Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62387 

(c) The EPA is disapproving the Texas 

SIP revision submittals under 30 TAC 

Chapter 101—General Air Quality Rules 

as follows: 

(1) The following provisions under 30 

TAC Chapter 101, Subchapter F— 

Emissions Events and Scheduled 

Maintenance, Startup, and Shutdown 

Activities: 

(i) 30 TAC Section 101.222 

(Demonstrations): Sections 101.222(h), 

101.222(i), and 101.222(j), adopted 

December 14, 2005, and submitted 

January 23, 2006. 

(ii) [Reserved] 

(2) [Reserved] 

(d) The EPA is disapproving the 

following Texas SIP revisions submittals 

under 30 TAC Chapter 116—Control of 

Air Pollution by Permits for New 

Construction and Modification as 

follows: 

(1) The following provisions under 30 

TAC Chapter 116, Subchapter A— 

Definitions: 

(i) Definition of ‘‘actual emissions’’ in 

30 TAC Section 116.10(1), submitted 

March 13, 1996 and repealed and readopted June 17, 1998 and submitted 

July 22, 1998; 

(ii) Definition of ‘‘allowable 

emissions’’ in 30 TAC Section 116.10(2), 

submitted March 13, 1996; repealed and 

re-adopted June 17, 1998 and submitted 

July 22, 1998; and submitted September 

11, 2000. 

(iii) Definition of ‘‘modification of 

existing facility’’ pertaining to oil and 

natural gas processing facilities adopted 

February 14, 1996 and submitted on 

March 13, 1996 at 30 TAC Section 

116.10(11)(G); repealed and re-adopted 

June 17, 1998, submitted July 22, 1998; 

adopted August 21, 2002, and submitted 

September 4, 2002. 

(iv) Definition of ‘‘modification of 

existing facility’’ pertaining to oil and 

natural gas processing facilities adopted 

September 15, 2010, and submitted 

October 5, 2010, as 30 TAC Section 

116.10(9)(F). 

(2) The following provisions under 30 

TAC Chapter 116, Subchapter B—New 

Source Review Permits: 

(i) 30 TAC Section 116.118 submitted 

March 13, 1996 and repealed and readopted June 17, 1998 and submitted 

July 22, 1998. 

(ii) [Reserved] 

(3) The following provision under 30 

TAC Chapter 116, Subchapter K— 

Emergency Orders: 30 TAC Section 

116.1200—Applicability, adopted 

August 16, 1993 and submitted August 

31, 1993 (as 30 TAC Section 116.410); 

revised November 18, 1998 and 

submitted December 10, 1998; revised 

January 11, 2006 and submitted 

February 1, 2006 (as redesignated to 30 

TAC Section 116.1200). 

(e) The EPA is disapproving the 

attainment demonstration for the Dallas/ 

Fort Worth Serious ozone 

nonattainment area under the 1997 

ozone standard submitted January 17, 

2012. The disapproval applies to the 

attainment demonstration, the 

determination for reasonably available 

control measures, and the attainment 

demonstration motor vehicle emission 

budgets for 2012. 

[FR Doc. 2016–21594 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2016–0453; FRL–9951–86– 

Region 7] 

State of Iowa; Approval and 

Promulgation of the Title V Operating 

Permits Program, the State 

Implementation Plan, and 112(l) Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the Iowa 

Title V Operating Permits Program, the 

State Implementation Plan (SIP), and 

the 112(l) plan. The submission revises 

the Title V Operating Permits Program 

to include a new chapter to address fees 

for services by the air quality program. 

Administrative revisions made with this 

rulemaking to the SIP and 112(l) plan 

are associated with the new chapter. 

DATES: This direct final rule will be 

effective November 8, 2016, without 

further notice, unless EPA receives 

adverse comment by October 11, 2016. 

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–2016–0453, to http://

www.regulations.gov. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7039, or by email at 

hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to the EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. What part 70 revision is EPA approving? 

III. What part 52 revision is EPA approving? 

IV. Have the requirements for approval of a 

SIP revision been met? 

V. What action is EPA taking? 

I. What is being addressed in this 

document? 

This direct final action approves 

revisions to the Iowa Title V Operating 

Permits Program, the State 

Implementation Plan (SIP), and the 

112(l) plan. The submission revises the 

Title V Operating Permits Program to 

include a new chapter to address fees 

for services by the air quality program. 

Administrative revisions made with this 

rulemaking to the SIP and 112(l) plan 

are associated with the new chapter. 

Additional information for this 

rulemaking can be found in the 

Technical Support Document located in 

this docket. 

II. What part 70 revision is EPA 

approving? 

The State of Iowa implements an 

operating permits 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)). Due to decreased 

emissions, and therefore, decreased 

Title V emission fees, Iowa analyzed 

program costs and determined that a 

new fee structure was necessary. The 

State increased the fixed dollar amount 

of $56 per ton to $70 per ton as the 

maximum Title V Operating Permit fee 

established on the first 4,000 tons of 


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62388 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 

1 Iowa has requested approval of 567–IAC 

Subrule 30.4(2), ‘‘Payment of Title V annual 

emission fee,’’ as part of its Part 70 Operating 

Permits program. The remainder of Chapter 30 has 

not been submitted to EPA for approval. 2 62 FR 27968 (May 22, 1997). 

actual emissions for each regulated 

pollutant emitted from a source subject 

to the Title V operating permit program. 

The state determined the fee cap in 

order to accommodate greater flexibility 

in setting future Title V fees by 

estimating program expenses associated 

with projected actual emissions for 

fiscal year 2017. The submission 

package demonstrated compliance with 

40 CFR 70.9(c), Fee Demonstration, and 

40 CFR 70.9(d), Use of Required Fee 

Revenue. 

The new fee structure prompted the 

State of Iowa to add a new Chapter to 

the Iowa Administrative Code (IAC), 

567–IAC Chapter 30, ‘‘Fees’’.1

Revisions with regard to fees in the 

Title V Operating Permits Program in 

567–IAC Chapter 22, makes reference to 

567–IAC Chapter 30, ‘‘Fees’’ in the 

following rules: 

• 22.100 ‘‘Definitions for Title V 

Permits’’; 

• 22.101 ‘‘Applicability of Title V 

Operating Permit Requirements’’; 

• 22.103 ‘‘Insignificant Activities’’; 

• 22.105 ‘‘Title V Permit 

Applications’’; 

• 22.106 ‘‘Title V Permit Fees’’; 

• 22.108 ‘‘Permit Content’’. 

Subrule 30.4(2), ‘‘Payment of Title V 

annual emission fee,’’ was added to 

Iowa’s Title V Operating Program, and 

addresses fees required, documentation 

due dates, Phase I acid rain sources, 

exempted stationary sources and 

insignificant activities. 

Details of Iowa’s Title V Operating 

Program revisions can be found in the 

Technical Support Document located in 

this docket. 

III. What part 52 revision is EPA 

approving? 

As previously stated, the new chapter 

in the Iowa Administrative Code that 

addresses the revised fee structure 

initiated administrative revisions to the 

Iowa State Implementation Plan (SIP) 

and 112(l) Plan. 

Revisions in the SIP amends the 

following rules to make reference to 

567–IAC Chapter 30, ‘‘Fees’’ as follows: 

• Chapter 20—Scope of Title— 

Definitions—Forms—Rules of Practice; 

• Chapter 22—Controlling Pollution; 

• Chapter 31—Nonattainment Areas; 

• Chapter 33—Special Regulations 

and Construction Permit Requirements 

for Major Stationary Sources— 

Prevention of Significant Deterioration 

(PSD) of Air Quality. The state’s 112(l) 

plan is revised to include, Chapter 22, 

subrule 22.8(1) that applies to permitby-rule for spray booths. 

Details of Iowa’s SIP and 112(l) 

revisions can be found in the Technical 

Support Document located in this 

docket. 

IV. 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. In addition, as 

explained above and in more detail in 

the technical support document which 

is part of this docket, the revision meets 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

V. What action is EPA taking? 

EPA is approving the request to 

amend the Iowa Title V Operating 

Permits Program, the State 

Implementation Plan and the 112(l) 

plan. 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, 40 CFR part 70, and 40 CFR 

part 52. 

EPA is processing this action as a 

direct final action because the revisions 

make routine changes to the existing 

rules which are noncontroversial. 

Therefore, we do not anticipate any 

adverse comments. 

VI. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the EPA-Approved Iowa 

Regulations described in the direct final 

amendments to 40 CFR part 52 set forth 

below. Therefore, these materials have 

been approved by 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 EPA’s approval, and 

will be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.2

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and at the 

appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

VII. 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 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 


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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62389 

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 November 8, 2016. 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, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: August 24, 2016. 

Mark Hague, 

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 

‘‘567–20.1’’, ‘‘567–22.1’’, ‘‘567–22.4’’, 

‘‘567–22.5’’, ‘‘567–22.8’’, ‘‘567–22.10’’, 

‘‘567–31.1’’, and ‘‘567–33.1’’ to read as 

follows: 

§ 52.820 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IOWA REGULATIONS

Iowa 

citation Title 

State 

effective 

date 

EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

Chapter 20—Scope of Title—Definitions—Forms—Rules of Practice 

567–20.1 ........... Scope of Title ............................................................ 3/15/16 9/9/16, [Insert Federal 

Register citation].

This rule is a non-substantive description of 

the Chapters contained 

in the Iowa rules. EPA 

has not approved all of 

the Chapters to which 

this rule refers. 

* * * * * * * 

Chapter 22–Controlling Pollution 

567–22.1 ........... Permits Required for New or Existing Stationary 

Sources.

3/15/16 9/9/16, [Insert Federal 

Register citation].

None. 

* * * * * * * 

567–22.4 ........... Special Requirements for Major Stationary Sources 

Located in Areas Designated Attainment or Unclassified (PSD).

3/15/16 9/9/16, [Insert Federal 

Register citation].

None. 

567–22.5 ........... Special Requirements for Nonattainment Areas ...... 3/15/16 9/9/16, [Insert Federal 

Register citation].

None. 

567–22.8 ........... Permit by Rule .......................................................... 3/15/16 9/9/16, [Insert Federal 

Register citation].

None. 

* * * * * * * 

567–22.10 ......... Permitting Requirements for Country Grain Elevators, Country Grain Terminal Elevators, Grain 

Terminal Elevators and Feed Mill Equipment.

3/15/16 9/9/16, [Insert Federal 

Register citation].

None. 


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62390 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa 

citation Title 

State 

effective 

date 

EPA approval date Explanation 

*******

Chapter 31—Nonattainment Areas 

567–31.1 ........... Permit Requirements Relating to Nonattainment 

Areas.

3/15/16 9/9/16, [Insert Federal 

Register citation].

None. 

* * * * * * * 

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant 

Deterioration (PSD) of Air Quality 

567–33.1 ........... Purpose ..................................................................... 3/15/16 9/9/16, [Insert Federal 

Register citation].

None. 

* * * * * * * 

* * * * * 

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 (q) under the 

heading ‘‘Iowa’’ to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(q) The Iowa Department of Natural 

Resources submitted for program approval a 

revision to rules 567–22.100, 567–22.101, 

567–22.103, 567–22.105, 567–22.106, 567– 

22.108, and added 567–30.4(2) on March 31, 

2016. The State effective date is March 15, 

2016. This revision to the Iowa program is 

approved effective November 8, 2016. 

* * * * * 

[FR Doc. 2016–21469 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2011–0698; FRL–9951–95– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Redesignation of the Indiana Portion of 

the Louisville Area to Attainment of the 

1997 Annual Standard for Fine 

Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting Indiana’s 

request to redesignate, under the Clean 

Air Act (CAA), the state of Indiana 

portion of the Louisville (KY-IN) 

(Madison Township in Jefferson County 

and Clark and Floyd Counties) 

nonattainment area to attainment of the 

1997 annual standard for fine 

particulate matter (PM2.5). EPA 

determined that the Louisville area has 

attained the 1997 annual standard, and 

proposed on July 11, 2013, with a 

supplemental proposal on June 23, 

2016, to approve Indiana’s request to 

redesignate the area. EPA is taking final 

action today on the proposal and 

supplemental proposal. EPA is also 

taking final action in this rulemaking on 

several related proposals. 

Along with granting the change in the 

area’s designation status, EPA is also 

approving Indiana’s PM2.5 maintenance 

plan for the Louisville area as a revision 

to the Indiana state implementation 

plan (SIP) as meeting the requirements 

of section 175A of the CAA. EPA is 

approving the 2008 emissions inventory 

for primary PM2.5, nitrogen oxides 

(NOX), sulfur dioxide (SO2), volatile 

organic compounds (VOC) and 

ammonia as satisfying the requirement 

of the CAA for a comprehensive, current 

emission inventory. Finally, EPA finds 

adequate and is approving 2015 and 

2025 primary PM2.5 and NOX motor 

vehicle emissions budgets (MVEBs) for 

the Louisville area. These MVEBs will 

be used in future transportation 

conformity analyses for the area. These 

actions were proposed for approval in 

EPA’s initial action on July 11, 2013. 

EPA received no comments in response 

to the above proposals. 

DATES: This final rule is effective on 

September 9, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2011–0698. All 

documents in these dockets are listed on 

the 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. Publicly 

available docket materials are available 

either through www.regulations.gov or 

at the U.S. Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Carolyn Persoon at (312) 

353–8290 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5,77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for the actions? 

II. What actions is EPA taking? 

III. What is EPA’s response to comments? 

IV. Why is EPA taking these actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 


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