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[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Rules and Regulations]
[Pages 27763-27766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11088]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0165; FRL-9910-67-Region-7]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plan (SIP) for the State of Iowa. 
This action will amend the SIP to include revised permitting 
regulations to allow facilities to construct or modify existing sources 
in areas that are not in attainment with the National Ambient Air 
Quality Standards. The rule revisions incorporate Federal regulation by 
reference. The provisions from previous nonattainment permitting rules 
are being retained and are now relocated to Chapter 31 ``Nonattainment 
Areas''. EPA is also acting to approve the SIP to update the rule 
revisions for the definition of excess emissions and conformity of 
general actions rule.

DATES: This direct final rule will be effective July 14, 2014, without 
further notice, unless EPA receives adverse comment by June 16, 2014. 
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-2014-0165, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: Algoe-eakin.amy@epa.gov.
    3. Mail or Hand Delivery: Amy Algoe-Eakin, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2014-0165. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any

[[Page 27764]]

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 www.regulations.gov or email information that you consider to 
be CBI or otherwise protected. The 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 email comment directly to EPA without 
going through www.regulations.gov, your email 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 
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 www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 to 4:30 
excluding legal 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: Amy Algoe-Eakin, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7942, or by email at 
Algoe-eakin.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    The Iowa Department of Natural Resources requested the SIP be 
amended to include revisions to the following air quality rules: 
Chapter 20, ``Scope of Title-Definitions-Forms-Rules of Practice,'' 
Chapter 22, ``Controlling Pollution,'' Chapter 31, ``Nonattainment 
Areas,'' and Chapter 33, ``Special Regulations and Construction Permit 
Requirements for Major Stationary Sources-Prevention for Significant 
Deterioration of Air Quality.''
    The rule revisions adopt, by reference, regulation from 40 CFR 
51.165 to incorporate review and permitting procedures that allow 
facilities to construct or modify existing sources in areas that are 
not in attainment with the National Ambient Air Quality Standards. The 
modifications were intended to streamline the rules and to make them 
more user-friendly. One of the most significant rule changes is that 
the nonattainment permitting rules are being moved to Chapter 31, 
``Nonattainment areas.'' Iowa previously adopted requirements for 
nonattainment areas in rule 567-22.5(455B), and the provisions of this 
rule are retained as permits issued during previous nonattainment 
declarations remain in effect. The content of rule 567-22.5(455B) is 
rescinded, and the content moved to 31.20. To be clear, the content 
remains unchanged and the state's rules for nonattainment major New 
Source Review are no more or less stringent than the Federal 
regulations when the area was designated as nonattainment. The 
requirements for areas designated nonattainment after May 18, 1998 are 
in rules 567-31.3(455B) to 567-31.9 (455B). In addition, 567-20.1 
updates information about the content of Chapter 22 and 31 and 567-20.2 
which revises the definition of ``excess emissions'' to update the 
references to the nonattainment major NSR and prevention of significant 
deterioration rules. The state is also updating references to the 
conformity of general actions rule. Additional rule revisions are more 
general and administrative in nature. Those revisions include updating 
references and introductory rule language to synchronize with the 
transitioning of rule content; removing references to outdated 
guidance; and updating the list of attainment and unclassifiable areas 
in the state.

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 
revision meets the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is approving revisions to the SIP for the State of Iowa. This 
rulemaking adopts regulations to be consistent with Federal review and 
permitting procedures that allow facilities to construct or modify 
existing sources in areas that are not in attainment with the NAAQS. 
Although incorporated by reference, a new chapter will include all 
nonattainment permitting regulations for the ease of the reader. 
References related to Federal regulations are being updated, including 
references in the definition of excess emission, and conformity of 
general actions rule.

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 Order 
12866 (58 FR 51735, October 4, 1993);
     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

[[Page 27765]]

safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 
1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial 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 14, 2014. 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. 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 proposed 
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 52

    Environmental protection, Air pollution control, Air quality, 
Prevention of significant deterioration, Incorporation by reference, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: April 29, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

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 52.820, the table in paragraph (c) is amended by:
0
a. Revising entries ``567-20.1'', ``567-20.2'', ``567-22.1'',``567-
22.5'', ``567-31.1'', ``567-31.2'', and ``567-33.1''; and
0
b. Adding entries ``567-31.3'', ``567-31.4'', ``567-31.9'', ``567-
31.10'', and ``567-31.20''.
    The revisions and additions to read as follows:

52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                       State
        Citation                   Title          effective date     EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                          Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
----------------------------------------------------------------------------------------------------------------
567-20.1................  Scope of Title........       1/15/2014  5/15/2014 [[insert      This rule is a non-
                                                                   Federal Register page   substantive
                                                                   number where the        description of the
                                                                   document begins]].      Chapters contained in
                                                                                           the Iowa rules. EPA
                                                                                           has not approved all
                                                                                           of the Chapters to
                                                                                           which this rule
                                                                                           refers.
567-20.2................  Definitions...........       1/15/2014  5/15/2014 [insert       The definitions for
                                                                   Federal Register page   anaerobic lagoon,
                                                                   number where the        odor, odorous
                                                                   document begins].       substance, odorous
                                                                                           substance and
                                                                                           greenhouse gas are
                                                                                           not SIP approved.
 
                                                  * * * * * * *
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                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1................  Permits Required for         1/15/2014  5/15/2014 [insert       ......................
                           New or Existing                         Federal Register page
                           Stationary Sources.                     number where the
                                                                   document begins].
 
                                                  * * * * * * *
567-22.5................  Special Requirements         1/15/2014  5/15/2014 [insert       Rescinded and Moved to
                           for Nonattainment                       Federal Register page   567-31.20.
                           Areas.                                  number where the
                                                                   document begins].

[[Page 27766]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
567-31.1................  Permit Requirements          1/15/2014  5/15/2014 [insert       ......................
                           Relating to                             Federal Register page
                           Nonattainment Areas.                    number where the
                                                                   document begins].
567-31.2................  Conformity of General        1/15/2014  5/15/2014 [insert       ......................
                           Federal Actions to                      Federal Register page
                           the Iowa SIP or                         number where the
                           Federal                                 document begins].
                           Implementation Plan.
567-31.3................  Nonattainment new            1/15/2014  5/15/2014 [insert       ......................
                           source review                           Federal Register page
                           requirements for                        number where the
                           areas designated                        document begins].
                           nonattainment on or
                           after May 18, 1998.
567-31.4................  Preconstruction Review       1/15/2014  5/15/2014 [insert       ......................
                           Permit Program.                         Federal Register page
                                                                   number where the
                                                                   document begins].
567-31.9................  Actual PALs...........       1/15/2014  5/15/2014 [insert       ......................
                                                                   Federal Register page
                                                                   number where the
                                                                   document begins].
567-31.10...............  Validity of Rules.....       1/15/2014  5/15/2014 [insert       ......................
                                                                   Federal Register page
                                                                   number where the
                                                                   document begins].
567-31.20...............  Special requirements         1/15/2014  5/15/2014 [insert       ......................
                           for nonattainment                       Federal Register page
                           areas designated                        number where the
                           before May 18, 1998.                    document begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1................  Purpose...............       1/15/2014  5/15/2014 [insert       ......................
                                                                   Federal Register page
                                                                   number where the
                                                                   document begins].
 
                                                  * * * * * * *
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[FR Doc. 2014-11088 Filed 5-14-14; 8:45 am]
BILLING CODE 6560-50-P
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