Air Plan Approval; Iowa; State Implementation Plan and Operating Permits Program, 33023-33026 [2020-09930]
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Rules and Regulations
direct costs on tribal governments or
preempt tribal law.
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 July 31, 2020. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
Dated: May 5, 2020.
Mary Walker,
Regional Administrator, Region 4.
List of Subjects in 40 CFR Part 52
Subpart S—Kentucky
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
33023
Accordingly, 40 CFR part 52 is
amended as follows:
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.
2. Section 52.920(e) is amended by
adding the entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2015
8-Hour Ozone NAAQS’’ at the end of
the table to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2015 8Hour Ozone NAAQS.
*
Kentucky ...........................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2020–0059; FRL–10009–
33–Region 7]
Air Plan Approval; Iowa; State
Implementation Plan and Operating
Permits Program
DATES:
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, regulatory
references, correcting the State’s mailing
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*
6/1/2020, [Insert citation of
publication].
*
*
With
the
exception
of
110(a)(2)(D)(i)(I) (prongs 1 and
2), PSD provisions related to
major sources under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II)
(prong 3), and 110(a)(2)(J),
and air quality modeling under
section 110(a)(2)(K).
This final rule is effective July 1,
The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2020–0059. 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
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
16:09 May 29, 2020
Explanations
2020.
AGENCY:
VerDate Sep<11>2014
*
1/9/2019
EPA approval date
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. Approval of these
revisions will not impact air quality and
will ensure consistency between the
State and Federally approved rules.
[FR Doc. 2020–10062 Filed 5–29–20; 8:45 am]
SUMMARY:
State
submittal date/
effective date
PO 00000
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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, 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.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. The EPA’s Response to Comments
IV. What action is the EPA taking?
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Rules and Regulations
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
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I. What is being addressed in this
document?
The EPA is approving the State of
Iowa’s April 18, 2019, submission to
revise its SIP and the Operating Permits
Program to incorporate recent changes
to Iowa Administrative Code. In this
document, the EPA is approving
revisions to three chapters, including
Chapter 20, ‘‘Scope of Title—
Definitions;’’ Chapter 22, ‘‘Controlling
Pollution;’’ and Chapter 25,
‘‘Measurement of Emissions’’. The
revisions the EPA is approving are to
make the definition of ‘‘EPA reference
method’’ consistent with Federal
reference methods, add a cross-reference
to Iowa’s permitting rules with a state
rule regarding air quality nonattainment
areas, provide the correct address for the
Iowa Department of Natural Resources
Air Quality Bureau, and adopt the
minimum performance specifications
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. A
more detailed discussion of these
revisions is provided in the proposed
approval. (85 FR 10357, February 24,
2020).
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. (74 FR 68692, December 29, 2009). In
addition, subrule 22.105(1)‘‘a’’
subparagraph (9) is not approved.
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
specifically approving these changes to
Iowa Administrative Code into the
State’s SIP.
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16:09 May 29, 2020
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II. Have the requirements for approval
of a SIP revision been met?
The State submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. 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.
III. The EPA’s Response to Comments
The public comment period on the
EPA’s proposed rule opened February
24, 2020, the date of its publication in
the Federal Register and closed on
March 25, 2020. (85 FR 10357, February
24, 2020). During this period, EPA
received one comment which was not
substantive and does not require the
EPA to respond.
IV. What action is the EPA taking?
The EPA is taking final action to
revise the Iowa SIP and Operating
Permits Program to 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.
V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Iowa
Regulations described in the
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
PO 00000
Frm 00048
Fmt 4700
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person identified in the FOR FURTHER
section of this
preamble for more information).
Therefore, these materials have been
approved by the 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 the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.1
INFORMATION CONTACT
VI. 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);
• 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
1 62
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FR 27968, May 22, 1997.
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Rules and Regulations
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 the 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 July 31, 2020. 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 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: May 5, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 70 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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:
■
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
§ 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
*
6/1/2020, [insert Federal
Register citation].
*
*
*
*
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
6/1/2020, [insert Federal
Register citation].
*
567–22.9 ......
*
Special Requirements for
Visibility Protection.
*
4/17/2019
*
6/1/2020, [insert Federal
Register citation].
*
*
*
*
567–22.300 ..
*
Operating Permit by Rule
for Small Sources.
*
4/17/2019
*
6/1/2020, [insert Federal
Register citation].
*
*
*
VerDate Sep<11>2014
16:09 May 29, 2020
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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. 105 / Monday, June 1, 2020 / Rules and Regulations
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 (v) under ‘‘Iowa’’
to read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
*
*
*
*
*
Iowa
*
(v) 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.
This revision is effective May 5, 2020.
*
*
*
*
*
[FR Doc. 2020–09930 Filed 5–29–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2019–0673; FRL–10008–
85-Region 4]
Florida: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final authorization.
AGENCY:
The Environmental Protection
Agency (EPA) is granting Florida final
authorization for changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The Agency published a
Proposed Rule on February 25, 2020,
and provided for public comment. No
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SUMMARY:
VerDate Sep<11>2014
16:09 May 29, 2020
6/1/2020, [insert Federal
Register citation].
Jkt 250001
*
*
comments were received during the
comment period on this Proposed Rule.
No further opportunity for comment
will be provided.
DATES: This final authorization is
effective June 1, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R04–RCRA–2019–0673. 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,
e.g., Confidential Business Information
(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 electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Leah Davis, RCRA Programs and
Cleanup Branch, LCR Division, U.S.
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960;
telephone number: (404) 562–8562; fax
number: (404) 562–9964; email address:
davis.leah@epa.gov.
SUPPLEMENTARY INFORMATION:
A. What changes to Florida’s hazardous
waste program is EPA authorizing with
this action?
Florida submitted a complete program
revision application, dated September
16, 2019, seeking authorization of
changes to its hazardous waste program
in accordance with 40 CFR 271.21. EPA
now makes a final decision that
Florida’s hazardous waste program
revisions that are being authorized are
equivalent to, consistent with, and no
less stringent than the Federal program,
and therefore satisfy all of the
requirements necessary to qualify for
final authorization. For a list of State
rules being authorized with this final
authorization, please see the Proposed
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Fmt 4700
Sfmt 4700
Rule published in the February 25,
2020, Federal Register at 85 FR 10643.
B. What is codification and is EPA
codifying Florida’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
citations and references to the State’s
statutes and regulations that comprise
the State’s authorized hazardous waste
program into the Code of Federal
Regulations. EPA does this by adding
those citations and references to the
authorized State rules in 40 CFR part
272. EPA is not codifying the
authorization of Florida’s revisions at
this time. However, EPA reserves the
ability to amend 40 CFR part 272,
subpart K, for the authorization of
Florida’s program changes at a later
date.
C. Statutory and Executive Order
Reviews
This final authorization revises
Florida’s authorized hazardous waste
management program pursuant to
Section 3006 of RCRA and imposes no
requirements other than those currently
imposed by State law. For further
information on how this authorization
complies with applicable executive
orders and statutory provisions, please
see the Proposed Rule published in the
February 25, 2020, Federal Register at
85 FR 10643. 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 document 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 in the
Federal Register. A major rule cannot
take effect until 60 days after it is
E:\FR\FM\01JNR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Rules and Regulations]
[Pages 33023-33026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09930]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2020-0059; FRL-10009-33-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, 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. Approval of these revisions will not impact air
quality and will ensure consistency between the State and Federally
approved rules.
DATES: This final rule is effective July 1, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0059. 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, 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.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
[[Page 33024]]
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving the State of Iowa's April 18, 2019, submission
to revise its SIP and the Operating Permits Program to incorporate
recent changes to Iowa Administrative Code. In this document, the EPA
is approving revisions to three chapters, including Chapter 20, ``Scope
of Title--Definitions;'' Chapter 22, ``Controlling Pollution;'' and
Chapter 25, ``Measurement of Emissions''. The revisions the EPA is
approving are to make the definition of ``EPA reference method''
consistent with Federal reference methods, add a cross-reference to
Iowa's permitting rules with a state rule regarding air quality
nonattainment areas, provide the correct address for the Iowa
Department of Natural Resources Air Quality Bureau, and adopt the
minimum performance specifications 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.
A more detailed discussion of these revisions is provided in the
proposed approval. (85 FR 10357, February 24, 2020).
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. (74 FR
68692, December 29, 2009). In addition, subrule 22.105(1)``a''
subparagraph (9) is not approved.
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 specifically approving
these changes to Iowa Administrative Code into the State's SIP.
II. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. 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.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened
February 24, 2020, the date of its publication in the Federal Register
and closed on March 25, 2020. (85 FR 10357, February 24, 2020). During
this period, EPA received one comment which was not substantive and
does not require the EPA to respond.
IV. What action is the EPA taking?
The EPA is taking final action to revise the Iowa SIP and Operating
Permits Program to 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.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Iowa Regulations described in the 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).
Therefore, these materials have been approved by the 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 the 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.
---------------------------------------------------------------------------
VI. 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);
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
[[Page 33025]]
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 the 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 July 31, 2020. 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: May 5, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 70 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In Sec. 52.820, the table in paragraph (c) is amended by revising
the entries ``567-20.2'', ``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 6/1/2020, [insert The definitions for
Federal Register ``anaerobic lagoon,''
citation]. ``odor,'' ``odorous
substance,'' ``odorous
substance source'' are
not SIP approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1............... Permits Required for 4/17/2019 6/1/2020, [insert In 22.1(3) the following
New or Stationary Federal Register sentence regarding
Sources. 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.''
* * * * * * *
567-22.9............... Special Requirements 4/17/2019 6/1/2020, [insert ..........................
for Visibility Federal Register
Protection. citation].
* * * * * * *
567-22.300............. Operating Permit by 4/17/2019 6/1/2020, [insert ..........................
Rule for Small Federal Register
Sources. citation].
[[Page 33026]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1............... Testing and Sampling 4/17/2019 6/1/2020, [insert ..........................
of New and Existing Federal Register
Equipment. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70-STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (v) under
``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(v) 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. This revision is
effective May 5, 2020.
* * * * *
[FR Doc. 2020-09930 Filed 5-29-20; 8:45 am]
BILLING CODE 6560-50-P
