Approval and Promulgation of Air Quality Implementation Plans; State of Iowa; Revisions to Linn County Air Quality Ordinance, 44870-44873 [2015-18346]
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Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations
§ 52.1770
Identification of plan.
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EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
Provision
State
effective date
EPA
Approval date
Federal Register
citation
Explanation
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Supplement Maintenance Plan for the
Charlotte Area, NC 2008 8-hour Ozone
Maintenance Area and RVP Standard.
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4/16/2015
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7/28/2015
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[insert Federal Register citation].
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Provides the non-interference demonstration for revising the Federal Low-Reid
Vapor Pressure requirement for the
Charlotte Area, NC.
[FR Doc. 2015–18343 Filed 7–27–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0357; FRL–9931–33Region 7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Iowa; Revisions to Linn County Air
Quality Ordinance
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the State Implementation Plan (SIP) for
the State of Iowa. The purpose of these
revisions is to update the Linn County
Air Quality Ordinance, Chapter 10.
These revisions reflect updates to the
Iowa statewide rules previously
approved by EPA and will ensure
consistency between the applicable
local agency rules and Federallyapproved rules.
DATES: This direct final rule will be
effective September 28, 2015, without
further notice, unless EPA receives
adverse comment by August 27, 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–2015–0357, 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.
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SUMMARY:
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Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2015–
0357. 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
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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.
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 has requested EPA
approval of revisions to the local
agency’s rules and regulations, Linn
County Air Quality Ordinance, Chapter
10, as a revision to the SIP. In order for
the local program’s ‘‘Air Quality
Ordinance’’ to be incorporated into the
Federally-enforceable SIP, on behalf of
the local agency, the state must submit
the formally adopted regulations and
control strategies, which are consistent
with the state and Federal requirements,
to EPA for inclusion in the SIP. The
regulation adoption process generally
includes public notice, a public
comment period and a public hearing,
and formal adoption of the rule by the
state authorized rulemaking body. In
this case, that rulemaking body is the
local agency. After the local agency
formally adopts the rule, the local
agency submits the rulemaking to the
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state, and then the state submits the
rulemaking to EPA for consideration for
formal action (inclusion of the
rulemaking into the SIP). EPA must
provide public notice and seek
additional public comment regarding
the proposed Federal action on the
state’s submission.
EPA received the request from the
state to adopt revisions to the local air
agency rules into the SIP on May 4,
2015. The revisions were adopted by the
local agency on January 28, 2015, and
became effective on January 30, 2015.
EPA is approving the requested
revisions to the Iowa SIP relating to the
following:
• Chapter 10.1 ‘‘Purpose and Ambient
Air Quality Standards’’;
• Chapter 10.2 ‘‘Definitions’’;
• Chapter 10.5 ‘‘Locally Required
Permits’’;
• Chapter 10.6 ‘‘Permit Fees’’;
• Chapter 10.8 ‘‘Emissions from FuelBurning Equipment’’;
• Chapter 10.12 ‘‘Sulfur
Compounds’’;
• Chapter 10.13 ‘‘Fugitive Dust,’’ and,
• Chapter 10.17 ‘‘Testing and
Sampling of New and Existing
Equipment.’’
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?
We are taking direct final action to
approve the amendments to the Linn
County Air Quality Ordinance, Chapter
10. The local agency routinely revises
its ‘‘Air Quality Ordinance’’ regulations
to be consistent with the Federallyapproved Iowa Administrative Code and
are revised as follows:
Chapter 10.1, ‘‘Purpose and Ambient
Air Quality Standards’’ is revised to cite
the cross reference to state-approved
rules at (455B).
Chapter 10.2, ‘‘Definitions’’ is revised
to add ‘‘major modification,’’
‘‘replacement unit,’’ and to revise the
definitions of ‘‘regulated New Source
Review (NSR) pollutant,’’ ‘‘significant,’’
and ‘‘untreated.’’ Punctuation and
grammar corrections were made to the
definitions of ‘‘Emissions Unit,’’
‘‘Responsible Official,’’ and ‘‘Startup.’’
Chapter 10.5, ‘‘Locally Required
Permits,’’ includes revisions to 10.5(9),
‘‘Exemptions from the Authorization to
Install Permit and Permit to Operate
Requirements.’’ For the purposes of this
publication, the exemptions are
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abbreviated but can be found in their
entirety in the Technical Support
Document included in the rulemaking
docket: f. The equipment in laboratories,
n. Asbestos demolition and renovation
projects, u. Incinerators and pyrolysis
cleaning furnaces, dd. Production
welding, and ee. Electric hand
soldering, wave soldering and electric
solder paste reflow ovens. The following
exemptions have been added with this
rulemaking: mm. Equipment related to
research and development activities at a
stationary source, and, nn. A non-road
diesel fueled engine as defined in 40
CFR 1068.30 and as amended through
October 8, 2008.
Chapter 10.6, ‘‘Permit Fees,’’ is
revised for administrative corrections to
the fourth paragraph of item 2. ‘‘Annual
Fee for Permit to Operate.’’
Chapter 10.8, ‘‘Emissions from FuelBurning Equipment,’’ ‘‘d’’ has been
removed in its entirety as it refers to the
State of Iowa Compliance Sampling
Manual which is now obsolete.
Chapter 10.12, ‘‘Sulfur Compounds,’’
item 2, ‘‘Other Processes Capable of
Emitting Sulfur Dioxide’’ is revised to
add a sentence that the paragraph shall
not apply to devices which have been
installed for air pollution abatement
purposes where it is demonstrated by
the owner of the source that the ambient
air quality standards are not being
exceeded.
Chapter 10.13, ‘‘Fugitive Dust’’ item 1,
‘‘Attainment and Unclassified Areas,’’ is
revised to add that a person shall take
reasonable precautions to prevent
particulate matter from becoming
airborne in quantities sufficient to cause
a nuisance as defined in Iowa Code
section 657.1 when the person allows,
causes or permits any materials to be
handled, transported or stored or a
building, its appurtenances or a
construction haul road to be used,
constructed, altered, repaired or
demolished. This does not apply to
farming operations or dust generated by
ordinary travel on unpaved roads. The
revision further states what ordinary
travel includes, and the public highway
authority shall be responsible for taking
corrective action in cases where said
authority has received complaints.
Chapter 10.13, ‘‘Fugitive Dust’’ item 2,
‘‘Nonattainment Areas’’ is revised for
administrative changes for clarification.
Chapter 10.17, ‘‘Testing and Sampling
of New and Existing Equipment,’’ is
revised for administrative, grammar,
and punctuation corrections for
clarification as follows: Item 1,
‘‘Continuous Monitoring of Opacity
from Coal-Fired Steam Generating
Units,’’ item 5, ‘‘Maintenance of Records
of Continuous Monitors,’’ item 6,
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‘‘Reporting of Continuous Monitoring
Information,’’ item 7, ‘‘Tests by Owner,’’
item 8, ‘‘Tests by Department,’’ item 9,
‘‘Methods and Procedures,’’ and item
10, ‘‘Exemptions from Continuous
Monitoring Requirements.’’
Chapter 10.17, item 7, ‘‘Tests by
Owner’’ is also revised to clarify when
pretest meetings should be conducted
and to clarify reporting requirements.
Item 9, ‘‘Methods and Procedures,’’ is
revised to cite the cross reference to
state-approved rules as they apply to
permit and compliance demonstration
requirements.
As previously mentioned, additional
information on the details of the Linn
County Air Quality Ordinance revisions
can be found in the Technical Support
Document in the docket for this action.
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. 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.
If EPA receives adverse comment, we
will publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We will address all public
comments in any subsequent final rule
based on the proposed rule.
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 for
Chapter 10 Linn County Air Quality
Ordinance, 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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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
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• 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
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 September 28,
2015. Filing a petition for
reconsideration by the Administrator of
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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: July 17, 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. In § 52.820, the table in paragraph
(c) is amended by 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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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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Chapter 10 ..........................
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Linn County Air Quality
Ordinance, Chapter
10.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2015–0275; FRL–9931–28–
Region 4]
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Approval and Promulgation of
Implementation Plans and Designation
of Areas; North Carolina;
Redesignation of the Charlotte-Rock
Hill, 2008 8-Hour Ozone Nonattainment
Area to Attainment
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking three separate
final actions related to a state
implementation plan (SIP) revision
SUMMARY:
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Linn County
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7/28/15 and [Insert
Federal Register citation].
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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.
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; 10.5(9) ‘‘ll’’, Exemption
for production painting, adhesive or coating
units; 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-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.
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submitted by the State of North
Carolina, through the North Carolina
Department of Environment and Natural
Resources, Department of Air Quality
(NC DAQ), on April 16, 2015. These
final actions are for the North Carolina
portion of the bi-state Charlotte-Rock
Hill, North Carolina-South Carolina
2008 8-hour ozone nonattainment area
(hereinafter referred to as the ‘‘bi-state
Charlotte Area’’ or ‘‘Area’’). The bi-state
Charlotte Area consists of Mecklenburg
County in its entirety and portions of
Cabarrus, Gaston, Iredell, Lincoln,
Rowan and Union Counties, North
Carolina; and a portion of York County,
South Carolina. Regarding South
Carolina’s request to redesignate the
South Carolina portion of the Area and
its maintenance plan for the 2008 8hour ozone NAAQS, EPA will address
this in a separate action. In the three
actions for the North Carolina bi-state
Charlotte Area, EPA determines that the
bi-state Charlotte Area is attaining the
2008 8-hour ozone National Ambient
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Air Quality Standards (NAAQS);
approves and incorporates the State’s
plan for maintaining attainment of the
2008 8-hour ozone standard in the Area,
including the 2014 and 2026 sub-area
motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOC) for
the North Carolina portion of this Area
into the SIP; and redesignates the North
Carolina portion of the bi-state Charlotte
Area to attainment for the 2008 8-hour
ozone NAAQS. Additionally, EPA finds
the 2014 and 2026 sub-area MVEBs for
the North Carolina portion of the bistate Charlotte Area adequate for the
purposes of transportation conformity.
DATES: This rule will be effective August
27, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0275. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
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]]>Agencies
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44870-44873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18346]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0357; FRL-9931-33-Region 7]
Approval and Promulgation of Air Quality Implementation Plans;
State of Iowa; Revisions to Linn County Air Quality Ordinance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State Implementation Plan (SIP) for the State of Iowa.
The purpose of these revisions is to update the Linn County Air Quality
Ordinance, Chapter 10. These revisions reflect updates to the Iowa
statewide rules previously approved by EPA and will ensure consistency
between the applicable local agency rules and Federally-approved rules.
DATES: This direct final rule will be effective September 28, 2015,
without further notice, unless EPA receives adverse comment by August
27, 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-2015-0357, 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-
2015-0357. 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.
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 has requested EPA approval of revisions to the
local agency's rules and regulations, Linn County Air Quality
Ordinance, Chapter 10, as a revision to the SIP. In order for the local
program's ``Air Quality Ordinance'' to be incorporated into the
Federally-enforceable SIP, on behalf of the local agency, the state
must submit the formally adopted regulations and control strategies,
which are consistent with the state and Federal requirements, to EPA
for inclusion in the SIP. The regulation adoption process generally
includes public notice, a public comment period and a public hearing,
and formal adoption of the rule by the state authorized rulemaking
body. In this case, that rulemaking body is the local agency. After the
local agency formally adopts the rule, the local agency submits the
rulemaking to the
[[Page 44871]]
state, and then the state submits the rulemaking to EPA for
consideration for formal action (inclusion of the rulemaking into the
SIP). EPA must provide public notice and seek additional public comment
regarding the proposed Federal action on the state's submission.
EPA received the request from the state to adopt revisions to the
local air agency rules into the SIP on May 4, 2015. The revisions were
adopted by the local agency on January 28, 2015, and became effective
on January 30, 2015. EPA is approving the requested revisions to the
Iowa SIP relating to the following:
Chapter 10.1 ``Purpose and Ambient Air Quality
Standards'';
Chapter 10.2 ``Definitions'';
Chapter 10.5 ``Locally Required Permits'';
Chapter 10.6 ``Permit Fees'';
Chapter 10.8 ``Emissions from Fuel-Burning Equipment'';
Chapter 10.12 ``Sulfur Compounds'';
Chapter 10.13 ``Fugitive Dust,'' and,
Chapter 10.17 ``Testing and Sampling of New and Existing
Equipment.''
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?
We are taking direct final action to approve the amendments to the
Linn County Air Quality Ordinance, Chapter 10. The local agency
routinely revises its ``Air Quality Ordinance'' regulations to be
consistent with the Federally-approved Iowa Administrative Code and are
revised as follows:
Chapter 10.1, ``Purpose and Ambient Air Quality Standards'' is
revised to cite the cross reference to state-approved rules at (455B).
Chapter 10.2, ``Definitions'' is revised to add ``major
modification,'' ``replacement unit,'' and to revise the definitions of
``regulated New Source Review (NSR) pollutant,'' ``significant,'' and
``untreated.'' Punctuation and grammar corrections were made to the
definitions of ``Emissions Unit,'' ``Responsible Official,'' and
``Startup.''
Chapter 10.5, ``Locally Required Permits,'' includes revisions to
10.5(9), ``Exemptions from the Authorization to Install Permit and
Permit to Operate Requirements.'' For the purposes of this publication,
the exemptions are abbreviated but can be found in their entirety in
the Technical Support Document included in the rulemaking docket: f.
The equipment in laboratories, n. Asbestos demolition and renovation
projects, u. Incinerators and pyrolysis cleaning furnaces, dd.
Production welding, and ee. Electric hand soldering, wave soldering and
electric solder paste reflow ovens. The following exemptions have been
added with this rulemaking: mm. Equipment related to research and
development activities at a stationary source, and, nn. A non-road
diesel fueled engine as defined in 40 CFR 1068.30 and as amended
through October 8, 2008.
Chapter 10.6, ``Permit Fees,'' is revised for administrative
corrections to the fourth paragraph of item 2. ``Annual Fee for Permit
to Operate.''
Chapter 10.8, ``Emissions from Fuel-Burning Equipment,'' ``d'' has
been removed in its entirety as it refers to the State of Iowa
Compliance Sampling Manual which is now obsolete.
Chapter 10.12, ``Sulfur Compounds,'' item 2, ``Other Processes
Capable of Emitting Sulfur Dioxide'' is revised to add a sentence that
the paragraph shall not apply to devices which have been installed for
air pollution abatement purposes where it is demonstrated by the owner
of the source that the ambient air quality standards are not being
exceeded.
Chapter 10.13, ``Fugitive Dust'' item 1, ``Attainment and
Unclassified Areas,'' is revised to add that a person shall take
reasonable precautions to prevent particulate matter from becoming
airborne in quantities sufficient to cause a nuisance as defined in
Iowa Code section 657.1 when the person allows, causes or permits any
materials to be handled, transported or stored or a building, its
appurtenances or a construction haul road to be used, constructed,
altered, repaired or demolished. This does not apply to farming
operations or dust generated by ordinary travel on unpaved roads. The
revision further states what ordinary travel includes, and the public
highway authority shall be responsible for taking corrective action in
cases where said authority has received complaints.
Chapter 10.13, ``Fugitive Dust'' item 2, ``Nonattainment Areas'' is
revised for administrative changes for clarification.
Chapter 10.17, ``Testing and Sampling of New and Existing
Equipment,'' is revised for administrative, grammar, and punctuation
corrections for clarification as follows: Item 1, ``Continuous
Monitoring of Opacity from Coal-Fired Steam Generating Units,'' item 5,
``Maintenance of Records of Continuous Monitors,'' item 6, ``Reporting
of Continuous Monitoring Information,'' item 7, ``Tests by Owner,''
item 8, ``Tests by Department,'' item 9, ``Methods and Procedures,''
and item 10, ``Exemptions from Continuous Monitoring Requirements.''
Chapter 10.17, item 7, ``Tests by Owner'' is also revised to
clarify when pretest meetings should be conducted and to clarify
reporting requirements. Item 9, ``Methods and Procedures,'' is revised
to cite the cross reference to state-approved rules as they apply to
permit and compliance demonstration requirements.
As previously mentioned, additional information on the details of
the Linn County Air Quality Ordinance revisions can be found in the
Technical Support Document in the docket for this action.
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. 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.
If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.
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 for Chapter 10 Linn County Air Quality Ordinance, 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
[[Page 44872]]
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 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 September 28, 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: July 17, 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, 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) * * *
[[Page 44873]]
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Linn County
----------------------------------------------------------------------------------------------------------------
Chapter 10..................... Linn County Air 1/30/15 7/28/15 and The following
Quality [Insert Federal definitions are not
Ordinance, Register SIP-approved in
Chapter 10. citation]. 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.
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;
10.5(9) ``ll'',
Exemption for
production painting,
adhesive or coating
units; 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. 2015-18346 Filed 7-27-15; 8:45 am]
BILLING CODE 6560-50-P
