Air Plan Approval; Iowa; State Implementation Plan and Operating Permits Program, 1615-1618 [2019-00793]
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Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Rules and Regulations
Rule No.
State
effective
date
Rule title
EPA
effective
date
Final rule citation/date
1615
Comments
33.1–15–23. Fees
33.1–15–23–01 ...........
Definitions ........................
1/1/2019
3/15/2019
33.1–15–23–02 ...........
Permit to construct fees ...
1/1/2019
3/15/2019
33.1–15–23–03 ...........
Minor source permit to operate fees.
1/1/2019
3/15/2019
[Insert Federal Register
citation], 2/5/2019.
[Insert Federal Register
citation], 2/5/2019.
[Insert Federal Register
citation], 2/5/2019.
Originally approved as 33–15–23–01 on 4/21/97, 62
FR 19224.
Originally approved as 33–15–23–02 on 10/21/16,
81 FR 72718.
Originally approved as 33–15–23–03 on 10/21/16,
81 FR 72718.
33.1–15–25. Regional Haze Requirements
33.1–15–25–01 ...........
Definitions ........................
1/1/2019
3/15/2019
33.1–15–25–02 ...........
Best available retrofit
technology.
Guidelines for best available retrofit technology
determinations under
the regional haze rule.
Monitoring, recordkeeping,
and reporting.
1/1/2019
3/15/2019
1/1/2019
3/15/2019
1/1/2019
3/15/2019
33.1–15–25–03 ...........
33.1–15–25–04 ...........
*
*
*
*
*
[FR Doc. 2019–00712 Filed 2–4–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2018–0642; FRL–9988–94–
Region 7]
Air Plan Approval; Iowa; State
Implementation Plan and Operating
Permits Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Iowa State Implementation Plan
(SIP) and the Operating Permits
Program. The revisions include
updating definitions, clarifying permit
rule exemptions and permit-by-rule
regulations, revising methods and
procedures for performance test/stack
test and continuous monitoring systems,
and updating the Prevention of
Significant Deterioration (PSD)
regulations and Operating Permits
Program. In addition, the State has
removed its rules that implement the
Clean Air Interstate Rule (CAIR) and
revised their acid rain rules. These
revisions will not impact air quality and
will ensure consistency between the
state and federally approved rules.
DATES: This final rule is effective on
March 7, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2018–0642. All
documents in the docket are listed on
the https://www.regulations.gov
SUMMARY:
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[Insert Federal Register
citation], 2/5/2019.
[Insert Federal Register
citation], 2/5/2019.
[Insert Federal Register
citation], 2/5/2019.
Originally approved as 33–15–25–01 on 4/6/12, 77
FR 20894.
Originally approved as 33–15–25–02 on 4/6/12, 77
FR 20894.
Originally approved as 33–15–25–03 on 4/6/12, 77
FR 20894.
[Insert Federal Register
citation], 2/5/2019.
Originally approved as 33–15–25–04 on 4/6/12, 77
FR 20894.
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:
Stephanie Doolan, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7719, or by email at
Doolan.Stephanie@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 and Operating Permit Plan revisions
been met?
IV. The EPA’s Response to Comments
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
On October 2, 2018, the EPA
proposed to approve in the Federal
Register revisions to the Iowa State
Implementation Plan (SIP) and the
Operating Permits Program. See 83 FR
49509. The 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
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Sfmt 4700
ensure Federal enforceability of the
state’s revised air program rules.
The EPA received comments from two
sources prior to the close of the
comment period. A detailed discussion
of Iowa’s SIP revisions and the
Operating Permits Program revisions
were provided in the proposed rule and
will not be restated here, except to the
extent relevant to our response to the
public comments we received.
II. What is being addressed in this
document?
The EPA is taking final action to
approve the revisions to the Iowa SIP
and the State’s Operating Permits
Program. These revisions:
• Update the definition for EPA
reference method and volatile organic
compounds (VOCs);
• Clarify permit rule exemptions and
the State’s permit-by-rule regulation;
• Update methods and procedures for
performance test/stack test and
continuous monitoring systems.
• Rescind State rules that implement
the CAIR;
• Revise the State’s Prevention of
Significant Deterioration (PSD)
regulations to incorporate the most
recent Federal requirements;
• Revise the State’s Operating Permits
Program by revising the definition for
EPA Reference Method, clarifying
insignificant activities as applied to
internal combustion engines, revising
forms used to submit emission
inventories and due dates as well as
revising the public participation rules;
and
• Revise the State’s acid rain rules to
include the most recent EPA Reference
Method.
As noted in the proposed rule, the
EPA is not acting on Chapter 25.2—
Continuous emission monitoring under
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05FER1
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Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Rules and Regulations
the acid rain program, as these
provisions are not approved in the
operating permits program. EPA is also
not acting on the New Source
Performance Standards, emission
standards for hazardous air pollutants,
emission standards for hazardous air
pollutants for source categories, and
emission guidelines that were submitted
in this SIP revision. These will be
addressed separately in a future action.
Chapters with revisions are as
follows:
• Chapter 22—Controlling Pollution
• Chapter 25—Measurement of
Emissions
• Chapter 30—Fees
• Chapter 33—Special Regulations and
Construction Permit Requirements for
Major Stationary Sources—Prevention
of Significant Deterioration (PSD) of
Air Quality
• Chapter 34—Provisions for Air
Quality Emissions Trading Programs
III. Have the requirements for approval
of the SIP 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 proposal
published in the Federal Register on
October 2, 2018, these revisions meet
the substantive SIP requirements of the
Clean Air Act (CAA), including section
110 and implementing regulations. See
83 FR 49509. These revisions are also
consistent with applicable requirements
of title V of the CAA and 40 CFR part
70.
IV. The EPA’s Response to Comments
The public comment period for the
EPA’s proposed rule opened October 2,
2018, the date of its publication in the
Federal Register, and closed on
November 1, 2018. During this period,
the EPA received comments from two
commenters with three comments. One
of the commenters was supportive of the
EPA’s proposed approval of the State’s
rescission of its CAIR regulations. Below
are adverse comments with the EPA’s
responses.
First commenter, comment 1: The
commenter is opposed to the State’s rule
revisions that allow PSD permit notices
to be published on a website instead of
a newspaper. The commenter’s concern
is that lower income and lower
education level communities are not as
likely to have internet access and thus
are unlikely to learn about the public
notices and comment periods. The
commenter recommends retaining the
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requirement to post public notices for
PSD permits in local newspapers for the
affected areas and posting notices on a
public website.
The EPA’s response to comment 1:
Iowa revised its PSD public
participation procedures in 567 Iowa
Administrative Code (IAC) 33.3(17) to
be consistent with Federal PSD public
participation procedures in 40 CFR
51.166(q)(2). The EPA responded to
similar concerns such as those raised by
the commenter when it promulgated
changes to the public notice provisions
in CAA Permitting programs in 40 CFR
51.166, and stated that the EPA’s final
rule did not preclude a permitting
authority from providing supplemental
notification to the public, such as a
supplemental notice in a newspaper (81
FR 71613, October 2, 2018).
Accordingly, the changes to the State’s
PSD permit public notice requirements
provide for notification via other means
if necessary to ensure adequate notice to
the affected public. Because Iowa’s PSD
permit public notice provisions meet
the minimum criteria for notifying the
public of the availability of PSD
permitting information in 40 CFR
51.166(q)(2), EPA is approving the
State’s rule revision into the SIP without
modification.
Second commenter, comment 2: The
second commenter expressed concern
that the compound 1,1,2,2-tetrafluoro-1(2,2,2-trifluoroethoxy) ethane (HFE–
347pcf2) is being excluded from the
state definition of a ‘‘volatile organic
compounds’’ (VOC). Specifically, the
commenter is concerned about potential
adverse health effects from exposure to
HFE–347pcf2 and requested that the
State be required to continue to monitor
levels of this compound for a period of
time following the approval of the SIP
revisions.
The EPA’s response to comment 2:
The State excluded HFE–347pcf2 from
the definition of VOC in 567 IAC 20.2
to be consistent with the Federal
definition of VOC in 40 CFR 51.100. The
EPA has removed HFE–347pcf2 from
the definition of VOC because this
compound makes a negligible
contribution to tropospheric ozone
formation (81 FR 50330, August 1,
2016). The EPA discussed similar health
concerns such as those raised by the
commenter when it promulgated
changes to the Federal definition of
VOC to exclude HFE–347pcf2, and
discussed another Federal regulatory
program, the Toxic Substances Control
Act (TSCA), that allows EPA to evaluate
whether an unreasonable risk is
expected by the manufacture,
processing, distribution in commerce,
use, and disposal of HFE–347pcf2. See
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id. Because Iowa’s definition of VOC is
consistent with the Federal definition of
VOC in 40 CFR 51.100, the EPA is
approving the State’s rule revision into
the SIP without modification.
Second commenter, comment 3: The
second commenter also commented on
the removal of the requirement to post
public notices for PSD permits in local
newspapers in the affected area. The
second commenter advocates that the
public notices should be concurrently
posted in the local newpapers and on
the state’s website for an unspecified
time until the public becomes familiar
with accessing the information online,
and then the removal of the requirement
to post the public notices in the
newspaper could occur.
The EPA’s response to comment 3:
For the reasons discussed in the EPA’s
response to comment 1 above, the EPA
is approving the state’s rule revision
into the SIP without modification.
V. What action is the EPA taking?
The EPA is approving revisions to the
Iowa SIP and the Operating Permits
Program. The revisions clarify rules,
make revisions and corrections, and
rescind rules no longer relevant to the
air program. The EPA has determined
that approval of these revisions will not
impact air quality and 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 document, 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 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
SIP, 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.1
1 62
E:\FR\FM\05FER1.SGM
FR 27968 (May 22, 1997).
05FER1
Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Rules and Regulations
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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 April 8, 2019. 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
1617
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,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: December 26, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA is amending 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.
Subpart Q—Iowa
2. Amend § 52.820, paragraph (c), by:
a. Revising the table entries ‘‘567–
20.2’’, ‘‘567–22.1’’, ‘‘567–22.8’’, ‘‘567–
25.1’’, ‘‘567–33.1’’, and ‘‘567–33.3’’, and
■ b. Removing the table entries and the
heading for ‘‘Chapter 34—Provisions for
Air Quality Emissions Trading
Programs’’ in its entirety.
The revisions 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
*
567–20.2 ........................
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*
*
Definitions ....................
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Frm 00019
*
*
2/5/2019, [Insert Federal Register citation].
Fmt 4700
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*
*
The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’
‘‘odorous substance,’’ ‘‘odorous substance
source’’ are not SIP approved.
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Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / 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 ........................
Permits Required for
New or Stationary
Sources.
*
567–22.8 ........................
*
*
Permit by Rule .............
*
4/18/2018
*
4/18/2018
*
2/5/2019, [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.’’
*
*
2/5/2019, [Insert Federal Register citation].
*
*
*
*
*
*
*
*
Chapter 25—Measurement of Emissions
567–25.1 ........................
Testing and Sampling
of New and Existing
Equipment.
*
*
4/18/2018
*
2/5/2019, [Insert 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 ........................
4/18/2018
567–33.3 ........................
Special Construction
Permit Requirements
for Major Stationary
Sources in Areas
Designated Attainment or Unclassified
(PSD).
4/18/2018
*
*
*
*
*
*
*
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
3. The authority citation for part 70
continues to read as follows:
■
2/5/2019, [Insert Federal Register citation].
2/5/2019, [Insert Federal Register citation].
*
*
(t) The Iowa Department of Natural
Resources submitted for program approval
revisions to rules 567–22.100, 567–22.103,
567–22.106, 567–22.107, and 567–30.4. The
state effective date is April 18, 2018. This
revision is effective April 8, 2019.
*
*
*
*
*
[FR Doc. 2019–00793 Filed 2–4–19; 8:45 am]
Authority: 42 U.S.C. 7401 et seq.
BILLING CODE 6560–50–P
4. Amend appendix A to part 70 by
adding paragraph (t) under Iowa to read
as follows:
■
*
*
*
*
*
*
*
*
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*
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 30
[GN Docket No. 14–177; FCC 18–180]
Use of Spectrum Bands Above 24 GHz
for Mobile Radio Services
Federal Communications
Commission.
ACTION: Final rule.
In this document, the Federal
Communications Commission
(Commission or FCC) adopts rules for
specific millimeter wave bands above 24
GHz in the Fourth Report and Order.
This Order establishes an incentive
auction that promotes the flexible-use
SUMMARY:
Iowa
*
*
AGENCY:
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
Provisions of the 2010 PM2.5 PSD—Increments, SILs and SMCs rule (75 FR 64865,
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.
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E:\FR\FM\05FER1.SGM
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Agencies
[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Rules and Regulations]
[Pages 1615-1618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00793]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2018-0642; FRL-9988-94-Region 7]
Air Plan Approval; Iowa; State Implementation Plan and Operating
Permits Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Iowa State Implementation Plan (SIP) and the Operating
Permits Program. The revisions include updating definitions, clarifying
permit rule exemptions and permit-by-rule regulations, revising methods
and procedures for performance test/stack test and continuous
monitoring systems, and updating the Prevention of Significant
Deterioration (PSD) regulations and Operating Permits Program. In
addition, the State has removed its rules that implement the Clean Air
Interstate Rule (CAIR) and revised their acid rain rules. These
revisions will not impact air quality and will ensure consistency
between the state and federally approved rules.
DATES: This final rule is effective on March 7, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2018-0642. 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: Stephanie Doolan, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at
Doolan.Stephanie@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 and Operating
Permit Plan revisions been met?
IV. The EPA's Response to Comments
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
On October 2, 2018, the EPA proposed to approve in the Federal
Register revisions to the Iowa State Implementation Plan (SIP) and the
Operating Permits Program. See 83 FR 49509. The 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.
The EPA received comments from two sources prior to the close of
the comment period. A detailed discussion of Iowa's SIP revisions and
the Operating Permits Program revisions were provided in the proposed
rule and will not be restated here, except to the extent relevant to
our response to the public comments we received.
II. What is being addressed in this document?
The EPA is taking final action to approve the revisions to the Iowa
SIP and the State's Operating Permits Program. These revisions:
Update the definition for EPA reference method and
volatile organic compounds (VOCs);
Clarify permit rule exemptions and the State's permit-by-
rule regulation;
Update methods and procedures for performance test/stack
test and continuous monitoring systems.
Rescind State rules that implement the CAIR;
Revise the State's Prevention of Significant Deterioration
(PSD) regulations to incorporate the most recent Federal requirements;
Revise the State's Operating Permits Program by revising
the definition for EPA Reference Method, clarifying insignificant
activities as applied to internal combustion engines, revising forms
used to submit emission inventories and due dates as well as revising
the public participation rules; and
Revise the State's acid rain rules to include the most
recent EPA Reference Method.
As noted in the proposed rule, the EPA is not acting on Chapter
25.2--Continuous emission monitoring under
[[Page 1616]]
the acid rain program, as these provisions are not approved in the
operating permits program. EPA is also not acting on the New Source
Performance Standards, emission standards for hazardous air pollutants,
emission standards for hazardous air pollutants for source categories,
and emission guidelines that were submitted in this SIP revision. These
will be addressed separately in a future action.
Chapters with revisions are as follows:
Chapter 22--Controlling Pollution
Chapter 25--Measurement of Emissions
Chapter 30--Fees
Chapter 33--Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality
Chapter 34--Provisions for Air Quality Emissions Trading
Programs
III. Have the requirements for approval of the SIP 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 proposal
published in the Federal Register on October 2, 2018, these revisions
meet the substantive SIP requirements of the Clean Air Act (CAA),
including section 110 and implementing regulations. See 83 FR 49509.
These revisions are also consistent with applicable requirements of
title V of the CAA and 40 CFR part 70.
IV. The EPA's Response to Comments
The public comment period for the EPA's proposed rule opened
October 2, 2018, the date of its publication in the Federal Register,
and closed on November 1, 2018. During this period, the EPA received
comments from two commenters with three comments. One of the commenters
was supportive of the EPA's proposed approval of the State's rescission
of its CAIR regulations. Below are adverse comments with the EPA's
responses.
First commenter, comment 1: The commenter is opposed to the State's
rule revisions that allow PSD permit notices to be published on a
website instead of a newspaper. The commenter's concern is that lower
income and lower education level communities are not as likely to have
internet access and thus are unlikely to learn about the public notices
and comment periods. The commenter recommends retaining the requirement
to post public notices for PSD permits in local newspapers for the
affected areas and posting notices on a public website.
The EPA's response to comment 1: Iowa revised its PSD public
participation procedures in 567 Iowa Administrative Code (IAC) 33.3(17)
to be consistent with Federal PSD public participation procedures in 40
CFR 51.166(q)(2). The EPA responded to similar concerns such as those
raised by the commenter when it promulgated changes to the public
notice provisions in CAA Permitting programs in 40 CFR 51.166, and
stated that the EPA's final rule did not preclude a permitting
authority from providing supplemental notification to the public, such
as a supplemental notice in a newspaper (81 FR 71613, October 2, 2018).
Accordingly, the changes to the State's PSD permit public notice
requirements provide for notification via other means if necessary to
ensure adequate notice to the affected public. Because Iowa's PSD
permit public notice provisions meet the minimum criteria for notifying
the public of the availability of PSD permitting information in 40 CFR
51.166(q)(2), EPA is approving the State's rule revision into the SIP
without modification.
Second commenter, comment 2: The second commenter expressed concern
that the compound 1,1,2,2-tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane
(HFE-347pcf2) is being excluded from the state definition of a
``volatile organic compounds'' (VOC). Specifically, the commenter is
concerned about potential adverse health effects from exposure to HFE-
347pcf2 and requested that the State be required to continue to monitor
levels of this compound for a period of time following the approval of
the SIP revisions.
The EPA's response to comment 2: The State excluded HFE-347pcf2
from the definition of VOC in 567 IAC 20.2 to be consistent with the
Federal definition of VOC in 40 CFR 51.100. The EPA has removed HFE-
347pcf2 from the definition of VOC because this compound makes a
negligible contribution to tropospheric ozone formation (81 FR 50330,
August 1, 2016). The EPA discussed similar health concerns such as
those raised by the commenter when it promulgated changes to the
Federal definition of VOC to exclude HFE-347pcf2, and discussed another
Federal regulatory program, the Toxic Substances Control Act (TSCA),
that allows EPA to evaluate whether an unreasonable risk is expected by
the manufacture, processing, distribution in commerce, use, and
disposal of HFE-347pcf2. See id. Because Iowa's definition of VOC is
consistent with the Federal definition of VOC in 40 CFR 51.100, the EPA
is approving the State's rule revision into the SIP without
modification.
Second commenter, comment 3: The second commenter also commented on
the removal of the requirement to post public notices for PSD permits
in local newspapers in the affected area. The second commenter
advocates that the public notices should be concurrently posted in the
local newpapers and on the state's website for an unspecified time
until the public becomes familiar with accessing the information
online, and then the removal of the requirement to post the public
notices in the newspaper could occur.
The EPA's response to comment 3: For the reasons discussed in the
EPA's response to comment 1 above, the EPA is approving the state's
rule revision into the SIP without modification.
V. What action is the EPA taking?
The EPA is approving revisions to the Iowa SIP and the Operating
Permits Program. The revisions clarify rules, make revisions and
corrections, and rescind rules no longer relevant to the air program.
The EPA has determined that approval of these revisions will not impact
air quality and 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 document, 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 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 SIP, 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.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
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[[Page 1617]]
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 April 8, 2019. 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, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: December 26, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA is amending 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. Amend Sec. 52.820, paragraph (c), by:
0
a. Revising the table entries ``567-20.2'', ``567-22.1'', ``567-22.8'',
``567-25.1'', ``567-33.1'', and ``567-33.3'', and
0
b. Removing the table entries and the heading for ``Chapter 34--
Provisions for Air Quality Emissions Trading Programs'' in its
entirety.
The revisions 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-20.2....................... Definitions....... 4/18/2018 2/5/2019, [Insert The definitions for
Federal Register ``anaerobic lagoon,''
citation]. ``odor,'' ``odorous
substance,'' ``odorous
substance source'' are
not SIP approved.
[[Page 1618]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1....................... Permits Required 4/18/2018 2/5/2019, [Insert In 22.1(3) the
for New or Federal Register following sentence
Stationary citation]. regarding electronic
Sources. 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.''
* * * * * * *
567-22.8....................... Permit by Rule.... 4/18/2018 2/5/2019, [Insert .......................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1....................... Testing and 4/18/2018 2/5/2019, [Insert .......................
Sampling of New Federal Register
and Existing citation].
Equipment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1....................... Purpose........... 4/18/2018 2/5/2019, [Insert .......................
Federal Register
citation].
567-33.3....................... Special 4/18/2018 2/5/2019, [Insert Provisions of the 2010
Construction Federal Register PM2.5 PSD--Increments,
Permit citation]. SILs and SMCs rule (75
Requirements for FR 64865, October 20,
Major Stationary 2010) relating to SILs
Sources in Areas and SMCs that were
Designated affected by the
Attainment or January 22, 2013, U.S.
Unclassified Court of Appeals
(PSD). 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 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. Amend appendix A to part 70 by adding paragraph (t) under Iowa to
read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(t) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100, 567-22.103, 567-
22.106, 567-22.107, and 567-30.4. The state effective date is April
18, 2018. This revision is effective April 8, 2019.
* * * * *
[FR Doc. 2019-00793 Filed 2-4-19; 8:45 am]
BILLING CODE 6560-50-P