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[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44870-44873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18346]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0357; FRL-9931-33-Region 7]

Approval and Promulgation of Air Quality Implementation Plans; 
State of Iowa; Revisions to Linn County Air Quality Ordinance

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. 
The purpose of these revisions is to update the Linn County Air Quality 
Ordinance, Chapter 10. These revisions reflect updates to the Iowa 
statewide rules previously approved by EPA and will ensure consistency 
between the applicable local agency rules and Federally-approved rules.

DATES: This direct final rule will be effective September 28, 2015, 
without further notice, unless EPA receives adverse comment by August 
27, 2015. 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-2015-0357, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: Hamilton.heather@epa.gov.
    3. Mail or Hand Delivery: Heather Hamilton, 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-
2015-0357. 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 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 a.m. to 4:30 
p.m. 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: 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 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?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The State of Iowa has requested EPA approval of revisions to the 
local agency's rules and regulations, Linn County Air Quality 
Ordinance, Chapter 10, as a revision to the SIP. In order for the local 
program's ``Air Quality Ordinance'' to be incorporated into the 
Federally-enforceable SIP, on behalf of the local agency, the state 
must submit the formally adopted regulations and control strategies, 
which are consistent with the state and Federal requirements, to EPA 
for inclusion in the SIP. The regulation adoption process generally 
includes public notice, a public comment period and a public hearing, 
and formal adoption of the rule by the state authorized rulemaking 
body. In this case, that rulemaking body is the local agency. After the 
local agency formally adopts the rule, the local agency submits the 
rulemaking to the

[[Page 44871]]

state, and then the state submits the rulemaking to EPA for 
consideration for formal action (inclusion of the rulemaking into the 
SIP). EPA must provide public notice and seek additional public comment 
regarding the proposed Federal action on the state's submission.
    EPA received the request from the state to adopt revisions to the 
local air agency rules into the SIP on May 4, 2015. The revisions were 
adopted by the local agency on January 28, 2015, and became effective 
on January 30, 2015. EPA is approving the requested revisions to the 
Iowa SIP relating to the following:
     Chapter 10.1 ``Purpose and Ambient Air Quality 
Standards'';
     Chapter 10.2 ``Definitions'';
     Chapter 10.5 ``Locally Required Permits'';
     Chapter 10.6 ``Permit Fees'';
     Chapter 10.8 ``Emissions from Fuel-Burning Equipment'';
     Chapter 10.12 ``Sulfur Compounds'';
     Chapter 10.13 ``Fugitive Dust,'' and,
     Chapter 10.17 ``Testing and Sampling of New and Existing 
Equipment.''

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.

III. What action is EPA taking?

    We are taking direct final action to approve the amendments to the 
Linn County Air Quality Ordinance, Chapter 10. The local agency 
routinely revises its ``Air Quality Ordinance'' regulations to be 
consistent with the Federally-approved Iowa Administrative Code and are 
revised as follows:
    Chapter 10.1, ``Purpose and Ambient Air Quality Standards'' is 
revised to cite the cross reference to state-approved rules at (455B).
    Chapter 10.2, ``Definitions'' is revised to add ``major 
modification,'' ``replacement unit,'' and to revise the definitions of 
``regulated New Source Review (NSR) pollutant,'' ``significant,'' and 
``untreated.'' Punctuation and grammar corrections were made to the 
definitions of ``Emissions Unit,'' ``Responsible Official,'' and 
``Startup.''
    Chapter 10.5, ``Locally Required Permits,'' includes revisions to 
10.5(9), ``Exemptions from the Authorization to Install Permit and 
Permit to Operate Requirements.'' For the purposes of this publication, 
the exemptions are abbreviated but can be found in their entirety in 
the Technical Support Document included in the rulemaking docket: f. 
The equipment in laboratories, n. Asbestos demolition and renovation 
projects, u. Incinerators and pyrolysis cleaning furnaces, dd. 
Production welding, and ee. Electric hand soldering, wave soldering and 
electric solder paste reflow ovens. The following exemptions have been 
added with this rulemaking: mm. Equipment related to research and 
development activities at a stationary source, and, nn. A non-road 
diesel fueled engine as defined in 40 CFR 1068.30 and as amended 
through October 8, 2008.
    Chapter 10.6, ``Permit Fees,'' is revised for administrative 
corrections to the fourth paragraph of item 2. ``Annual Fee for Permit 
to Operate.''
    Chapter 10.8, ``Emissions from Fuel-Burning Equipment,'' ``d'' has 
been removed in its entirety as it refers to the State of Iowa 
Compliance Sampling Manual which is now obsolete.
    Chapter 10.12, ``Sulfur Compounds,'' item 2, ``Other Processes 
Capable of Emitting Sulfur Dioxide'' is revised to add a sentence that 
the paragraph shall not apply to devices which have been installed for 
air pollution abatement purposes where it is demonstrated by the owner 
of the source that the ambient air quality standards are not being 
exceeded.
    Chapter 10.13, ``Fugitive Dust'' item 1, ``Attainment and 
Unclassified Areas,'' is revised to add that a person shall take 
reasonable precautions to prevent particulate matter from becoming 
airborne in quantities sufficient to cause a nuisance as defined in 
Iowa Code section 657.1 when the person allows, causes or permits any 
materials to be handled, transported or stored or a building, its 
appurtenances or a construction haul road to be used, constructed, 
altered, repaired or demolished. This does not apply to farming 
operations or dust generated by ordinary travel on unpaved roads. The 
revision further states what ordinary travel includes, and the public 
highway authority shall be responsible for taking corrective action in 
cases where said authority has received complaints.
    Chapter 10.13, ``Fugitive Dust'' item 2, ``Nonattainment Areas'' is 
revised for administrative changes for clarification.
    Chapter 10.17, ``Testing and Sampling of New and Existing 
Equipment,'' is revised for administrative, grammar, and punctuation 
corrections for clarification as follows: Item 1, ``Continuous 
Monitoring of Opacity from Coal-Fired Steam Generating Units,'' item 5, 
``Maintenance of Records of Continuous Monitors,'' item 6, ``Reporting 
of Continuous Monitoring Information,'' item 7, ``Tests by Owner,'' 
item 8, ``Tests by Department,'' item 9, ``Methods and Procedures,'' 
and item 10, ``Exemptions from Continuous Monitoring Requirements.''
    Chapter 10.17, item 7, ``Tests by Owner'' is also revised to 
clarify when pretest meetings should be conducted and to clarify 
reporting requirements. Item 9, ``Methods and Procedures,'' is revised 
to cite the cross reference to state-approved rules as they apply to 
permit and compliance demonstration requirements.
    As previously mentioned, additional information on the details of 
the Linn County Air Quality Ordinance revisions can be found in the 
Technical Support Document in the docket for this action.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule if adverse comments are received on this direct 
final rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

Statutory and Executive Order Reviews

    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 Iowa 
Regulations for Chapter 10 Linn County Air Quality Ordinance, described 
in the direct final amendments to 40 CFR part 52 set forth below. EPA 
has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).
    Under the Clean Air Act, 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

[[Page 44872]]

the criteria of the Clean Air Act. 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 Clean Air Act; 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 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 28, 2015. 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 in 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.

    Dated: July 17, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, 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 entry for ``Chapter 10'' under the heading ``Linn County'' to read 
as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

[[Page 44873]]

                                          EPA-Approved Iowa Regulations
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                                                          State
         Iowa citation                  Title        effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                                  * * * * * * *
                                                   Linn County
----------------------------------------------------------------------------------------------------------------
Chapter 10.....................  Linn County Air            1/30/15  7/28/15 and         The following
                                  Quality                             [Insert Federal     definitions are not
                                  Ordinance,                          Register            SIP-approved in
                                  Chapter 10.                         citation].          Chapter 10.2;
                                                                                          Anaerobic lagoon,
                                                                                          Biomass, Chemical
                                                                                          processing plants
                                                                                          (ethanol production
                                                                                          facilities that
                                                                                          produce ethanol by
                                                                                          natural fermentation
                                                                                          included in NAICS code
                                                                                          325193 or 312140 are
                                                                                          not included in this
                                                                                          definition); Federally
                                                                                          Enforceable;
                                                                                          Greenhouse gases;
                                                                                          Maximum Achievable
                                                                                          Control Technology
                                                                                          (MACT); MACT floor.
                                                                                          The following sections
                                                                                          are not SIP approved:
                                                                                          10.4(1), Title V
                                                                                          Permits; 10.5(9)``b''
                                                                                          Locally Required
                                                                                          Permits; Exemptions
                                                                                          from the Authorization
                                                                                          to Install Permit to
                                                                                          Operate Requirements;
                                                                                          10.5(9) ``ll'',
                                                                                          Exemption for
                                                                                          production painting,
                                                                                          adhesive or coating
                                                                                          units; 10.8(2)``b''
                                                                                          Emissions From Fuel-
                                                                                          Burning Equipment;
                                                                                          Emission Limitation;
                                                                                          10.8(3) Emissions From
                                                                                          Fuel-Burning
                                                                                          Equipment; Exemptions
                                                                                          for Residential
                                                                                          Heaters Burning Solid
                                                                                          Fuels; 10.8(4)
                                                                                          Emissions from Fuel-
                                                                                          Burning Equipment;
                                                                                          Nuisance Conditions
                                                                                          for Fuel Burning
                                                                                          Equipment; 10.9(2),
                                                                                          NSPS; 10.9(3),
                                                                                          Emission Standards for
                                                                                          HAPs; 10.9(4),
                                                                                          Emission Standards for
                                                                                          HAPs for Source
                                                                                          Categories; 10.10(4)
                                                                                          Variance from rules;
                                                                                          10.11, Emission of
                                                                                          Objectionable Odors;
                                                                                          10.15, Variances,
                                                                                          10.17(13) Continuous
                                                                                          Emissions Monitoring
                                                                                          from Acid Rain
                                                                                          Program, and 10.24,
                                                                                          Penalty.
 
                                                  * * * * * * *
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[FR Doc. 2015-18346 Filed 7-27-15; 8:45 am]
BILLING CODE 6560-50-P
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