Air Plan Approval; Iowa; State Implementation Plan and Operating Permits Program, 10357-10360 [2020-03513]
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Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Proposed Rules
of Management and Budget under
Executive Order 12866 58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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).
40 CFR Parts 52 and 70
[EPA–R07–OAR–2020–0059; FRL–10005–
47–Region 7]
Air Plan Approval; Iowa; State
Implementation Plan and Operating
Permits Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
[FR Doc. 2020–03507 Filed 2–21–20; 8:45 am]
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Iowa State
Implementation Plan (SIP) and the
Operating Permits Program. The
revisions include updating definitions,
regulatory references, correcting the
State’s mailing address, requiring
facilities to submit electronic emissions
inventory information under the State’s
title V permitting program, and
updating references for the most recent
federally approved minimum
specifications and quality assurance
procedures for performance evaluations
of continuous monitoring systems.
These revisions will not impact air
quality and will ensure consistency
between the State and Federally
approved rules.
DATES: Comments must be received on
or before March 25, 2020.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2020–0059 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7719;
email address 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:
BILLING CODE 6560–50–P
I. What is being addressed in this document?
List of Subjects in 40 CFR Part 52
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ENVIRONMENTAL PROTECTION
AGENCY
Environmental protection, Air
pollution control, Incorporation by
Reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: February 10, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
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SUMMARY:
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10357
II. What SIP revisions are being proposed by
the EPA?
III. What operating permit plan revisions are
being proposed by the EPA?
IV. Have the requirements for approval of a
SIP and the operating permits program
revisions been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is proposing to approve a
submission from the State of Iowa to
revise its SIP and the Operating Permits
Program. On April 18, 2019, the Iowa
Department of Natural Resources (IDNR)
submitted a request to revise the SIP to
incorporate recent changes to Iowa
Administrative Code. The following
three chapters are impacted. Chapter 20,
‘‘Scope of Title—Definitions;’’ Chapter
22, ‘‘Controlling Pollution;’’ and
Chapter 25, ‘‘Measurement of
Emissions’’.
The revisions include updates to the
definition of ‘‘EPA Reference Method’’
and the corresponding procedures for
Federal updates to methods and
procedures for continuous monitoring
systems, correct the mailing address for
IDNR’s Air Quality Bureau, add a
regulatory cross-reference, and require
facilities to submit electronic emissions
inventory information under the state’s
title V permitting program. The specific
changes and EPA analysis are discussed
in more detail below.
Sections 111 and 112 of the Clean Air
Act (CAA) allow the EPA to delegate
authority to states for New Source
Performance Standards (NSPS),
National Emission Standards for
Hazardous Air Pollutants (NESHAPs),
and emission guidelines. The EPA has
delegated authority to Iowa for
approved portions of these sections of
the CAA. Changes made to Iowa’s
Chapter 23 pertaining to new and
revised NSPS, NESHAPs, and emission
guidelines are not directly approved
into the SIP, but rather, are adopted by
reference. Thus, the EPA is not
proposing to approve these changes to
Iowa Administrative Code into the
State’s SIP.
II. What SIP revisions are being
proposed by the EPA?
The EPA is proposing the following
revisions to the Iowa SIP: Chapter 20,
Scope of Title-Definitions: The State
revised the definition of ‘‘EPA reference
method’’ to adopt methods for
continuous monitoring approved by
EPA on August 7, 2017. The update will
ensure that state reference methods are
equivalent to Federal reference
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methods; thus, EPA proposes to approve
this change.
Chapter 22, subrule 22.1(1), Permit
Required: In subrule 22.1(1)c.(1),
Eligibility, the State has added a
reference to rule 567–31.3(455B). The
addition of rule 567–31.3(455B)is a
cross-reference to the rules for
nonattainment areas specified in
Chapter 31. Since there is no impact on
air quality or the stringency of the SIP
as a result of this change, EPA proposes
to approve it.
Chapter 22, subrule 22.1(3),
Construction Permits, subrule 22.3(8),
Ownership change of permitted
equipment, subrule 22.9(3), Duty to selfidentify, subrule 22.300(8), Registration
and reporting, and subrule 22.300(12),
Change of ownership, have been revised
to correct the address for the IDNR’s Air
Quality Bureau. EPA proposes to
approve these changes.
Chapter 25, Measurement of
Emissions: The State revised subrule
25.1(9),’’Methods and Procedures,’’ to
adopt the minimum performance
specificatons and quality assurance
procedures for performance evaluations
of continuous monitoring systems
specified by the EPA in 40 CFR part 60,
appendix B amended through August 7,
2017. The proposed update will ensure
that State reference methods are
equivalent to Federal reference methods
and are no more stringent than Federal
methods; thus, EPA proposes to approve
this change.
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III. What operating permit plan
revisions are being proposed by the
EPA?
The EPA is proposing to approve the
following revisions to Iowa’s Operating
Permits Program (title V) as follows:
Chapter 22, subrule 22.100 (455B): As
discussed above, the definition of ‘‘EPA
reference method’’ has similarly been
revised in definitions for the operating
permits program to adopt the minimum
performance specificatons and quality
assurance procedures for performance
evaluations of continuous monitoring
systems specified by the EPA in 40 CFR
part 60, appendix B amended through
August 7, 2017. Referencing the updated
method will ensure that state methods
are equivalent to Federal reference
methods; thus, EPA proposes to approve
this change.
Chapter 22, subrule 22.105(1), Duty to
apply, subrule 22.128(4), Submission of
copies, subrule 22.300(8), Registration
and reporting; and subrule 22.300(12),
Change of ownership, have been revised
to correct the address for the IDNR’s Air
Quality Bureau. The EPA proposes to
approve these changes.
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As stated in 74 FR 68692 (December
29, 2009), the EPA is not acting on Iowa
Administrative Code 567–22.105(1) that
allows facility owners or operators to
submit an electronic title V operating
permit application until the State
obtains approval from the EPA that its
electronic document receiving system is
consistent with the Cross-Media
Electronic Reporting Rule, 40 CFR part
3. In addition, subrule 22.105(1) ‘‘a’’
subparagraph (9) is not approved.
Chapter 22, subrule 22.106(2),
Emissions inventory and documentation
due dates: This subrule has been
changed to require facilities to
electronically report annual emissions
inventories under Iowa’s approved title
V permitting program. This change is
expected to simplify the emissions
inventory reporting progress. The EPA
approved Iowa’s State and Local
Emissions Inventory System (SLEIS)
pursuant to the Cross-Media Electronic
Reporting Rule, 40 CFR part 3, on
December 9, 2015. 80 FR 76474. The
IDNR offers both in-person and on-line
training to support the change from
paper to electronic reporting in SLEIS.
Since there is no impact to air quality
and this change is consistent with
federal requirements for reporting, the
EPA proposes to approve this change.
IV. Have the requirements for approval
of a SIP and the operating permits
program revisions been met?
The submission met the public notice
requirements for SIP submissions in
accordance with 40 CFR 51.102. The
State held a public comment period
from December 19, 2018 to January 22,
2019, with a public hearing on January
22, 2019. One comment was received,
but it was outside the scope of this
rulemaking. The submission satisfies
the completeness criteria of 40 CFR part
51, appendix V. In addition, these
revisions meet the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations. Finally, the revisions are
also consistent with applicable EPA
requirements of title V of the CAA and
40 CFR part 70.
V. What actions are proposed?
The EPA is proposing to approve
revisions to the Iowa SIP and the
Operating Permits Program. The
proposed revisions update the
definition of ‘‘EPA Reference Method’’
and the corresponding procedures for
Federal updates to methods and
procedures for continuous monitoring
systems, correct the mailing address for
IDNR’s Air Quality Bureau, add a
regulatory cross-reference, and require
facilities to submit electronic emissions
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inventory information under the State’s
title V permitting 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, the EPA is
proposing to include regulatory text in
an EPA final rule that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the Iowa
Regulations described in the proposed
amendments to 40 CFR part 52 set forth
below. The 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).
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.
• 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);
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• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
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).
List of Subjects
Dated: February 13, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA proposes to amend 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:
■
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.
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. In § 52.820, the table in paragraph
(c) is amended by revising the entries
‘‘567–20.2’’, ‘‘567–22.1’’, ‘‘567–22.9’’,
‘‘567–22.300’’ and ‘‘567–25.1’’ to read as
follows:
■
§ 52.820
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State
effective
date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission [567]
Chapter 20—Scope of Title—Definitions
*
567–20.2 ......
*
*
Definitions ..........................
*
*
4/17/2019
*
[Date of publication of the
final rule in the Federal
Register], [Federal
Register citation of the
final rule].
*
*
*
*
The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’ ‘‘odorous substance,’’ ‘‘odorous substance source’’ are
not SIP approved.
*
*
*
*
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Chapter 22—Controlling Pollution
567–22.1 ......
Permits Required for New
or Stationary Sources.
4/17/2019
[Date of publication of the
final rule in the Federal
Register], [Federal
Register citation of the
final rule].
*
567–22.9 ......
*
Special Requirements for
Visibility Protection.
*
4/17/2019
*
[Date of publication of the
final rule in the Federal
Register], [Federal
Register citation of the
final rule].
*
*
*
*
567–22.300 ..
*
Operating Permit by Rule
for Small Sources.
*
4/17/2019
*
[Date of publication of the
final rule in the Federal
Register], [Federal
Register citation of the
final rule].
*
*
*
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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.’’
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Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Proposed Rules
EPA-APPROVED IOWA REGULATIONS—Continued
Iowa citation
State
effective
date
Title
*
*
EPA approval date
*
Explanation
*
*
*
*
*
*
Chapter 25—Measurement of Emissions
567–25.1 ......
Testing and Sampling of
New and Existing Equipment.
*
*
*
4/17/2019
*
*
*
*
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
3. The authority citation for part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
4. Appendix A to part 70 is amended
by adding paragraph (u) under ‘‘Iowa’’
to read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
*
*
*
*
*
Iowa
*
(u) The Iowa Department of Natural
Resources submitted for program approval
revisions to rules 567–22.100, 567–22.105(1),
567–22.106(2), 567–22.128(4), 567–22.300(8),
and 567–22.300(12). The state effective date
is April 17, 2019. The proposed revision
effective date is [date of Regional
Administrator signature of the final rule in
the Federal Register].
*
*
*
*
*
[FR Doc. 2020–03513 Filed 2–21–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2019–0330; FRL–10005–
63–Region 5]
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Air Plan Approval; Illinois;
Redesignation of the Lemont and
Pekin Sulfur Dioxide Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
In accordance with the Clean
Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to
redesignate the Lemont and Pekin sulfur
SUMMARY:
VerDate Sep<11>2014
17:34 Feb 21, 2020
[Date of publication of the
final rule in the Federal
Register], [Federal
Register citation of the
final rule].
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*
*
dioxide (SO2) nonattainment areas from
nonattainment to attainment. EPA is
also proposing to approve Illinois’
maintenance plans for these two areas.
Emissions of SO2 in the areas have been
reduced, and the air quality in the two
areas is currently better than the SO2
national ambient air quality standard
(NAAQS).
Comments must be received on
or before March 25, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2019–0330 at https://
www.regulations.gov, or via email to
Blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Mary Portanova, Environmental
Engineer, Control Strategies Section, Air
DATES:
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Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–5954,
portanova.mary@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background and Redesignation
Requirements
II. Determination of Attainment
a. Lemont
b. Pekin
III. Approval of Illinois’ SIPs
IV. Permanent and Enforceable Emission
Reductions
V. Maintenance Plans
VI. Requirements for the Areas Under Section
110 and Part D
VII. What action is EPA taking?
VIII. Statutory and Executive Order Reviews
I. Background and Redesignation
Requirements
In 2010, EPA established a revised
primary SO2 NAAQS of 75 parts per
billion (ppb) (75 FR 35520, June 22,
2010). EPA designated the Lemont and
Pekin areas as nonattainment for the
2010 SO2 NAAQS on August 5, 2013 (78
FR 47191) based upon air quality
monitoring data for calendar years
2009–2011. The Lemont nonattainment
area is comprised of Lemont Township
in Cook County and Lockport and
DuPage Townships in Will County,
Illinois. The Pekin nonattainment area
is comprised of Hollis Township in
Peoria County and Cincinnati and Pekin
Townships in Tazewell County, Illinois.
On March 2, 2016, Illinois submitted
nonattainment State Implementation
Plans (SIPs) to provide for attainment of
the NAAQS in the Lemont and Pekin
nonattainment areas by the SO2
attainment date of October 4, 2018. The
plans were developed to meet the
additional requirements of sections
172(c) and 191–192 of the CAA. Illinois
supplemented the plans on August 8,
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]]>Agencies
[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Proposed Rules]
[Pages 10357-10360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03513]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2020-0059; FRL-10005-47-Region 7]
Air Plan Approval; Iowa; State Implementation Plan and Operating
Permits Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Iowa State Implementation Plan (SIP) and the
Operating Permits Program. The revisions include updating definitions,
regulatory references, correcting the State's mailing address,
requiring facilities to submit electronic emissions inventory
information under the State's title V permitting program, and updating
references for the most recent federally approved minimum
specifications and quality assurance procedures for performance
evaluations of continuous monitoring systems. These revisions will not
impact air quality and will ensure consistency between the State and
Federally approved rules.
DATES: Comments must be received on or before March 25, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0059 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7719; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. What SIP revisions are being proposed by the EPA?
III. What operating permit plan revisions are being proposed by the
EPA?
IV. Have the requirements for approval of a SIP and the operating
permits program revisions been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is proposing to approve a submission from the State of Iowa
to revise its SIP and the Operating Permits Program. On April 18, 2019,
the Iowa Department of Natural Resources (IDNR) submitted a request to
revise the SIP to incorporate recent changes to Iowa Administrative
Code. The following three chapters are impacted. Chapter 20, ``Scope of
Title--Definitions;'' Chapter 22, ``Controlling Pollution;'' and
Chapter 25, ``Measurement of Emissions''.
The revisions include updates to the definition of ``EPA Reference
Method'' and the corresponding procedures for Federal updates to
methods and procedures for continuous monitoring systems, correct the
mailing address for IDNR's Air Quality Bureau, add a regulatory cross-
reference, and require facilities to submit electronic emissions
inventory information under the state's title V permitting program. The
specific changes and EPA analysis are discussed in more detail below.
Sections 111 and 112 of the Clean Air Act (CAA) allow the EPA to
delegate authority to states for New Source Performance Standards
(NSPS), National Emission Standards for Hazardous Air Pollutants
(NESHAPs), and emission guidelines. The EPA has delegated authority to
Iowa for approved portions of these sections of the CAA. Changes made
to Iowa's Chapter 23 pertaining to new and revised NSPS, NESHAPs, and
emission guidelines are not directly approved into the SIP, but rather,
are adopted by reference. Thus, the EPA is not proposing to approve
these changes to Iowa Administrative Code into the State's SIP.
II. What SIP revisions are being proposed by the EPA?
The EPA is proposing the following revisions to the Iowa SIP:
Chapter 20, Scope of Title-Definitions: The State revised the
definition of ``EPA reference method'' to adopt methods for continuous
monitoring approved by EPA on August 7, 2017. The update will ensure
that state reference methods are equivalent to Federal reference
[[Page 10358]]
methods; thus, EPA proposes to approve this change.
Chapter 22, subrule 22.1(1), Permit Required: In subrule
22.1(1)c.(1), Eligibility, the State has added a reference to rule 567-
31.3(455B). The addition of rule 567-31.3(455B)is a cross-reference to
the rules for nonattainment areas specified in Chapter 31. Since there
is no impact on air quality or the stringency of the SIP as a result of
this change, EPA proposes to approve it.
Chapter 22, subrule 22.1(3), Construction Permits, subrule 22.3(8),
Ownership change of permitted equipment, subrule 22.9(3), Duty to self-
identify, subrule 22.300(8), Registration and reporting, and subrule
22.300(12), Change of ownership, have been revised to correct the
address for the IDNR's Air Quality Bureau. EPA proposes to approve
these changes.
Chapter 25, Measurement of Emissions: The State revised subrule
25.1(9),''Methods and Procedures,'' to adopt the minimum performance
specificatons and quality assurance procedures for performance
evaluations of continuous monitoring systems specified by the EPA in 40
CFR part 60, appendix B amended through August 7, 2017. The proposed
update will ensure that State reference methods are equivalent to
Federal reference methods and are no more stringent than Federal
methods; thus, EPA proposes to approve this change.
III. What operating permit plan revisions are being proposed by the
EPA?
The EPA is proposing to approve the following revisions to Iowa's
Operating Permits Program (title V) as follows:
Chapter 22, subrule 22.100 (455B): As discussed above, the
definition of ``EPA reference method'' has similarly been revised in
definitions for the operating permits program to adopt the minimum
performance specificatons and quality assurance procedures for
performance evaluations of continuous monitoring systems specified by
the EPA in 40 CFR part 60, appendix B amended through August 7, 2017.
Referencing the updated method will ensure that state methods are
equivalent to Federal reference methods; thus, EPA proposes to approve
this change.
Chapter 22, subrule 22.105(1), Duty to apply, subrule 22.128(4),
Submission of copies, subrule 22.300(8), Registration and reporting;
and subrule 22.300(12), Change of ownership, have been revised to
correct the address for the IDNR's Air Quality Bureau. The EPA proposes
to approve these changes.
As stated in 74 FR 68692 (December 29, 2009), the EPA is not acting
on Iowa Administrative Code 567-22.105(1) that allows facility owners
or operators to submit an electronic title V operating permit
application until the State obtains approval from the EPA that its
electronic document receiving system is consistent with the Cross-Media
Electronic Reporting Rule, 40 CFR part 3. In addition, subrule
22.105(1) ``a'' subparagraph (9) is not approved.
Chapter 22, subrule 22.106(2), Emissions inventory and
documentation due dates: This subrule has been changed to require
facilities to electronically report annual emissions inventories under
Iowa's approved title V permitting program. This change is expected to
simplify the emissions inventory reporting progress. The EPA approved
Iowa's State and Local Emissions Inventory System (SLEIS) pursuant to
the Cross-Media Electronic Reporting Rule, 40 CFR part 3, on December
9, 2015. 80 FR 76474. The IDNR offers both in-person and on-line
training to support the change from paper to electronic reporting in
SLEIS. Since there is no impact to air quality and this change is
consistent with federal requirements for reporting, the EPA proposes to
approve this change.
IV. Have the requirements for approval of a SIP and the operating
permits program revisions been met?
The submission met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The State held a public
comment period from December 19, 2018 to January 22, 2019, with a
public hearing on January 22, 2019. One comment was received, but it
was outside the scope of this rulemaking. The submission satisfies the
completeness criteria of 40 CFR part 51, appendix V. In addition, these
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations. Finally, the revisions are
also consistent with applicable EPA requirements of title V of the CAA
and 40 CFR part 70.
V. What actions are proposed?
The EPA is proposing to approve revisions to the Iowa SIP and the
Operating Permits Program. The proposed revisions update the definition
of ``EPA Reference Method'' and the corresponding procedures for
Federal updates to methods and procedures for continuous monitoring
systems, correct the mailing address for IDNR's Air Quality Bureau, add
a regulatory cross-reference, and require facilities to submit
electronic emissions inventory information under the State's title V
permitting 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, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Iowa Regulations described in the proposed
amendments to 40 CFR part 52 set forth below. The 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).
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.
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);
[[Page 10359]]
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian 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).
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: February 13, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR parts 52 and 70 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In Sec. 52.820, the table in paragraph (c) is amended by revising
the entries ``567-20.2'', ``567-22.1'', ``567-22.9'', ``567-22.300''
and ``567-25.1'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
Chapter 20--Scope of Title--Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-20.2............... Definitions........... 4/17/2019 [Date of publication The definitions for
of the final rule in ``anaerobic lagoon,''
the Federal ``odor,'' ``odorous
Register], [Federal substance,'' ``odorous
Register citation of substance source'' are
the final rule]. not SIP approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1............... Permits Required for 4/17/2019 [Date of publication In 22.1(3) the following
New or Stationary of the final rule in sentence regarding
Sources. the Federal electronic submission is
Register], [Federal not SIP approved. The
Register citation of sentence is:
the final rule]. ``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.''
* * * * * * *
567-22.9............... Special Requirements 4/17/2019 [Date of publication ..........................
for Visibility of the final rule in
Protection. the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
567-22.300............. Operating Permit by 4/17/2019 [Date of publication ..........................
Rule for Small of the final rule in
Sources. the Federal
Register], [Federal
Register citation of
the final rule].
[[Page 10360]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1............... Testing and Sampling 4/17/2019 [Date of publication ..........................
of New and Existing of the final rule in
Equipment. the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (u) under
``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(u) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100, 567-22.105(1), 567-
22.106(2), 567-22.128(4), 567-22.300(8), and 567-22.300(12). The
state effective date is April 17, 2019. The proposed revision
effective date is [date of Regional Administrator signature of the
final rule in the Federal Register].
* * * * *
[FR Doc. 2020-03513 Filed 2-21-20; 8:45 am]
BILLING CODE 6560-50-P
