9106 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R07–OAR–2009–0860; FRL–9120–2] 

Approval and Promulgation of 

Operating Permits Program; State of 

Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the Iowa 

State Operating Permits Program 

submitted by the State on February 20, 

2009. The purpose of this revision is to 

increase emissions fees for the Title V 

Operating Permits Program. EPA is 

approving this revision pursuant to 

section 502 of the Clean Air Act and 

implementing regulations. 

DATES: This direct final rule will be 

effective April 30, 2010, without further 

notice, unless EPA receives adverse 

comment by March 31, 2010. If EPA 

receives adverse comment, we will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2009–0860, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

2. E-mail: casburn.tracey@epa.gov. 

3. Mail or Hand Delivery: Tracey 

Casburn, Environmental Protection 

Agency, Air Planning and Development 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2009– 

0860. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Tracey Casburn at (913) 551–7016, or by 

e-mail at casburn.tracey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ’’us,’’ or 

‘‘our’’ refer to the EPA. 

Table of Contents 

I. What Is Being Addressed in This 

Document? 

II. What Part 70 Revision Is EPA Approving? 

III. What Action Is EPA Taking? 

IV. Statutory and Executive Order Reviews 

I. What Is Being Addressed in This 

Document? 

The State has revised Chapter 22, 

‘‘Control of Pollution,’’ of the Iowa 

Administrative Code. This revision was 

promulgated by the State’s 

Environmental Protection Commission. 

EPA is approving the revision described 

below for the reasons discussed in this 

document. 

II. What Part 70 Revision Is EPA 

Approving? 

The State implements an operating 

permit program applicable to certain 

sources of air pollution in the state. One 

EPA requirement for a Title V program 

is that the permitting state must 

establish a fee structure sufficient to 

cover the costs of the program (40 CFR 

70.9(b)). The State modified Iowa Rule 

567–22.106(1). This modification 

increases the fixed dollar amount of $29 

per ton to $56 per ton as the maximum 

annual Title V Operating Permit fee 

established on the first 4,000 tons of 

actual emissions of each regulated 

pollutant emitted from a source subject 

to the Title V operating permit program. 

The State analyzed projected program 

costs over a three-year period and 

determined this increase is necessary to 

maintain the State’s current level of 

service. Increases in the costs associated 

with negotiated contracts for staff, 

indirect costs, operating costs of the 

State’s ambient air quality monitoring 

network and projected decreases in 

actual emissions have made this 

revision necessary. The revision is 

consistent with the requirements of 40 

CFR 70.9. The State effective date for 

this revision was February 4, 2009. 

III. What Action Is EPA Taking? 

EPA is approving the request to 

amend the Iowa Operating Permits 

Program. As noted previously in this 

document, the revision is consistent 

with applicable EPA requirements. The 

revision meets the requirements of the 

CAA, and implementing regulations. 

This revision is consistent with 

applicable EPA requirements in Title V 

of the CAA and 40 CFR Part 70. 

EPA is processing this action as a 

direct final action because the revision 

makes a routine change to the existing 

rules which are noncontroversial. 

Therefore, we do not anticipate any 

adverse comments. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9107 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) because it approves a 

state rule implementing a Federal 

standard. 

In reviewing state operating permit 

program submissions, EPA’s role is to 

approve State choices, provided that 

they meet the requirements of the CAA. 

In this context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

state operating permit program 

submission for failure to use VCS. It 

would thus be inconsistent with 

applicable law for EPA, when it reviews 

an operating permit program 

submission, to use VCS in place of an 

operating permit program submission 

that otherwise satisfies the provisions of 

the CAA. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

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 rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 30, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the final 

rulemaking. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: February 16, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

■ Chapter I, Title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 70—[AMENDED] 

■ 1. The authority citation for Part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Appendix A to Part 70 is amended 

by adding paragraph (l) under Iowa to 

read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(l) The Iowa Department of Natural 

Resources submitted for program approval a 

revision to rule 567–22.106(1) on February 

20, 2009. The State effective date was 

February 4, 2009. This revision to the Iowa 

program is approved effective April 30, 2010. 

* * * * * 

[FR Doc. 2010–4144 Filed 2–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2008–0924; FRL–9119–3] 

RIN 2060–AP40 

Regulation of Fuels and Fuel 

Additives: Federal Volatility Control 

Program in the Denver-BoulderGreeley-Ft. Collins-Loveland, CO, 1997 

8-Hour Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action establishes an 

applicable standard of 7.8 pounds per 

square inch (psi) Reid vapor pressure 

(RVP) under the federal volatility 

control program in the Denver-BoulderGreeley-Ft. Collins-Loveland, Colorado, 

1997 8-hour ozone nonattainment area 

during the high ozone season—June 1st 

to September 15th of each year— 

beginning in 2010. This action requires 

the use of 7.8 psi RVP gasoline in 

Adams, Arapahoe, Boulder, Broomfield, 

Denver, Douglas and Jefferson counties, 

and in portions of Larimer, and Weld 

counties. 

DATES: This final rule is effective March 

31, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0924. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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. 

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