State of Iowa; Approval and Promulgation of the State Implementation Plan, the 111(d) Plan and the Operating Permits Program, 26599-26604 [2018-12166]
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Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations
future transportation conformity
determinations for the St. Louis area.
The finding is available at EPA’s
conformity website: https://
www.epa.gov/state-and-localtransportation.
Transportation conformity is required
by section 176(c) of the Clean Air Act,
as amended in 1990. EPA’s conformity
rule requires that transportation plans,
programs and projects conform to state
air quality implementation plans and
establishes the criteria and procedure
for determining whether or not they do.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the national
ambient air quality standards.
The criteria by which we determine
whether a SIP’s motor vehicle emission
budgets are adequate for conformity
purposes are outlined in 40 CFR
93.118(e)(4). Please note that an
adequacy review is separate from EPA’s
completeness review, and it should not
be used to prejudge EPA’s ultimate
approval of the SIP. EPA plans to take
action on the SIP at a later date. We
have described our process for
determining the adequacy of submitted
SIP budgets in 40 CFR 93.118(f), and
have followed this rule in making our
adequacy determination.
Authority: 42 U.S.C. 7401–7671q.
Dated: May 25, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
between the state and federallyapproved rules, and ensure Federal
enforceability of the state’s revised air
program rules.
DATES: This final rule is effective on July
9, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2017–0470. All
documents in the docket are listed on
the https://www.regulations.gov
website. 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, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
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,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of the
SIP, 111(d) Plan, and Operating Permit
Plan Revisions been met?
IV. EPA’s Response to Comments
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
[FR Doc. 2018–12388 Filed 6–7–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52, 62, and 70
I. Background
[EPA–R07–OAR–2017–0470; FRL 9979–10—
Region 7]
On September 15, 2017, EPA
proposed to approve revisions to the
Iowa State Implementation Plan (SIP),
the 111(d) plan, and the Operating
Permits Program. See 82 FR 43315. In
conjunction with the September 15,
2017 notice of proposed rulemaking
(NPR), EPA issued a direct final rule
(DFR) approving revisions to the Iowa
SIP, the 111(d) plan, and the Operating
Permits Program. See 82 FR 43303. In
the DFR, EPA stated that if adverse
comments were submitted to EPA by
October 16, 2017, the action would be
withdrawn and not take effect.
EPA received three comments prior to
the close of the comment period; one in
support of the rule revisions and two of
which were adverse. EPA withdrew the
DFR on November 14, 2017. See 82 FR
State of Iowa; Approval and
Promulgation of the State
Implementation Plan, the 111(d) Plan
and the Operating Permits Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Iowa State
Implementation Plan (SIP), the 111(d)
plan, and the Operating Permits
Program. These revisions update and
clarify rules and make minor revisions
and corrections. Approval of these
revisions will ensure consistency
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SUMMARY:
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26599
52667. This action is a final rule based
on the NPR. A detailed discussion of
Iowa’s SIP revisions, the 111(d) plan
revision, and the Operating Permits
Program revisions were provided in the
DFR and will not be restated here,
except to the extent relevant to our
response to the public comment we
received.
II. What is being addressed in this
document?
EPA is taking final action to approve
revisions to the Iowa SIP, the 111(d)
plan, and the Operating Permits
Program. These revisions update and
clarify rules and make minor revisions
and corrections. Approval of these
revisions will ensure consistency
between the state and federallyapproved rules, and ensure Federal
enforceability of the state’s revised air
program rules. Chapters with revisions
are as follows:
• Chapter 20—Scope of TitleDefinitions
• Chapter 21—Compliance
• Chapter 22—Controlling Pollution *
• Chapter 23—Emission Standards for
Contaminants
• Chapter 25—Measurement of
Emissions
• Chapter 26—Prevention of Emergency
Pollution Episodes
• Chapter 27—Certificate of Acceptance
• Chapter 28—Ambient Air Quality
Standards
• Chapter 31—Nonattainment Areas
• Chapter 33—Special Regulations and
Construction Permit Requirements for
Major Stationary Sources—Prevention
of Significant Deterioration (PSD) of
Air Quality
* Title V Operating Permit Program
rules are included in chapter 22 starting
at 22.100.
III. Have the requirements for approval
of the SIP, 111(d) Plan, and Operating
Permit Plan Revisions been met?
The state submittal has met the public
notice requirements for SIP submissions
in accordance with 40 CFR 51.102. The
submittal also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained
above and in more detail in the TSD
which is part of this docket, these
revisions meet the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations. These revisions are also
consistent with applicable EPA
requirements of the 111(d) plan
submission and Title V of the CAA and
40 CFR part 70.
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IV. EPA’s Response to Comments
The public comment period for EPA’s
proposed rule opened September 15,
2017, the date of its publication in the
Federal Register, and closed on October
16, 2017. During this period, EPA
received three comments; one in favor
of the rule revision, and two with
adverse comments.
Below are adverse comments from the
first commenter with EPA’s responses:
First commenter, comment 1: The
commenter stated that EPA must
disapprove 567 Iowa Administrative
Code (IAC) 22.1(2), ‘‘Exemptions’’ as
applied to construction permits for
existing stationary sources, because
existing sources already subject to PSD
cannot use a plantwide applicability
limit (PAL) to avoid PSD requirements.
The commenter also stated that EPA
must disapprove this provision because
it does not ensure that the minor
sources exemptions will not cause or
contribute to a violation of a NAAQS or
increment.
EPA’s response: Under 40 CFR
52.21(aa)(1), existing major stationary
sources may be issued an ‘‘actuals
PAL’’. As stated in the New Source
Review (NSR) Reform Final Rule (67 FR
80185), sources subject to an actuals
PAL that maintain their emissions
below a plantwide actual emissions cap
(that is, an actuals PAL), may use the
PAL process instead of the major NSR
permitting process when modifications
are made to the facility or individual
emissions units to determine PSD
applicability. Iowa’s PAL program was
approved by EPA on May 4, 2007. See
72 FR 27056.
While compliance with an actuals
PAL may allow a source to avoid PSD
applicability, it does not necessarily
exempt a source from compliance with
a state’s minor NSR program. Therefore,
a source with an actuals PAL in Iowa
may still need obtain a permit when
there is a physical change or change in
method of operation under Iowa’s minor
NSR program in 567 IAC 22.1. The
exclusion of PAL sources from the list
of sources that cannot use the
exemptions from 567 IAC 22.1 simply
allows those PAL sources to use the
same exemptions as other sources in
order to avoid the permitting
requirements of 567 IAC 22.1(1).
Furthermore, allowing PAL sources to
use the exemptions in 567 IAC 22.1(2)
does not require EPA to disapprove the
SIP. The state performs technical
reviews of construction permit
exemptions to insure the minor sources
will not cause or contribute to a
violation of a NAAQS or increment. For
example, on October 25, 2013, EPA
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approved a construction permit
exemption for certain temporary diesel
engines used in periodic testing and
maintenance of natural gas pipelines in
567 IAC 22.1(2) paragraph ‘‘oo’’. See 78
FR 63887. As demonstrated in the
docket for that action, Iowa conducted
an air quality assessment and
determined that the exemption was
appropriate and included conditions in
the exemption that insured that the
engine emissions would not exceed the
emission limits allowed under the small
unit exemption in 567 IAC 22.1(2),
paragraph ‘‘w’’. As an additional
safeguard, 567 IAC 22.1(2) specifies that
permitting exemptions do not relieve
the owner or operator of any source
from any obligations to comply with any
other applicable requirements,
including Title V requirements and PSD
requirements.
First commenter, comment 2: The
commenter stated that EPA must
disapprove 567 IAC 22.1(3) (as
applicable to construction permits for
animal feeding operations) because it
allows animals feeding operations to be
exempt from air pollution permitting,
and because it only requires animal
feeding operations to obtain a permit
under Iowa’s chapter 65 regulations that
are not approved into the SIP. Finally,
the commenter stated that 567 IAC
22.1(3) illegally allows a source category
to be exempt from air pollution
regulation.
EPA’s response: The modification to
567 IAC 22.1(3) clarifies that a new or
modified anaerobic lagoon for an animal
feeding operation shall apply for a
construction permit as provided in 567
IAC chapter 65. It does not exempt
animal feeding operations from air
pollution permitting, and solely applies
to anaerobic lagoons at animal feeding
operations.
On October 9, 2002, EPA approved
modifications to 567 IAC 22.1(3), 567
IAC 22.1(3), paragraph ‘‘c’’,
subparagraph (3), and 567 IAC 22.3(2) to
include new air construction permitting
requirements for anaerobic lagoons at
animal feeding operations. See 67 FR
62889. EPA notes that 567 IAC 22.1(3),
paragraph ‘‘c’’, which is enforceable by
the state and EPA as it is approved as
part of Iowa’s SIP, contains air
construction permit requirements that
specifically apply to persons
constructing anaerobic lagoons at
animal feeding operations. 567 IAC
22.3(2), which is also enforceable by the
state and EPA as it is approved as part
of Iowa’s SIP, also contains air
construction permitting requirements
for anaerobic lagoons at animal feeding
operations. In addition, the EPA notes
that anaerobic lagoons for animal
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feeding operations are not exempt from
air construction permitting
requirements under 567 IAC 22.1(2),
which contains exemptions from air
construction permitting requirements
for certain sources.
Concerning the comment that Iowa’s
Chapter 65 regulations are not approved
as part of the SIP, the EPA notes that in
its October 9, 2002 approval of the
modifications to 567 IAC 22.1(3), 567
IAC 22.1(3), paragraph ‘‘c’’,
subparagraph (3), and 567 IAC 22.3(2),
the EPA stated that chapter 65
requirements have not been requested
by Iowa to be approved into the SIP
because chapter 65 includes
requirements (for example, odor
controls) not pertaining to the
requirements of section 110 of the CAA.
First commenter, comment 3: The
commenter stated that EPA should make
clear that the current New Source
Performance Standards (NSPS) apply to
sources in Iowa, even if the NSPS was
subject to a legal challenge and even if
Iowa has not adopted the current NSPS.
EPA’s response: While the state
included revisions to its adoption of the
NSPS in the submittal dated April 13,
2017, the state specifically requested
that EPA not act on the revisions, and
therefore this comment is outside of the
scope of this action. The EPA notes that
the NSPS is applicable to sources in
Iowa regardless of whether Iowa has
adopted the NSPS. Iowa adopts the
NSPS in order to obtain concurrent
enforcement authority of the NSPS with
the EPA.
First commenter, comment 4: The
commenter stated that 567 IAC 25.1(9),
‘‘Methods and Procedures’’ should be
disapproved as the rule claims that the
Department can authorize the use of
alternative methodologies for testing
and monitoring. The commenter further
stated that the state does not have
authority to alter stack test and
monitoring methodologies for NSPS and
NESHAP standards.
EPA’s response: 567 IAC 25.1,
paragraph ‘‘(a)’’ was revised in order for
the state rules to be consistent with the
most current Federal rules. In addition
to provisions within each NSPS and
NESHAP that preserve EPA’s authority
to approve certain alternative
methodologies for testing and
monitoring, EPA also retains this
authority in accordance with sections
111(h)(3) and 112(e)(3) of the CAA, 40
CFR 60.8(b)(2) and (3), 61.14, and part
63, subpart E.
First commenter, comment 5: The
commenter stated that EPA must
disapprove 567 IAC 26.2(2) because it is
missing PM2.5 thresholds for air
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pollution alerts and air pollution
warnings.
EPA’s response: Iowa revised 567 IAC
26.2 in order to be consistent with 40
CFR part 51, appendix L, which
addresses example regulations for
prevention of air pollution emergency
episodes that would cause imminent
and substantial endangerment to the
health of persons. States are required
under 40 CFR part 51, subpart H, to
develop emergency contingency plans
that are classified as Priority 1 regions
where ambient concentrations of a
pollutant exceed specific thresholds. In
accordance with 40 CFR 51.151, each
plan for a Priority 1 region must include
a contingency plan that provides for
taking action necessary to prevent
ambient pollutant concentrations at any
such area in the region from reaching a
significant harm threshold.
To date, EPA has not promulgated a
significant harm threshold for Priority 1
areas for PM2.5. However, EPA has
recommended PM2.5 priority levels
through guidance,1 and has
recommended that states develop
emergency episode contingency plans
for any area that has monitored and
recorded 24-hour PM2.5 levels greater
than 140.4 mm/m3 since 2006. If a state
has monitored and recorded PM2.5 levels
greater than 140.4 mm/m3, the EPA also
recommends that the state develop
emergency action levels and a
significant harm level for PM2.5 in
accordance with EPA guidance and
consistent with the requirements of 40
CFR 51.150 through 51.153.
Because Iowa has not monitored and
recorded 24-hour PM2.5 levels greater
than 140.4 mm/m3 since 2006, Iowa is
not required to develop an emergency
action plan nor establish emergency
action levels and a significant harm
level for PM2.5.
First commenter, comment 6: The
commenter stated that EPA must
disapprove paragraph 27.2(4)‘‘c’’ as this
paragraph implies that local air agencies
have authority to grant variances for
emission limits and other applicable
requirements. In addition, the
commenter stated that Iowa Code 455B–
133, 134, and 143 must be disapproved
due to director’s variance provisions.
EPA’s response: The EPA has
interpreted this as a comment on EPA’s
proposed approval of 567 IAC 27.3(4),
paragraph ‘‘c’’. The current local air
pollution control agencies in Iowa do
not have federally approved variance
procedures. See 40 CFR 52.820(c). As
1 See EPA Memorandum entitled ‘‘Guidance on
Sip Elements Required Under Sections 110(a)(1)
and (2) for the 2006 24-Hour Fine Particle (PM2.5)
National Ambient Air Quality Standards (NAAQS),
William T. Harnett, September 25, 2009.
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such, EPA’s approval of 567 IAC 27.3(4),
paragraph ‘‘c’’ does not create a
federally-approved variance program for
the local air pollution control agency. In
addition, Iowa Code 455B–133, 134, and
143 are not a part of Iowa’s SIP.
First commenter, comment 7: The
commenter stated that Iowa removed
the title ‘‘Significant Impact Levels
(SILs)’’ of the table in 567 IAC 33.3(20)
but left the SILs in place. The
commenter stated that removing the title
does not fix the problem of SILs not
being authorized by the Clean Air Act.
The commenter stated that therefore the
last sentence of 567 IAC 33.3(20) and
the table must be disapproved and
expressed further reasons to disapprove
the SILs.
EPA’s response: As acknowledged by
the commenter, the only change to the
table in 567 IAC 33.3(20) was the
removal of the table’s title. The title was
removed by the state to be consistent
with the table in 40 CFR 51.165(b)(2),
which also does not have a title.
Because the state only removed the title
of the table, and did not otherwise
revise the text or table of 567 IAC
33.3(20), the comments concerning the
last sentence of the 567 IAC 33.3(2) and
the table are outside the scope of this
action. In addition, the referenced
sentence and table are consistent with
the text and table of 40 CFR
51.165(b)(2).
First commenter, comment 8: The
commenter stated that EPA must
disapprove 567 IAC 33.3(22) in its
entirety as the Clean Air Act does not
allow for the rescission of PSD permits.
EPA’s response: 40 CFR part 52
implements the PSD provisions of the
CAA. PSD permits may be rescinded in
accordance with 40 CFR 52.21(w).
Second commenter: A second
commenter stated that EPA cannot
rescind 567 IAC 21.1(4) unless the Clean
Air Interstate Rule (CAIR) is removed
from the Iowa SIP.
EPA’s response: 567 IAC 21.1(4)
specifies emissions inventory
requirements for Iowa’s implementation
of CAIR. Iowa’s CAIR regulations are
found in 567 IAC chapter 34 and remain
a part of the approved SIP. The Federal
CAIR regulations have been phased out
and replaced by the Cross-State Air
Pollution Rule (CSAPR). (See 76 FR
48208). Because the emissions inventory
requirements of 567 IAC 21.1(4) were
implemented in Iowa in order to comply
with CAIR and are not relied upon for
any other provision of Iowa’s SIP, and
because CAIR has been replaced by the
CSAPR, EPA is approving Iowa’s
request to remove 567 IAC 21.1(4) from
Iowa’s SIP.
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26601
V. What action is EPA taking?
EPA is taking final action to approve
revisions to the Iowa State
Implementation Plan, the 111(d) plan,
and the Operating Permits Program.
These revisions update and clarify rules
and makes minor revisions and
corrections. Approval of these revisions
will ensure consistency between the
state and federally-approved rules, and
ensure Federal enforceability of the
state’s revised air program rules.
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 Iowa Regulations
described in the final amendments to 40
CFR part 52 set forth below. EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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 in the next
update to the SIP compilation.2
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
2 62
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• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 7, 2018. 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, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure, Reporting and
recordkeeping requirements.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: May 25, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52,
62, 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.
Subpart Q—Iowa
2. Section 52.820(c) is amended by
revising the heading for chapter 20 and
the entries for ‘‘567–20.1’’, ‘‘567–20.2’’,
‘‘567–21.1’’, ‘‘567–22.1’’, ‘‘567–23.3’’,
‘‘567–25.1’’, ‘‘567–26.2’’, ‘‘567–27.1’’,
‘‘567–27.3’’, ‘‘567–28.1’’, ‘‘567–31.2’’,
‘‘567–33.1’’, and ‘‘567–33.3’’ 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
Scope of Title-Definitions
3/22/17
6/8/2018, [Insert Federal
Register citation].
567–20.2 .............
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567–20.1 .............
Definitions .......................
3/22/17
6/8/2018, [Insert Federal
Register citation].
*
*
*
*
This rule is a non-substantive description of the
Chapters contained in the Iowa rules. EPA has
not approved all the Chapters to which this rule
refers.
The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’
‘‘odorous substance,’’ ‘‘odorous substance
source’’ are not SIP approved.
*
*
Chapter 21—Compliance
567–21.1 .............
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6/8/2018, [Insert Federal
Register citation].
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Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
Iowa citation
*
State effective
date
Title
*
EPA approval date
*
*
Explanation
*
*
*
Chapter 22—Controlling Pollution
567–22.1 .............
*
Stationary Sources .........
*
3/22/17
6/8/2018, [Insert Federal
Register citation].
*
*
In 22.1(3) the following sentence regarding electronic submission is not SIP approved. The sentence is: ‘‘Alternatively, the owner or operator
may apply for a construction permit for a new or
modified stationary source through the electronic
submittal format specified by the department.’’
*
*
*
Chapter 23—Emission Standards for Contaminants
*
567–23.3 .............
*
*
Specific Contaminants ....
*
*
3/22/17
*
*
*
*
6/8/2018, [Insert Federal 567 IAC 23.3(3) ‘‘(d)’’ is not SIP approved.
Register citation].
*
*
*
*
*
*
*
*
*
*
*
*
6/8/2018, [Insert Federal
Register citation].
*
*
*
*
*
*
Chapter 25—Measurement of Emissions
567–25.1 .............
Testing and Sampling of
New and Existing
Equipment.
3/22/17
6/8/2018, [Insert Federal
Register citation].
Chapter 26—Prevention of Air Pollution Emergency Episodes
*
567–26.2 .............
*
*
Episode Criteria ..............
*
*
3/22/17
*
*
6/8/2018, [Insert Federal
Register citation].
*
*
Chapter 27—Certificate of Acceptance
567–27.1 .............
General ...........................
*
567–27.3 .............
*
Ordinance or Regulations
*
*
3/22/17
*
3/22/17
6/8/2018, [Insert Federal
Register citation].
*
*
*
Chapter 28—Ambient Air Quality Standards
567–28.1 .............
*
Statewide standards .......
*
3/22/17
6/8/2018, [Insert Federal
Register citation].
*
*
*
Chapter 31—Nonattainment Areas
amozie on DSK3GDR082PROD with RULES
*
567–31.2 .............
*
*
Rescinded .......................
*
*
3/22/17
*
*
*
6/8/2018, [Insert Federal Rescinded and reserved
Register citation].
*
*
*
*
*
*
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
567–33.1 .............
VerDate Sep<11>2014
Purpose ..........................
16:08 Jun 07, 2018
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3/22/17
Frm 00057
6/8/2018, [Insert Federal
Register citation].
Fmt 4700
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E:\FR\FM\08JNR1.SGM
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26604
Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / 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).
*
*
*
*
Explanation
6/8/2018, [Insert Federal
Register citation].
3/22/17
*
*
EPA approval date
Provisions of the 2010 PM2.5 PSD—Increments,
SILs and SMCs rule (published October 20,
2010) relating to SILs and SMCs that were affected by the January 22, 2013, U.S. Court of
Appeals decision are not SIP approved. Iowa’s
rule incorporating EPA’s 2007 revision of the
definition of ‘‘chemical processing plants’’ (the
‘‘Ethanol Rule,’’ (published May 1, 2007) or
EPA’s 2008 ‘‘fugitive emissions rule,’’ (published
December 19, 2008) are not SIP-approved.
*
*
*
*
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
*
*
*
*
*
*
*
*
*
*
(r) The Iowa Department of Natural
Resources submitted for program approval
revisions to rules 567–22.100, 567–22.103,
567–22.105, and 567–22.108. The state
effective date was March 22, 2017. This
revision is effective August 7, 2018.
3. The authority citation for part 62
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
*
*
*
*
*
4. Amend § 62.3913 by revising
paragraph (d) and adding paragraph (e)
to read as follows:
[FR Doc. 2018–12166 Filed 6–7–18; 8:45 am]
§ 62.3913
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
■
Identification of plan.
*
*
*
*
*
(d) Amended plan, submitted
September 19, 2001. Clarifying revisions
to the plan with regard to design
capacity reports for control of air
emissions from municipal solid waste
landfills submitted by the Iowa
Department of Natural Resources on
September 19, 2001. The amended plan
was effective February 11, 2002.
(e) Amended plan, submitted April
13, 2017. Grammatical revision to the
plan for the control of air emissions
from municipal solid waste landfills
submitted by the Iowa Department of
Natural Resources, on April 13, 2017.
The state effective date of the revision
was March 22, 2017. The effective date
of the amended plan is August 7, 2018.
amozie on DSK3GDR082PROD with RULES
PART 70—STATE OPERATING PERMIT
PROGRAMS
5. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
6. Amend appendix A to part 70 by
adding paragraph (r) under the heading
‘‘Iowa’’ to read as follows:
■
VerDate Sep<11>2014
16:08 Jun 07, 2018
Jkt 244001
BILLING CODE 6560–50–P
Centers for Medicare & Medicaid
Services
42 CFR Part 510
[CMS–5524–F2]
RIN 0938–AT16
Medicare Program; Changes to the
Comprehensive Care for Joint
Replacement Payment Model (CJR):
Extreme and Uncontrollable
Circumstances Policy for the CJR
Model
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule.
AGENCY:
This final rule finalizes a
policy that provides flexibility in the
determination of episode spending for
Comprehensive Care for Joint
Replacement Payment Model (CJR)
participant hospitals located in areas
impacted by extreme and uncontrollable
circumstances for performance years 3
through 5.
DATES: Effective July 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Heather Holsey, (410) 786–0028. For
SUMMARY:
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
*
questions related to the CJR model:
CJR@cms.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Iowa
■
*
In the Medicare Program; Cancellation
of Advancing Care Coordination
Through Episode Payment and Cardiac
Rehabilitation Incentive Payment
Models; Changes to Comprehensive
Care for Joint Replacement Payment
Model: Extreme and Uncontrollable
Circumstances Policy for the
Comprehensive Care for Joint
Replacement Payment Model final rule
and interim final rule with comment
period published on December 1, 2017
(82 FR 57066 through 57104), we issued
an interim final rule with comment
period in conjunction with the final rule
in order to address the need for a policy
to provide some flexibility in the
determination of episode costs for
providers located in areas impacted by
extreme and uncontrollable
circumstances. Specifically, we
finalized an extreme and uncontrollable
events policy for the performance years
2 through 5 reconciliation and sought
comment on potential refinements we
might make to this policy for future
performance year reconciliations after
performance year 2. The 30-day
comment period for that rule closed on
January 30, 2018. We received 3
comments on our comment solicitation
on potential refinements we might make
to the extreme and uncontrollable
circumstances policy for future
performance year reconciliations after
performance year 2. Those 3 comments
and our responses are discussed in the
following paragraphs. We also received
4 comments that did not relate to the
extreme and uncontrollable
circumstances policy comment
solicitation.
E:\FR\FM\08JNR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Rules and Regulations]
[Pages 26599-26604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12166]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52, 62, and 70
[EPA-R07-OAR-2017-0470; FRL 9979-10--Region 7]
State of Iowa; Approval and Promulgation of the State
Implementation Plan, the 111(d) Plan and the Operating Permits Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Iowa State Implementation Plan
(SIP), the 111(d) plan, and the Operating Permits Program. These
revisions update and clarify rules and make minor revisions and
corrections. Approval of these revisions will ensure consistency
between the state and federally-approved rules, and ensure Federal
enforceability of the state's revised air program rules.
DATES: This final rule is effective on July 9, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2017-0470. All documents in the docket are listed on
the https://www.regulations.gov website. 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, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
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
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of the SIP, 111(d) Plan, and
Operating Permit Plan Revisions been met?
IV. EPA's Response to Comments
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
On September 15, 2017, EPA proposed to approve revisions to the
Iowa State Implementation Plan (SIP), the 111(d) plan, and the
Operating Permits Program. See 82 FR 43315. In conjunction with the
September 15, 2017 notice of proposed rulemaking (NPR), EPA issued a
direct final rule (DFR) approving revisions to the Iowa SIP, the 111(d)
plan, and the Operating Permits Program. See 82 FR 43303. In the DFR,
EPA stated that if adverse comments were submitted to EPA by October
16, 2017, the action would be withdrawn and not take effect.
EPA received three comments prior to the close of the comment
period; one in support of the rule revisions and two of which were
adverse. EPA withdrew the DFR on November 14, 2017. See 82 FR 52667.
This action is a final rule based on the NPR. A detailed discussion of
Iowa's SIP revisions, the 111(d) plan revision, and the Operating
Permits Program revisions were provided in the DFR and will not be
restated here, except to the extent relevant to our response to the
public comment we received.
II. What is being addressed in this document?
EPA is taking final action to approve revisions to the Iowa SIP,
the 111(d) plan, and the Operating Permits Program. These revisions
update and clarify rules and make minor revisions and corrections.
Approval of these revisions will ensure consistency between the state
and federally-approved rules, and ensure Federal enforceability of the
state's revised air program rules. Chapters with revisions are as
follows:
Chapter 20--Scope of Title-Definitions
Chapter 21--Compliance
Chapter 22--Controlling Pollution *
Chapter 23--Emission Standards for Contaminants
Chapter 25--Measurement of Emissions
Chapter 26--Prevention of Emergency Pollution Episodes
Chapter 27--Certificate of Acceptance
Chapter 28--Ambient Air Quality Standards
Chapter 31--Nonattainment Areas
Chapter 33--Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality
* Title V Operating Permit Program rules are included in chapter 22
starting at 22.100.
III. Have the requirements for approval of the SIP, 111(d) Plan, and
Operating Permit Plan Revisions been met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the TSD which is
part of this docket, these revisions meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations. These revisions are also consistent with applicable EPA
requirements of the 111(d) plan submission and Title V of the CAA and
40 CFR part 70.
[[Page 26600]]
IV. EPA's Response to Comments
The public comment period for EPA's proposed rule opened September
15, 2017, the date of its publication in the Federal Register, and
closed on October 16, 2017. During this period, EPA received three
comments; one in favor of the rule revision, and two with adverse
comments.
Below are adverse comments from the first commenter with EPA's
responses:
First commenter, comment 1: The commenter stated that EPA must
disapprove 567 Iowa Administrative Code (IAC) 22.1(2), ``Exemptions''
as applied to construction permits for existing stationary sources,
because existing sources already subject to PSD cannot use a plantwide
applicability limit (PAL) to avoid PSD requirements. The commenter also
stated that EPA must disapprove this provision because it does not
ensure that the minor sources exemptions will not cause or contribute
to a violation of a NAAQS or increment.
EPA's response: Under 40 CFR 52.21(aa)(1), existing major
stationary sources may be issued an ``actuals PAL''. As stated in the
New Source Review (NSR) Reform Final Rule (67 FR 80185), sources
subject to an actuals PAL that maintain their emissions below a
plantwide actual emissions cap (that is, an actuals PAL), may use the
PAL process instead of the major NSR permitting process when
modifications are made to the facility or individual emissions units to
determine PSD applicability. Iowa's PAL program was approved by EPA on
May 4, 2007. See 72 FR 27056.
While compliance with an actuals PAL may allow a source to avoid
PSD applicability, it does not necessarily exempt a source from
compliance with a state's minor NSR program. Therefore, a source with
an actuals PAL in Iowa may still need obtain a permit when there is a
physical change or change in method of operation under Iowa's minor NSR
program in 567 IAC 22.1. The exclusion of PAL sources from the list of
sources that cannot use the exemptions from 567 IAC 22.1 simply allows
those PAL sources to use the same exemptions as other sources in order
to avoid the permitting requirements of 567 IAC 22.1(1).
Furthermore, allowing PAL sources to use the exemptions in 567 IAC
22.1(2) does not require EPA to disapprove the SIP. The state performs
technical reviews of construction permit exemptions to insure the minor
sources will not cause or contribute to a violation of a NAAQS or
increment. For example, on October 25, 2013, EPA approved a
construction permit exemption for certain temporary diesel engines used
in periodic testing and maintenance of natural gas pipelines in 567 IAC
22.1(2) paragraph ``oo''. See 78 FR 63887. As demonstrated in the
docket for that action, Iowa conducted an air quality assessment and
determined that the exemption was appropriate and included conditions
in the exemption that insured that the engine emissions would not
exceed the emission limits allowed under the small unit exemption in
567 IAC 22.1(2), paragraph ``w''. As an additional safeguard, 567 IAC
22.1(2) specifies that permitting exemptions do not relieve the owner
or operator of any source from any obligations to comply with any other
applicable requirements, including Title V requirements and PSD
requirements.
First commenter, comment 2: The commenter stated that EPA must
disapprove 567 IAC 22.1(3) (as applicable to construction permits for
animal feeding operations) because it allows animals feeding operations
to be exempt from air pollution permitting, and because it only
requires animal feeding operations to obtain a permit under Iowa's
chapter 65 regulations that are not approved into the SIP. Finally, the
commenter stated that 567 IAC 22.1(3) illegally allows a source
category to be exempt from air pollution regulation.
EPA's response: The modification to 567 IAC 22.1(3) clarifies that
a new or modified anaerobic lagoon for an animal feeding operation
shall apply for a construction permit as provided in 567 IAC chapter
65. It does not exempt animal feeding operations from air pollution
permitting, and solely applies to anaerobic lagoons at animal feeding
operations.
On October 9, 2002, EPA approved modifications to 567 IAC 22.1(3),
567 IAC 22.1(3), paragraph ``c'', subparagraph (3), and 567 IAC 22.3(2)
to include new air construction permitting requirements for anaerobic
lagoons at animal feeding operations. See 67 FR 62889. EPA notes that
567 IAC 22.1(3), paragraph ``c'', which is enforceable by the state and
EPA as it is approved as part of Iowa's SIP, contains air construction
permit requirements that specifically apply to persons constructing
anaerobic lagoons at animal feeding operations. 567 IAC 22.3(2), which
is also enforceable by the state and EPA as it is approved as part of
Iowa's SIP, also contains air construction permitting requirements for
anaerobic lagoons at animal feeding operations. In addition, the EPA
notes that anaerobic lagoons for animal feeding operations are not
exempt from air construction permitting requirements under 567 IAC
22.1(2), which contains exemptions from air construction permitting
requirements for certain sources.
Concerning the comment that Iowa's Chapter 65 regulations are not
approved as part of the SIP, the EPA notes that in its October 9, 2002
approval of the modifications to 567 IAC 22.1(3), 567 IAC 22.1(3),
paragraph ``c'', subparagraph (3), and 567 IAC 22.3(2), the EPA stated
that chapter 65 requirements have not been requested by Iowa to be
approved into the SIP because chapter 65 includes requirements (for
example, odor controls) not pertaining to the requirements of section
110 of the CAA.
First commenter, comment 3: The commenter stated that EPA should
make clear that the current New Source Performance Standards (NSPS)
apply to sources in Iowa, even if the NSPS was subject to a legal
challenge and even if Iowa has not adopted the current NSPS.
EPA's response: While the state included revisions to its adoption
of the NSPS in the submittal dated April 13, 2017, the state
specifically requested that EPA not act on the revisions, and therefore
this comment is outside of the scope of this action. The EPA notes that
the NSPS is applicable to sources in Iowa regardless of whether Iowa
has adopted the NSPS. Iowa adopts the NSPS in order to obtain
concurrent enforcement authority of the NSPS with the EPA.
First commenter, comment 4: The commenter stated that 567 IAC
25.1(9), ``Methods and Procedures'' should be disapproved as the rule
claims that the Department can authorize the use of alternative
methodologies for testing and monitoring. The commenter further stated
that the state does not have authority to alter stack test and
monitoring methodologies for NSPS and NESHAP standards.
EPA's response: 567 IAC 25.1, paragraph ``(a)'' was revised in
order for the state rules to be consistent with the most current
Federal rules. In addition to provisions within each NSPS and NESHAP
that preserve EPA's authority to approve certain alternative
methodologies for testing and monitoring, EPA also retains this
authority in accordance with sections 111(h)(3) and 112(e)(3) of the
CAA, 40 CFR 60.8(b)(2) and (3), 61.14, and part 63, subpart E.
First commenter, comment 5: The commenter stated that EPA must
disapprove 567 IAC 26.2(2) because it is missing PM2.5
thresholds for air
[[Page 26601]]
pollution alerts and air pollution warnings.
EPA's response: Iowa revised 567 IAC 26.2 in order to be consistent
with 40 CFR part 51, appendix L, which addresses example regulations
for prevention of air pollution emergency episodes that would cause
imminent and substantial endangerment to the health of persons. States
are required under 40 CFR part 51, subpart H, to develop emergency
contingency plans that are classified as Priority 1 regions where
ambient concentrations of a pollutant exceed specific thresholds. In
accordance with 40 CFR 51.151, each plan for a Priority 1 region must
include a contingency plan that provides for taking action necessary to
prevent ambient pollutant concentrations at any such area in the region
from reaching a significant harm threshold.
To date, EPA has not promulgated a significant harm threshold for
Priority 1 areas for PM2.5. However, EPA has recommended
PM2.5 priority levels through guidance,\1\ and has
recommended that states develop emergency episode contingency plans for
any area that has monitored and recorded 24-hour PM2.5
levels greater than 140.4 [micro]m/m\3\ since 2006. If a state has
monitored and recorded PM2.5 levels greater than 140.4
[micro]m/m\3\, the EPA also recommends that the state develop emergency
action levels and a significant harm level for PM2.5 in
accordance with EPA guidance and consistent with the requirements of 40
CFR 51.150 through 51.153.
---------------------------------------------------------------------------
\1\ See EPA Memorandum entitled ``Guidance on Sip Elements
Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),
William T. Harnett, September 25, 2009.
---------------------------------------------------------------------------
Because Iowa has not monitored and recorded 24-hour
PM2.5 levels greater than 140.4 [micro]m/m\3\ since 2006,
Iowa is not required to develop an emergency action plan nor establish
emergency action levels and a significant harm level for
PM2.5.
First commenter, comment 6: The commenter stated that EPA must
disapprove paragraph 27.2(4)``c'' as this paragraph implies that local
air agencies have authority to grant variances for emission limits and
other applicable requirements. In addition, the commenter stated that
Iowa Code 455B-133, 134, and 143 must be disapproved due to director's
variance provisions.
EPA's response: The EPA has interpreted this as a comment on EPA's
proposed approval of 567 IAC 27.3(4), paragraph ``c''. The current
local air pollution control agencies in Iowa do not have federally
approved variance procedures. See 40 CFR 52.820(c). As such, EPA's
approval of 567 IAC 27.3(4), paragraph ``c'' does not create a
federally-approved variance program for the local air pollution control
agency. In addition, Iowa Code 455B-133, 134, and 143 are not a part of
Iowa's SIP.
First commenter, comment 7: The commenter stated that Iowa removed
the title ``Significant Impact Levels (SILs)'' of the table in 567 IAC
33.3(20) but left the SILs in place. The commenter stated that removing
the title does not fix the problem of SILs not being authorized by the
Clean Air Act. The commenter stated that therefore the last sentence of
567 IAC 33.3(20) and the table must be disapproved and expressed
further reasons to disapprove the SILs.
EPA's response: As acknowledged by the commenter, the only change
to the table in 567 IAC 33.3(20) was the removal of the table's title.
The title was removed by the state to be consistent with the table in
40 CFR 51.165(b)(2), which also does not have a title. Because the
state only removed the title of the table, and did not otherwise revise
the text or table of 567 IAC 33.3(20), the comments concerning the last
sentence of the 567 IAC 33.3(2) and the table are outside the scope of
this action. In addition, the referenced sentence and table are
consistent with the text and table of 40 CFR 51.165(b)(2).
First commenter, comment 8: The commenter stated that EPA must
disapprove 567 IAC 33.3(22) in its entirety as the Clean Air Act does
not allow for the rescission of PSD permits.
EPA's response: 40 CFR part 52 implements the PSD provisions of the
CAA. PSD permits may be rescinded in accordance with 40 CFR 52.21(w).
Second commenter: A second commenter stated that EPA cannot rescind
567 IAC 21.1(4) unless the Clean Air Interstate Rule (CAIR) is removed
from the Iowa SIP.
EPA's response: 567 IAC 21.1(4) specifies emissions inventory
requirements for Iowa's implementation of CAIR. Iowa's CAIR regulations
are found in 567 IAC chapter 34 and remain a part of the approved SIP.
The Federal CAIR regulations have been phased out and replaced by the
Cross-State Air Pollution Rule (CSAPR). (See 76 FR 48208). Because the
emissions inventory requirements of 567 IAC 21.1(4) were implemented in
Iowa in order to comply with CAIR and are not relied upon for any other
provision of Iowa's SIP, and because CAIR has been replaced by the
CSAPR, EPA is approving Iowa's request to remove 567 IAC 21.1(4) from
Iowa's SIP.
V. What action is EPA taking?
EPA is taking final action to approve revisions to the Iowa State
Implementation Plan, the 111(d) plan, and the Operating Permits
Program. These revisions update and clarify rules and makes minor
revisions and corrections. Approval of these revisions will ensure
consistency between the state and federally-approved rules, and ensure
Federal enforceability of the state's revised air program rules.
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 Iowa
Regulations described in the final amendments to 40 CFR part 52 set
forth below. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 7
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
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 in the next
update to the SIP compilation.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
[[Page 26602]]
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 7, 2018. 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, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Reporting and recordkeeping requirements.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: May 25, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52,
62, 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. Section 52.820(c) is amended by revising the heading for chapter 20
and the entries for ``567-20.1'', ``567-20.2'', ``567-21.1'', ``567-
22.1'', ``567-23.3'', ``567-25.1'', ``567-26.2'', ``567-27.1'', ``567-
27.3'', ``567-28.1'', ``567-31.2'', ``567-33.1'', and ``567-33.3'' 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
----------------------------------------------------------------------------------------------------------------
567-20.1................... Scope of Title- 3/22/17 6/8/2018, [Insert This rule is a non-
Definitions. Federal Register substantive description
citation]. of the Chapters
contained in the Iowa
rules. EPA has not
approved all the
Chapters to which this
rule refers.
567-20.2................... Definitions......... 3/22/17 6/8/2018, [Insert The definitions for
Federal Register ``anaerobic lagoon,''
citation]. ``odor,'' ``odorous
substance,'' ``odorous
substance source'' are
not SIP approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 21--Compliance
----------------------------------------------------------------------------------------------------------------
567-21.1................... Compliance Schedule. 3/22/17 6/8/2018, [Insert ........................
Federal Register
citation].
[[Page 26603]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1................... Stationary Sources.. 3/22/17 6/8/2018, [Insert In 22.1(3) the following
Federal Register sentence regarding
citation]. electronic submission
is not SIP approved.
The sentence is:
``Alternatively, the
owner or operator may
apply for a
construction permit for
a new or modified
stationary source
through the electronic
submittal format
specified by the
department.''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 23--Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-23.3................... Specific 3/22/17 6/8/2018, [Insert 567 IAC 23.3(3) ``(d)''
Contaminants. Federal Register is not SIP approved.
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1................... Testing and Sampling 3/22/17 6/8/2018, [Insert ........................
of New and Existing Federal Register
Equipment. citation].
----------------------------------------------------------------------------------------------------------------
Chapter 26--Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-26.2................... Episode Criteria.... 3/22/17 6/8/2018, [Insert ........................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 27--Certificate of Acceptance
----------------------------------------------------------------------------------------------------------------
567-27.1................... General............. 3/22/17 6/8/2018, [Insert ........................
Federal Register
citation].
* * * * * * *
567-27.3................... Ordinance or 3/22/17 6/8/2018, [Insert ........................
Regulations. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1................... Statewide standards. 3/22/17 6/8/2018, [Insert ........................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-31.2................... Rescinded........... 3/22/17 6/8/2018, [Insert Rescinded and reserved
Federal Register
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............. 3/22/17 6/8/2018, [Insert ........................
Federal Register
citation].
[[Page 26604]]
567-33.3................... Special Construction 3/22/17 6/8/2018, [Insert Provisions of the 2010
Permit Requirements Federal Register PM2.5 PSD--Increments,
for Major citation]. SILs and SMCs rule
Stationary Sources (published October 20,
in Areas Designated 2010) relating to SILs
Attainment or and SMCs that were
Unclassified (PSD). affected by the January
22, 2013, U.S. Court of
Appeals decision are
not SIP approved.
Iowa's rule
incorporating EPA's
2007 revision of the
definition of
``chemical processing
plants'' (the ``Ethanol
Rule,'' (published May
1, 2007) or EPA's 2008
``fugitive emissions
rule,'' (published
December 19, 2008) are
not SIP-approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
3. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
4. Amend Sec. 62.3913 by revising paragraph (d) and adding paragraph
(e) to read as follows:
Sec. 62.3913 Identification of plan.
* * * * *
(d) Amended plan, submitted September 19, 2001. Clarifying
revisions to the plan with regard to design capacity reports for
control of air emissions from municipal solid waste landfills submitted
by the Iowa Department of Natural Resources on September 19, 2001. The
amended plan was effective February 11, 2002.
(e) Amended plan, submitted April 13, 2017. Grammatical revision to
the plan for the control of air emissions from municipal solid waste
landfills submitted by the Iowa Department of Natural Resources, on
April 13, 2017. The state effective date of the revision was March 22,
2017. The effective date of the amended plan is August 7, 2018.
PART 70--STATE OPERATING PERMIT PROGRAMS
0
5. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
6. Amend appendix A to part 70 by adding paragraph (r) under the
heading ``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(r) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100, 567-22.103, 567-
22.105, and 567-22.108. The state effective date was March 22, 2017.
This revision is effective August 7, 2018.
* * * * *
[FR Doc. 2018-12166 Filed 6-7-18; 8:45 am]
BILLING CODE 6560-50-P
