Air Plan Approval; Iowa; State Implementation Plan and State Operating Permits Program, 55297-55299 [2022-19327]
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<![CDATA[
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2022–0483; FRL–9913–02–
R7]
Air Plan Approval; Iowa; State
Implementation Plan and State
Operating Permits Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the State
Implementation Plan (SIP) and
Operating Permit Program for the State
of Iowa. This final action will amend
the SIP to update incorporations by
reference to EPA methods for measuring
air pollutant emissions, performance
testing (stack testing) and continuous
monitoring. These revisions do not
impact the stringency of the SIP or have
an adverse effect on air quality. The
EPA’s approval of this rule revision is
being done in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
November 8, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2022–0483. 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:
Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7905;
email address: olson.bethany@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
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DATES:
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
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I. What is being addressed in this
document?
The EPA is approving revisions to the
Iowa SIP and the Operating Permits
Program received on October 20, 2021.
The revisions update incorporations by
reference to EPA methods for measuring
air pollutant emissions, performance
testing (stack testing) and continuous
monitoring. The revisions update the
definitions of ‘‘EPA Reference Method’’
in Iowa Administrative Code Chapter
20, Subrule 20.2, ‘‘Scope of Title—
Definitions;’’ Chapter 22, Subrule
22.100(455B), ‘‘Controlling Pollution;’’
and Chapter 25, Subrule 25.1(9),
‘‘Measurement of Emissions.’’ As
explained in detail in the EPA’s
proposed rule, EPA finds these revisions
meet the requirements of the Clean Air
Act, do not impact the stringency of the
SIP, and do not adversely impact air
quality (87 FR 36346, June 17, 2022).
The full text of these changes can be
found in the State’s submission, which
is included in the docket for this action.
Sections 111 and 112 of the Clean Air
Act (CAA) allow EPA to delegate
authority to states for New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAPs).
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 and NESHAPs are not
directly approved into the SIP, but
rather, are adopted by reference. Thus,
EPA is not approving the changes to
Chapter 23 of the Iowa Administrative
Code into the state’s SIP.
II. Have the requirements for approval
of a SIP revision been met?
The State’s 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 provided
public notice on this SIP revision from
June 16, 2021, to July 19, 2021, and held
a public hearing on July 19, 2021. No
public comments were received. In
addition, as explained above, the
revision meets 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.
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55297
III. What action is the EPA taking?
The EPA accepted public comment on
the proposed rule from June 17, 2022, to
July 18, 2022, and received no
comments. Therefore, the EPA is
finalizing its proposal to approve
revisions to the Iowa SIP and the
Operating Permits Program at IAC 567–
20.2, 567–22.100 and 567–25.1.
IV. 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
rules 567–20.2, 567–22.100 and 567–
25.1 discussed in Section I of this
preamble and set forth below in the
amendments to 40 CFR part 52. 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
V. Statutory and Executive Order
Reviews
Under the Clean Air Act CAA, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
1 62
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FR 27968, May 22, 1997.
09SER1
55298
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
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 the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; 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).
• This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
• Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 8, 2022. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, 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: September 1, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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’’ 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 ..........
*
*
*
10/13/2021
*
*
*
Definitions
*
*
*
9/9/2022, [insert Federal
Register citation].
*
*
The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’
‘‘odorous substance,’’
‘‘odorous substance
source’’ are not SIP approved.
*
*
Chapter 25—Measurement of Emissions
567–25.1 ..........
Testing and Sampling of New and Existing Equipment
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*
*
*
*
*
*
10/13/2021
*
*
9/9/2022, [insert Federal
Register citation].
*
*
PART 70—STATE OPERATING PERMIT
PROGRAMS
3. The authority citation for part 70
continues to read as follows:
■
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*
*
Authority: 42 U.S.C. 7401, et seq.
4. Appendix A to part 70 is amended
by adding paragraph (x) under ‘‘Iowa’’
to read as follows:
■
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
Iowa
*
(x) The Iowa Department of Natural
Resources submitted for program approval
revisions to rules 567–22.100. The state
effective date for 567–22.100 is October 13,
2021. This revision is effective November 8,
2022.
*
*
*
*
*
[FR Doc. 2022–19327 Filed 9–8–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–OLEM–2021–0455 and 0463,
OLEM–2022–0190, 0192, and 0193; FRL–
10159–01–OLEM]
National Priorities List
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980
(‘‘CERCLA’’ or ‘‘the Act’’), as amended,
requires that the National Oil and
Hazardous Substances Pollution
Contingency Plan (‘‘NCP’’) include a list
of national priorities among the known
releases or threatened releases of
hazardous substances, pollutants or
contaminants throughout the United
States. The National Priorities List
(‘‘NPL’’) constitutes this list. The NPL is
intended primarily to guide the
Environmental Protection Agency (‘‘the
EPA’’ or ‘‘the agency’’) in determining
which sites warrant further
investigation. These further
investigations will allow the EPA to
assess the nature and extent of public
health and environmental risks
associated with the site and to
determine what CERCLA-financed
remedial action(s), if any, may be
appropriate. This rule adds five sites to
the General Superfund section of the
NPL.
DATES: This rule is effective on October
11, 2022.
ADDRESSES: Contact information for the
EPA Headquarters:
• Docket Coordinator, Headquarters;
U.S. Environmental Protection Agency;
CERCLA Docket Office; 1301
Constitution Avenue NW; William
Jefferson Clinton Building West, Room
3334, Washington, DC 20004, (202) 566–
0276.
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SUMMARY:
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Terry Jeng, phone: (202) 566–1048,
email: jeng.terry@epa.gov, Site
Assessment and Remedy Decisions
Branch, Assessment and Remediation
Division, Office of Superfund
Remediation and Technology
Innovation (Mail code 5204T), U.S.
Environmental Protection Agency; 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
The contact information for the
regional dockets is as follows:
• Holly Inglis, Region 1 (CT, ME, MA,
NH, RI, VT), U.S. EPA, Superfund
Records and Information Center, 5 Post
Office Square, Suite 100, Boston, MA
02109–3912; (617) 918–1413.
• James Desir, Region 2 (NJ, NY, PR,
VI), U.S. EPA, 290 Broadway, New
York, NY 10007–1866; (212) 637–4342.
• Lorie Baker, Region 3 (DE, DC, MD,
PA, VA, WV), U.S. EPA, 4 Penn Center,
1600 John F. Kennedy Boulevard,
Mailcode 3SD12, Philadelphia, PA
19103 (215) 814–3355.
• Sandra Bramble, Region 4 (AL, FL,
GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street SW, Mailcode 9T25,
Atlanta, GA 30303; (404) 562–8926.
• Todd Quesada, Region 5 (IL, IN, MI,
MN, OH, WI), U.S. EPA Superfund
Division Librarian/SFD Records
Manager SRC–7J, Metcalfe Federal
Building, 77 West Jackson Boulevard,
Chicago, IL 60604; (312) 886–4465.
• Michelle Delgado-Brown, Region 6
(AR, LA, NM, OK, TX), U.S. EPA, 1201
Elm Street, Suite 500, Mailcode SED,
Dallas, TX 75270; (214) 665–3154.
• Kumud Pyakuryal, Region 7 (IA,
KS, MO, NE), U.S. EPA, 11201 Renner
Blvd., Mailcode SUPRSTAR, Lenexa, KS
66219; (913) 551–7956.
• David Fronczak, Region 8 (CO, MT,
ND, SD, UT, WY), U.S. EPA, 1595
Wynkoop Street, Mailcode 8SEM–EM–
P, Denver, CO 80202–1129; (303) 312–
6096.
• Eugenia Chow, Region 9 (AZ, CA,
HI, NV, AS, GU, MP), U.S. EPA, 75
Hawthorne Street, Mailcode SFD 6–1,
San Francisco, CA 94105; (415) 972–
3160.
• Ken Marcy, Region 10 (AK, ID, OR,
WA), U.S. EPA, 288 Martin Street, Suite
309, Blaine, WA 98230; (360) 366–8868.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. What are CERCLA and SARA?
B. What is the NCP?
C. What is the National Priorities List
(NPL)?
D. How are sites listed on the NPL?
E. What happens to sites on the NPL?
F. Does the NPL define the boundaries of
sites?
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55299
G. How are sites removed from the NPL?
H. May the EPA delete portions of sites
from the NPL as they are cleaned up?
I. What is the Construction Completion List
(CCL)?
J. What is the Sitewide Ready for
Anticipated Use measure?
K. What is state/tribal correspondence
concerning NPL Listing?
II. Availability of Information to the Public
A. May I review the documents relevant to
this final rule?
B. What documents are available for review
at the EPA Headquarters docket?
C. What documents are available for review
at the EPA regional dockets?
D. How do I access the documents?
E. How may I obtain a current list of NPL
sites?
III. Contents of This Final Rule
A. Additions to the NPL
B. What did the EPA do with the public
comments it received?
C. Correction of Site Name Spelling Error
in Appendix B
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Executive Order 13771: Reducing
Regulation and Controlling Regulatory
Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act
(UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
J. National Technology Transfer and
Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
L. Congressional Review Act
I. Background
A. What are CERCLA and SARA?
In 1980, Congress enacted the
Comprehensive Environmental
Response, Compensation, and Liability
Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or
‘‘the Act’’), in response to the dangers of
uncontrolled releases or threatened
releases of hazardous substances, and
releases or substantial threats of releases
into the environment of any pollutant or
contaminant that may present an
imminent or substantial danger to the
public health or welfare. CERCLA was
amended on October 17, 1986, by the
Superfund Amendments and
Reauthorization Act (‘‘SARA’’), Public
Law 99–499, 100 Stat. 1613 et seq.
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]]>Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Rules and Regulations]
[Pages 55297-55299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19327]
[[Page 55297]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2022-0483; FRL-9913-02-R7]
Air Plan Approval; Iowa; State Implementation Plan and State
Operating Permits Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP) and
Operating Permit Program for the State of Iowa. This final action will
amend the SIP to update incorporations by reference to EPA methods for
measuring air pollutant emissions, performance testing (stack testing)
and continuous monitoring. These revisions do not impact the stringency
of the SIP or have an adverse effect on air quality. The EPA's approval
of this rule revision is being done in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This final rule is effective on November 8, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0483. 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: Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7905; 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. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving revisions to the Iowa SIP and the Operating
Permits Program received on October 20, 2021. The revisions update
incorporations by reference to EPA methods for measuring air pollutant
emissions, performance testing (stack testing) and continuous
monitoring. The revisions update the definitions of ``EPA Reference
Method'' in Iowa Administrative Code Chapter 20, Subrule 20.2, ``Scope
of Title--Definitions;'' Chapter 22, Subrule 22.100(455B),
``Controlling Pollution;'' and Chapter 25, Subrule 25.1(9),
``Measurement of Emissions.'' As explained in detail in the EPA's
proposed rule, EPA finds these revisions meet the requirements of the
Clean Air Act, do not impact the stringency of the SIP, and do not
adversely impact air quality (87 FR 36346, June 17, 2022). The full
text of these changes can be found in the State's submission, which is
included in the docket for this action.
Sections 111 and 112 of the Clean Air Act (CAA) allow EPA to
delegate authority to states for New Source Performance Standards
(NSPS) and National Emission Standards for Hazardous Air Pollutants
(NESHAPs). 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 and NESHAPs are not directly approved into the
SIP, but rather, are adopted by reference. Thus, EPA is not approving
the changes to Chapter 23 of the Iowa Administrative Code into the
state's SIP.
II. Have the requirements for approval of a SIP revision been met?
The State's 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 provided public notice on this SIP revision from June 16, 2021,
to July 19, 2021, and held a public hearing on July 19, 2021. No public
comments were received. In addition, as explained above, the revision
meets 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. What action is the EPA taking?
The EPA accepted public comment on the proposed rule from June 17,
2022, to July 18, 2022, and received no comments. Therefore, the EPA is
finalizing its proposal to approve revisions to the Iowa SIP and the
Operating Permits Program at IAC 567-20.2, 567-22.100 and 567-25.1.
IV. 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 rules 567-20.2, 567-22.100 and 567-25.1 discussed in Section I of
this preamble and set forth below in the amendments to 40 CFR part 52.
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.
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act CAA, the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a
[[Page 55298]]
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
This action is subject to the Congressional Review Act,
and the EPA will submit a rule report to each House of the Congress and
to the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by November 8, 2022. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, 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: September 1, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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'' and ``567-25.1'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State effective
Iowa citation Title date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
Chapter 20--Scope of Title--Definitions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-20.2............... Definitions 10/13/2021 9/9/2022, [insert The definitions
Federal Register for ``anaerobic
citation]. lagoon,''
``odor,''
``odorous
substance,''
``odorous
substance
source'' are not
SIP approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1............... Testing and Sampling of New 10/13/2021 9/9/2022, [insert
and Existing Equipment Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (x) under
``Iowa'' to read as follows:
[[Page 55299]]
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(x) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100. The state effective
date for 567-22.100 is October 13, 2021. This revision is effective
November 8, 2022.
* * * * *
[FR Doc. 2022-19327 Filed 9-8-22; 8:45 am]
BILLING CODE 6560-50-P
