State of Iowa; Approval and Promulgation of the Title V Operating Permits Program, the State Implementation Plan, and 112(l) Plan, 62387-62390 [2016-21469]
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
(c) The EPA is disapproving the Texas
SIP revision submittals under 30 TAC
Chapter 101—General Air Quality Rules
as follows:
(1) The following provisions under 30
TAC Chapter 101, Subchapter F—
Emissions Events and Scheduled
Maintenance, Startup, and Shutdown
Activities:
(i) 30 TAC Section 101.222
(Demonstrations): Sections 101.222(h),
101.222(i), and 101.222(j), adopted
December 14, 2005, and submitted
January 23, 2006.
(ii) [Reserved]
(2) [Reserved]
(d) The EPA is disapproving the
following Texas SIP revisions submittals
under 30 TAC Chapter 116—Control of
Air Pollution by Permits for New
Construction and Modification as
follows:
(1) The following provisions under 30
TAC Chapter 116, Subchapter A—
Definitions:
(i) Definition of ‘‘actual emissions’’ in
30 TAC Section 116.10(1), submitted
March 13, 1996 and repealed and readopted June 17, 1998 and submitted
July 22, 1998;
(ii) Definition of ‘‘allowable
emissions’’ in 30 TAC Section 116.10(2),
submitted March 13, 1996; repealed and
re-adopted June 17, 1998 and submitted
July 22, 1998; and submitted September
11, 2000.
(iii) Definition of ‘‘modification of
existing facility’’ pertaining to oil and
natural gas processing facilities adopted
February 14, 1996 and submitted on
March 13, 1996 at 30 TAC Section
116.10(11)(G); repealed and re-adopted
June 17, 1998, submitted July 22, 1998;
adopted August 21, 2002, and submitted
September 4, 2002.
(iv) Definition of ‘‘modification of
existing facility’’ pertaining to oil and
natural gas processing facilities adopted
September 15, 2010, and submitted
October 5, 2010, as 30 TAC Section
116.10(9)(F).
(2) The following provisions under 30
TAC Chapter 116, Subchapter B—New
Source Review Permits:
(i) 30 TAC Section 116.118 submitted
March 13, 1996 and repealed and readopted June 17, 1998 and submitted
July 22, 1998.
(ii) [Reserved]
(3) The following provision under 30
TAC Chapter 116, Subchapter K—
Emergency Orders: 30 TAC Section
116.1200—Applicability, adopted
August 16, 1993 and submitted August
31, 1993 (as 30 TAC Section 116.410);
revised November 18, 1998 and
submitted December 10, 1998; revised
January 11, 2006 and submitted
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February 1, 2006 (as redesignated to 30
TAC Section 116.1200).
(e) The EPA is disapproving the
attainment demonstration for the Dallas/
Fort Worth Serious ozone
nonattainment area under the 1997
ozone standard submitted January 17,
2012. The disapproval applies to the
attainment demonstration, the
determination for reasonably available
control measures, and the attainment
demonstration motor vehicle emission
budgets for 2012.
[FR Doc. 2016–21594 Filed 9–8–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2016–0453; FRL–9951–86–
Region 7]
State of Iowa; Approval and
Promulgation of the Title V Operating
Permits Program, the State
Implementation Plan, and 112(l) Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the Iowa
Title V Operating Permits Program, the
State Implementation Plan (SIP), and
the 112(l) plan. The submission revises
the Title V Operating Permits Program
to include a new chapter to address fees
for services by the air quality program.
Administrative revisions made with this
rulemaking to the SIP and 112(l) plan
are associated with the new chapter.
DATES: This direct final rule will be
effective November 8, 2016, without
further notice, unless EPA receives
adverse comment by October 11, 2016.
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–2016–0453, to https://
www.regulations.gov. Once submitted,
comments cannot be edited or removed
from Regulations.gov. EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
SUMMARY:
PO 00000
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62387
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
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 the EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. What part 70 revision is EPA approving?
III. What part 52 revision is EPA approving?
IV. Have the requirements for approval of a
SIP revision been met?
V. What action is EPA taking?
I. What is being addressed in this
document?
This direct final action approves
revisions to the Iowa Title V Operating
Permits Program, the State
Implementation Plan (SIP), and the
112(l) plan. The submission revises the
Title V Operating Permits Program to
include a new chapter to address fees
for services by the air quality program.
Administrative revisions made with this
rulemaking to the SIP and 112(l) plan
are associated with the new chapter.
Additional information for this
rulemaking can be found in the
Technical Support Document located in
this docket.
II. What part 70 revision is EPA
approving?
The State of Iowa implements an
operating permits program applicable to
certain sources of air pollution in the
state. One EPA requirement for a Title
V program is that the permitting state
must establish a fee structure sufficient
to cover the costs of the program (40
CFR 70.9(b)). Due to decreased
emissions, and therefore, decreased
Title V emission fees, Iowa analyzed
program costs and determined that a
new fee structure was necessary. The
State increased the fixed dollar amount
of $56 per ton to $70 per ton as the
maximum Title V Operating Permit fee
established on the first 4,000 tons of
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actual emissions for each regulated
pollutant emitted from a source subject
to the Title V operating permit program.
The state determined the fee cap in
order to accommodate greater flexibility
in setting future Title V fees by
estimating program expenses associated
with projected actual emissions for
fiscal year 2017. The submission
package demonstrated compliance with
40 CFR 70.9(c), Fee Demonstration, and
40 CFR 70.9(d), Use of Required Fee
Revenue.
The new fee structure prompted the
State of Iowa to add a new Chapter to
the Iowa Administrative Code (IAC),
567–IAC Chapter 30, ‘‘Fees’’.1
Revisions with regard to fees in the
Title V Operating Permits Program in
567–IAC Chapter 22, makes reference to
567–IAC Chapter 30, ‘‘Fees’’ in the
following rules:
• 22.100 ‘‘Definitions for Title V
Permits’’;
• 22.101 ‘‘Applicability of Title V
Operating Permit Requirements’’;
• 22.103 ‘‘Insignificant Activities’’;
• 22.105 ‘‘Title V Permit
Applications’’;
• 22.106 ‘‘Title V Permit Fees’’;
• 22.108 ‘‘Permit Content’’.
Subrule 30.4(2), ‘‘Payment of Title V
annual emission fee,’’ was added to
Iowa’s Title V Operating Program, and
addresses fees required, documentation
due dates, Phase I acid rain sources,
exempted stationary sources and
insignificant activities.
Details of Iowa’s Title V Operating
Program revisions can be found in the
Technical Support Document located in
this docket.
subrule 22.8(1) that applies to permitby-rule for spray booths.
Details of Iowa’s SIP and 112(l)
revisions can be found in the Technical
Support Document located in this
docket.
III. What part 52 revision is EPA
approving?
As previously stated, the new chapter
in the Iowa Administrative Code that
addresses the revised fee structure
initiated administrative revisions to the
Iowa State Implementation Plan (SIP)
and 112(l) Plan.
Revisions in the SIP amends the
following rules to make reference to
567–IAC Chapter 30, ‘‘Fees’’ as follows:
• Chapter 20—Scope of Title—
Definitions—Forms—Rules of Practice;
• Chapter 22—Controlling Pollution;
• Chapter 31—Nonattainment Areas;
• Chapter 33—Special Regulations
and Construction Permit Requirements
for Major Stationary Sources—
Prevention of Significant Deterioration
(PSD) of Air Quality. The state’s 112(l)
plan is revised to include, Chapter 22,
VI. Incorporation by Reference
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 the EPA-Approved Iowa
Regulations described in the direct final
amendments to 40 CFR part 52 set forth
below. Therefore, these materials have
been approved by EPA for inclusion in
the State implementation plan, have
been incorporated by reference by EPA
into that plan, are fully Federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.2
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and at the
1 Iowa has requested approval of 567–IAC
Subrule 30.4(2), ‘‘Payment of Title V annual
emission fee,’’ as part of its Part 70 Operating
Permits program. The remainder of Chapter 30 has
not been submitted to EPA for approval.
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IV. 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 docket, the revision meets
the substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
V. What action is EPA taking?
EPA is approving the request to
amend the Iowa Title V Operating
Permits Program, the State
Implementation Plan and the 112(l)
plan. As noted previously in this
document, the revision is consistent
with applicable EPA requirements. The
revision meets the requirements of the
CAA, and implementing regulations.
This revision is consistent with
applicable EPA requirements in Title V
of the CAA, 40 CFR part 70, and 40 CFR
part 52.
EPA is processing this action as a
direct final action because the revisions
make routine changes to the existing
rules which are noncontroversial.
Therefore, we do not anticipate any
adverse comments.
2 62
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FR 27968 (May 22, 1997).
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appropriate EPA office (see the
section of this preamble for
more information).
ADDRESSES
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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 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).
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
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 8, 2016. 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).)
Dated: August 24, 2016.
Mark Hague,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 70 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.
List of Subjects
40 CFR Part 52
Environmental protection,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
40 CFR Part 70
Administrative practice and
procedure, Air pollution control,
Intergovernmental relations, Operating
permits, Reporting and recordkeeping
requirements.
Subpart Q–Iowa
2. In § 52.820, the table in paragraph
(c) is amended by revising the entries
‘‘567–20.1’’, ‘‘567–22.1’’, ‘‘567–22.4’’,
‘‘567–22.5’’, ‘‘567–22.8’’, ‘‘567–22.10’’,
‘‘567–31.1’’, and ‘‘567–33.1’’ to read as
follows:
■
§ 52.820
*
Identification of plan.
*
*
(c) * * *
*
*
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—Rules of Practice
567–20.1 ...........
*
Scope of Title ............................................................
*
*
3/15/16
*
9/9/16, [Insert Federal
Register citation].
*
This rule is a non-substantive description of
the Chapters contained
in the Iowa rules. EPA
has not approved all of
the Chapters to which
this rule refers.
*
*
Chapter 22–Controlling Pollution
Permits Required for New or Existing Stationary
Sources.
*
567–22.4 ...........
567–22.5 ...........
*
*
*
Special Requirements for Major Stationary Sources
Located in Areas Designated Attainment or Unclassified (PSD).
Special Requirements for Nonattainment Areas ......
3/15/16
567–22.8 ...........
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567–22.1 ...........
Permit by Rule ..........................................................
3/15/16
*
567–22.10 .........
*
*
*
Permitting Requirements for Country Grain Elevators, Country Grain Terminal Elevators, Grain
Terminal Elevators and Feed Mill Equipment.
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3/15/16
3/15/16
3/15/16
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9/9/16, [Insert Federal
Register citation].
*
*
9/9/16, [Insert Federal
Register citation].
9/9/16, [Insert Federal
Register citation].
9/9/16, [Insert Federal
Register citation].
*
*
9/9/16, [Insert Federal
Register citation].
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None.
*
None.
None.
None.
*
None.
62390
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EPA-APPROVED IOWA REGULATIONS—Continued
Iowa
citation
State
effective
date
Title
*
*
*
*
EPA approval date
*
Explanation
*
*
Chapter 31—Nonattainment Areas
567–31.1 ...........
Permit Requirements Relating to Nonattainment
Areas.
*
*
*
3/15/16
*
9/9/16, [Insert Federal
Register citation].
*
None.
*
*
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
567–33.1 ...........
Purpose .....................................................................
*
*
*
*
*
*
*
*
3. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
4. Appendix A to part 70 is amended
by adding paragraph (q) under the
heading ‘‘Iowa’’ to read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
*
*
*
*
*
Iowa
*
(q) The Iowa Department of Natural
Resources submitted for program approval a
revision to rules 567–22.100, 567–22.101,
567–22.103, 567–22.105, 567–22.106, 567–
22.108, and added 567–30.4(2) on March 31,
2016. The State effective date is March 15,
2016. This revision to the Iowa program is
approved effective November 8, 2016.
*
*
*
*
*
[FR Doc. 2016–21469 Filed 9–8–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
ehiers on DSK5VPTVN1PROD with RULES
[EPA–R05–OAR–2011–0698; FRL–9951–95–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Redesignation of the Indiana Portion of
the Louisville Area to Attainment of the
1997 Annual Standard for Fine
Particulate Matter
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
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*
ACTION:
PART 70—STATE OPERATING PERMIT
PROGRAMS
Jkt 238001
3/15/16
9/9/16, [Insert Federal
Register citation].
*
Final rule.
The Environmental Protection
Agency (EPA) is granting Indiana’s
request to redesignate, under the Clean
Air Act (CAA), the state of Indiana
portion of the Louisville (KY-IN)
(Madison Township in Jefferson County
and Clark and Floyd Counties)
nonattainment area to attainment of the
1997 annual standard for fine
particulate matter (PM2.5). EPA
determined that the Louisville area has
attained the 1997 annual standard, and
proposed on July 11, 2013, with a
supplemental proposal on June 23,
2016, to approve Indiana’s request to
redesignate the area. EPA is taking final
action today on the proposal and
supplemental proposal. EPA is also
taking final action in this rulemaking on
several related proposals.
Along with granting the change in the
area’s designation status, EPA is also
approving Indiana’s PM2.5 maintenance
plan for the Louisville area as a revision
to the Indiana state implementation
plan (SIP) as meeting the requirements
of section 175A of the CAA. EPA is
approving the 2008 emissions inventory
for primary PM2.5, nitrogen oxides
(NOX), sulfur dioxide (SO2), volatile
organic compounds (VOC) and
ammonia as satisfying the requirement
of the CAA for a comprehensive, current
emission inventory. Finally, EPA finds
adequate and is approving 2015 and
2025 primary PM2.5 and NOX motor
vehicle emissions budgets (MVEBs) for
the Louisville area. These MVEBs will
be used in future transportation
conformity analyses for the area. These
actions were proposed for approval in
EPA’s initial action on July 11, 2013.
EPA received no comments in response
to the above proposals.
Frm 00038
Fmt 4700
*
*
This final rule is effective on
September 9, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2011–0698. All
documents in these dockets are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy. Publicly
available docket materials are available
either through www.regulations.gov or
at the U.S. Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Carolyn Persoon at (312)
353–8290 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5,77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8290,
persoon.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
DATES:
SUMMARY:
PO 00000
None.
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I. What is the background for the actions?
II. What actions is EPA taking?
III. What is EPA’s response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
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Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62387-62390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21469]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2016-0453; FRL-9951-86-Region 7]
State of Iowa; Approval and Promulgation of the Title V Operating
Permits Program, the State Implementation Plan, and 112(l) Plan
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 Iowa Title V Operating Permits
Program, the State Implementation Plan (SIP), and the 112(l) plan. The
submission revises the Title V Operating Permits Program to include a
new chapter to address fees for services by the air quality program.
Administrative revisions made with this rulemaking to the SIP and
112(l) plan are associated with the new chapter.
DATES: This direct final rule will be effective November 8, 2016,
without further notice, unless EPA receives adverse comment by October
11, 2016. 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-2016-0453, to https://www.regulations.gov. Once submitted, comments
cannot be edited or removed from Regulations.gov. EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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 the EPA. This section provides additional information
by addressing the following:
I. What is being addressed in this document?
II. What part 70 revision is EPA approving?
III. What part 52 revision is EPA approving?
IV. Have the requirements for approval of a SIP revision been met?
V. What action is EPA taking?
I. What is being addressed in this document?
This direct final action approves revisions to the Iowa Title V
Operating Permits Program, the State Implementation Plan (SIP), and the
112(l) plan. The submission revises the Title V Operating Permits
Program to include a new chapter to address fees for services by the
air quality program. Administrative revisions made with this rulemaking
to the SIP and 112(l) plan are associated with the new chapter.
Additional information for this rulemaking can be found in the
Technical Support Document located in this docket.
II. What part 70 revision is EPA approving?
The State of Iowa implements an operating permits program
applicable to certain sources of air pollution in the state. One EPA
requirement for a Title V program is that the permitting state must
establish a fee structure sufficient to cover the costs of the program
(40 CFR 70.9(b)). Due to decreased emissions, and therefore, decreased
Title V emission fees, Iowa analyzed program costs and determined that
a new fee structure was necessary. The State increased the fixed dollar
amount of $56 per ton to $70 per ton as the maximum Title V Operating
Permit fee established on the first 4,000 tons of
[[Page 62388]]
actual emissions for each regulated pollutant emitted from a source
subject to the Title V operating permit program. The state determined
the fee cap in order to accommodate greater flexibility in setting
future Title V fees by estimating program expenses associated with
projected actual emissions for fiscal year 2017. The submission package
demonstrated compliance with 40 CFR 70.9(c), Fee Demonstration, and 40
CFR 70.9(d), Use of Required Fee Revenue.
The new fee structure prompted the State of Iowa to add a new
Chapter to the Iowa Administrative Code (IAC), 567-IAC Chapter 30,
``Fees''.\1\
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\1\ Iowa has requested approval of 567-IAC Subrule 30.4(2),
``Payment of Title V annual emission fee,'' as part of its Part 70
Operating Permits program. The remainder of Chapter 30 has not been
submitted to EPA for approval.
---------------------------------------------------------------------------
Revisions with regard to fees in the Title V Operating Permits
Program in 567-IAC Chapter 22, makes reference to 567-IAC Chapter 30,
``Fees'' in the following rules:
22.100 ``Definitions for Title V Permits'';
22.101 ``Applicability of Title V Operating Permit
Requirements'';
22.103 ``Insignificant Activities'';
22.105 ``Title V Permit Applications'';
22.106 ``Title V Permit Fees'';
22.108 ``Permit Content''.
Subrule 30.4(2), ``Payment of Title V annual emission fee,'' was
added to Iowa's Title V Operating Program, and addresses fees required,
documentation due dates, Phase I acid rain sources, exempted stationary
sources and insignificant activities.
Details of Iowa's Title V Operating Program revisions can be found
in the Technical Support Document located in this docket.
III. What part 52 revision is EPA approving?
As previously stated, the new chapter in the Iowa Administrative
Code that addresses the revised fee structure initiated administrative
revisions to the Iowa State Implementation Plan (SIP) and 112(l) Plan.
Revisions in the SIP amends the following rules to make reference
to 567-IAC Chapter 30, ``Fees'' as follows:
Chapter 20--Scope of Title--Definitions--Forms--Rules of
Practice;
Chapter 22--Controlling Pollution;
Chapter 31--Nonattainment Areas;
Chapter 33--Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality. The state's 112(l) plan is revised
to include, Chapter 22, subrule 22.8(1) that applies to permit-by-rule
for spray booths.
Details of Iowa's SIP and 112(l) revisions can be found in the
Technical Support Document located in this docket.
IV. 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 docket, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
V. What action is EPA taking?
EPA is approving the request to amend the Iowa Title V Operating
Permits Program, the State Implementation Plan and the 112(l) plan. As
noted previously in this document, the revision is consistent with
applicable EPA requirements. The revision meets the requirements of the
CAA, and implementing regulations. This revision is consistent with
applicable EPA requirements in Title V of the CAA, 40 CFR part 70, and
40 CFR part 52.
EPA is processing this action as a direct final action because the
revisions make routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
VI. Incorporation by Reference
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 the EPA-
Approved Iowa Regulations described in the direct final amendments to
40 CFR part 52 set forth below. Therefore, these materials have been
approved by EPA for inclusion in the State implementation plan, have
been incorporated by reference by EPA into that plan, are fully
Federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\2\ EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and at the appropriate EPA office (see the
ADDRESSES section of this preamble for more information).
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\2\ 62 FR 27968 (May 22, 1997).
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VII. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 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).
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
[[Page 62389]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 8, 2016. 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
40 CFR Part 52
Environmental protection, Incorporation by reference,
Intergovernmental relations, Reporting and recordkeeping requirements.
40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.
Dated: August 24, 2016.
Mark Hague,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 70 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 entries ``567-20.1'', ``567-22.1'', ``567-22.4'', ``567-22.5'',
``567-22.8'', ``567-22.10'', ``567-31.1'', and ``567-33.1'' to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
Chapter 20--Scope of Title--Definitions--Forms--Rules of Practice
----------------------------------------------------------------------------------------------------------------
567-20.1................. Scope of Title........... 3/15/16 9/9/16, [Insert This rule is a non-
Federal Register substantive
citation]. description of the
Chapters contained
in the Iowa rules.
EPA has not
approved all of the
Chapters to which
this rule refers.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22-Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1................. Permits Required for New 3/15/16 9/9/16, [Insert None.
or Existing Stationary Federal Register
Sources. citation].
* * * * * * *
567-22.4................. Special Requirements for 3/15/16 9/9/16, [Insert None.
Major Stationary Sources Federal Register
Located in Areas citation].
Designated Attainment or
Unclassified (PSD).
567-22.5................. Special Requirements for 3/15/16 9/9/16, [Insert None.
Nonattainment Areas. Federal Register
citation].
567-22.8................. Permit by Rule........... 3/15/16 9/9/16, [Insert None.
Federal Register
citation].
* * * * * * *
567-22.10................ Permitting Requirements 3/15/16 9/9/16, [Insert None.
for Country Grain Federal Register
Elevators, Country Grain citation].
Terminal Elevators,
Grain Terminal Elevators
and Feed Mill Equipment.
[[Page 62390]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
567-31.1................. Permit Requirements 3/15/16 9/9/16, [Insert None.
Relating to Federal Register
Nonattainment Areas. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1................. Purpose.................. 3/15/16 9/9/16, [Insert None.
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (q) under the
heading ``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(q) The Iowa Department of Natural Resources submitted for
program approval a revision to rules 567-22.100, 567-22.101, 567-
22.103, 567-22.105, 567-22.106, 567-22.108, and added 567-30.4(2) on
March 31, 2016. The State effective date is March 15, 2016. This
revision to the Iowa program is approved effective November 8, 2016.
* * * * *
[FR Doc. 2016-21469 Filed 9-8-16; 8:45 am]
BILLING CODE 6560-50-P