Chapter 22—Controlling Pollution
567–22.1 ............
4/22/15
567–22.2 ............
Permits required for New or Existing Stationary
Source.
Processing Permit Applications ..................................
567–22.3 ............
Issuing Permits ...........................................................
4/22/15
*
567–22.10 ..........
*
*
*
Permitting Requirements for Country Grain Elevators, Country Grain Terminal Elevators, Grain
Terminal Elevators and Feed Mill Equipment.
9/10/14
*
*
*
4/22/15
6/11/15 and [Insert Federal Register citation].
6/11/15 and [Insert Federal Register citation].
6/11/15 and [Insert Federal Register citation].
*
*
6/11/15 and [Insert Federal Register citation].
*
*
*
*
*
*
*
6/11/15 and [Insert Federal Register citation].
*
Chapter 31—Nonattainment Areas
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*
567–31.20 ..........
*
*
*
Special Requirements for Nonattainment Areas Designated Before May 18, 1998. (Originally Adopted
in 567–22.5).
4/22/15
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
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33195
Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
State
effective
date
Iowa citation
Title
*
567–33.3 ............
*
*
*
Special Construction Permit Requirements for Major
Stationary Sources in Areas Designated Attainment or Unclassified (PSD).
*
*
*
*
*
*
*
*
[FR Doc. 2015–14089 Filed 6–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0246; FRL–9928–09–
Region 9]
Revisions to the California State
Implementation Plan, Butte County Air
Quality Management District, Feather
River Air Quality Management District,
and San Luis Obispo County Air
Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Butte County Air
Quality Management District
(BCAQMD), Feather River Air Quality
Management District (FRAQMD), and
San Luis Obispo County Air Pollution
Control District (SLOCAPCD) portions
of the California State Implementation
Plan (SIP). These revisions concern
emission statements, definitions, and
vehicle and mobile equipment coating
operations (VMECO). We are approving
local rules that regulate these emission
sources under the Clean Air Act (CAA
or the Act).
DATES: This rule is effective on August
10, 2015 without further notice, unless
the EPA receives adverse comments by
July 13, 2015. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
SUMMARY:
4/22/14
*
EPA approval date
Explanation
*
*
6/11/15 and [Insert Federal Register citation].
*
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2015–0246, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and the EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send
email directly to the EPA, your email
address will be automatically captured
and included as part of the public
comment. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses.
Docket: Generally, documents in the
docket for this action are available
*
*
*
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105–3901. While all
documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
972–3024 lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. The EPA Recommendations To Further
Improve the Rules
D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by
this action with the dates that they were
adopted by the local air agencies and
submitted by the California Air
Resources Board (CARB).
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TABLE 1—SUBMITTED RULES
Local agency
Rule No.
BCAQMD ....................................
BCAQMD ....................................
FRAQMD ....................................
SLOCAPCD ................................
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101
434
3.19
222
Adopted/
Amended
Rule title
Definitions .......................................................................................
Emissions Statements ....................................................................
Vehicle and Mobile Equipment Coating Operations ......................
Federal Emission Statement ..........................................................
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4/24/14
4/25/13
8/01/11
5/28/14
Submitted
11/06/14
2/10/14
2/10/14
11/06/14
Agencies
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Rules and Regulations]
[Pages 33192-33195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14089]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0358; FRL-9928-90-Region-7]
Approval and Promulgation of Air Quality Implementation Plans;
Iowa; Grain Vacuuming Best Management Practices (BMPs) and Rescission
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) for the State of Iowa to amend Best Management Practices (BMPs)
for grain vacuuming operations at Group 1 grain elevators. Additional
revisions to the SIP include revised definitions, revised requirements
for Department forms, and rescinding rule requirements and references
for conditional permits.
DATES: This direct final rule will be effective August 10, 2015,
without further notice, unless EPA receives adverse comment by July 13,
2015. 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-2015-0358, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: Hamilton.heather@epa.gov
3. Mail or Hand Delivery: Heather Hamilton, 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-
2015-0358. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 a.m. to 4:30
p.m. excluding legal holidays. The interested persons wanting to
examine these documents should make an appointment with the office at
least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at 913-551-7039, or by email at
Hamilton.heather@epa.gov.
[[Page 33193]]
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?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The State of Iowa requested EPA approval of revisions to the SIP to
amend Best Management Practices (BMPs) for grain vacuuming operations
at Group 1 grain elevators. Additional revisions to the SIP include
revised definitions, revised requirements for Department forms, and
rescinding rule requirements and references for conditional permits.
These revisions were submitted in two separate requests. The
amendment to the BMPs was effective on September 10, 2014, and received
by EPA on November 20, 2014. The second request for additional
revisions was effective on April 22, 2015, and received by EPA on May
4, 2015. Details with regard both submittals are included in the
technical support document which is part of this docket.
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.
III. What action is EPA taking?
EPA is taking direct final action to approve revisions to State of
Iowa State Implementation Plan (SIP). Chapter 22, ``Controlling
Pollution,'' is amended to revise the Best Management Practices (BMPs)
for Group 1 grain elevators to include grain vacuuming operations.
Group 1 grain elevators are country grain elevators, country grain
terminal elevators, or grain terminal elevators with the potential to
emit less than 15 tons of PM10 per year. Existing Group 1
facilities are those that commenced construction or reconstruction
before February 6, 2008; new facilities are those that commenced
construction after February 6, 2008. Revised BMPs were included with
the SIP submission.
Additional revisions made to the Iowa SIP include revising the
definition of volatile organic compounds with the most recent
Federally-approved date; removing all references to conditional permits
throughout the SIP, and rescinding the air quality forms section.
Conditional permits were added to the Iowa Code in the 1970s to
facilitate electric utility rate setting. The Iowa Utilities Board
changed the rate setting requirements so that conditional permits were
not needed. There is no record of issuing a conditional permit to an
electric facility; therefore, references to conditional permits are
being removed with this action.
References to obsolete and duplicative air quality forms are being
removed from the SIP.
We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. The revised BMPs were developed through a
stakeholder workgroup that was jointly organized by IDNR, and grain
elevator operators and grain vacuum vendors. One comment was received
during the public comment period in support of the revised BMPs. The
remaining revisions are largely administrative, and consistent with
Federal regulations. However, in the ``Proposed Rules'' section of this
Federal Register, we are publishing a separate document that will serve
as the proposed rule to approve the SIP revisions. 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.
IV. Statutory and Executive Order Reviews
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Iowa
Regulations in chapters 20, 22, 31, and 33 described in the direct
final amendments to 40 CFR part 52 set forth below. EPA has made, and
will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
Under the Clean Air Act, 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 Clean Air Act.
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 Orders 12866 (58
FR 51735, October 4, 1993) 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 Clean Air Act; 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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
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
[[Page 33194]]
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 August 10, 2015. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 28, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:
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(c), the table is amended by revising the entries for
``567-20.2'', ``567-20.3'', ``567-22.1'', ``567-22.2'', ``567-22.3'',
``567-22.10'', ``567-31.20'', and ``567-33.3'' 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)
Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-20.2.................. Definitions............... 4/22/15 6/11/15 and [Insert ....................
Federal Register
citation].
567-20.3.................. Air Quality Forms 4/22/15 6/11/15 and [Insert ....................
Generally. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1.................. Permits required for New 4/22/15 6/11/15 and [Insert ....................
or Existing Stationary Federal Register
Source. citation].
567-22.2.................. Processing Permit 4/22/15 6/11/15 and [Insert ....................
Applications. Federal Register
citation].
567-22.3.................. Issuing Permits........... 4/22/15 6/11/15 and [Insert ....................
Federal Register
citation].
* * * * * * *
567-22.10................. Permitting Requirements 9/10/14 6/11/15 and [Insert ....................
for Country Grain Federal Register
Elevators, Country Grain citation].
Terminal Elevators, Grain
Terminal Elevators and
Feed Mill Equipment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-31.20................. Special Requirements for 4/22/15 6/11/15 and [Insert ....................
Nonattainment Areas Federal Register
Designated Before May 18, citation].
1998. (Originally Adopted
in 567-22.5).
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
[[Page 33195]]
* * * * * * *
567-33.3.................. Special Construction 4/22/14 6/11/15 and [Insert ....................
Permit Requirements for Federal Register
Major Stationary Sources citation].
in Areas Designated
Attainment or
Unclassified (PSD).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-14089 Filed 6-10-15; 8:45 am]
BILLING CODE 6560-50-P