10182 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations 

(vi) All emissions monitoring systems 

were kept in operation if at all possible; 

and 

(vii) The owner or operator’s actions 

in response to the excess emissions 

were documented by properly signed, 

contemporaneous operating logs, or 

other relevant evidence. 

[FR Doc. 2010–4542 Filed 3–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–0011; FRL–9122–4] 

Approval and Promulgation of 

Implementation Plans; State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Iowa 

State Implementation Plan (SIP) 

submitted by the State on April 28, 

2009. The purpose of these revisions is 

to update existing air quality rules; 

make corrections, clarifications and 

improvements; and to add information 

with regard to the application of permit 

exemptions. EPA is approving the SIP 

revisions pursuant to section 110 of the 

Clean Air Act. 

DATES: This direct final rule will be 

effective May 4, 2010, without further 

notice, unless EPA receives adverse 

comment by April 5, 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–2010–0011, by one of the 

following methods: 

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

the on-line 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–2010– 

0011. 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 a.m. to 4:30 p.m. 

excluding Federal holidays. 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 revisions 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 of 

the State air pollution control rules 

promulgated by the State’s 

Environmental Protection Commission. 

EPA is approving the revisions 

described below for the reasons 

discussed in this document. 

II. What revisions is EPA approving? 

The State made revisions to Chapter 

22, ‘‘Controlling Pollution,’’ to clarify the 

terms and conditions of permit 

exemptions for certain internal 

combustion engines and spray booths. 

Those revisions are described in this 

document. 

The State added a requirement to 

Iowa Rule 567–22.1(2)‘‘r’’ that the owner 

or operator of an internal combustion 

engine with a brake horsepower of less 

than 400, measured at the shaft, must 

submit a certification to the Iowa 

Department of Natural Resources that 

the engine is in compliance with 

Federal New Source Performance 

Standards listed at 40 CFR Part 60, 

Subpart IIII or Subpart JJJJ and Federal 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPS) 

listed at 40 CFR Part 63, Subpart ZZZZ. 

The State amended Iowa Rule 567– 

22.8(1) to add clarification that the 

facilities, which spray one gallon per 

day or less of sprayed material on a 

facility-wide basis, are exempt from all 

other requirements of Iowa Rule 567–22 

with the exception that the owner or 

operator must adhere to record keeping 

requirements specified in the rule for 

the sprayed material. The revision also 

requires that the owner or operator must 

certify that the facility is in compliance 

with or otherwise exempt from the 

Federal regulations specified in Iowa 

Rule 567–22.8(1)‘‘e’’ (the NESHAPS for 

paint stripping and surface coating at 

area sources, and the NESHAPS for 

metal fabricating and finishing at area 

sources). 

The State added amendments to the 

same rule clarifying that facilities, 

which spray more than one gallon per 

day but never more than three gallons 

per day on a facility-wide basis, are 

exempt from all other requirements of 

Iowa State Rule 567–22 except the 

owner or operator must adhere to 

certification, recordkeeping and 

emissions venting requirements as 

identified in the rule. The State added 

a requirement that the owner or operator 

must certify that the facility is in 

compliance with or otherwise exempt 

from the Federal regulations specified in 

Iowa Rule 567–22.8(1)‘‘e’’ (described 

above). 


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Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations 10183 

The State added language clarifying 

that facilities, which spray more than 

three gallons per day on a facility-wide 

basis, are not eligible to use the permit 

by rule for spray booths and must apply 

for a construction permit as required by 

subrules 567–22.1(1) and 567–22.1(3) 

unless otherwise exempt. 

The State added language explaining 

its requirements for the ‘‘Notification 

Letter.’’ Facilities which claim to be 

permitted by provisions of the rule must 

submit a notification letter, on forms 

provided by the State, certifying that the 

facility meets the following 

requirements: 

(1) All paint booths and associated 

equipment are in compliance with the 

provisions of Iowa Rule 567–22.8(1); 

(2) All paint booths and associated 

equipment are in compliance with all 

applicable requirements, including but 

not limited to, the allowable particulate 

emission rate for painting and surface 

coating operations of 0.01 gr/scf of 

exhaust gas as specified in Iowa Rule 

567–23.4(13); and 

(3) All paint booths and associated 

equipment are in compliance with or 

otherwise exempt from the Federal 

NESHAPS at 40 CFR Part 63, subpart 

HHHHHH. 

This revision also amends the 

numbering system of Iowa Rule 567– 

22.8(1)‘‘e’’ to allow for the addition of 

the requirements of the notification 

letter. 

III. What action is EPA taking? 

EPA is taking final action to approve 

the revisions to the Iowa SIP. The 

revisions submitted pertain to 

corrections, clarifications and 

improvements as listed previously in 

this document. These modifications 

either clarify existing requirements or 

add additional requirements for sources 

to qualify for permit exemptions. 

Therefore, EPA has determined that the 

revisions will not adversely affect the 

air quality in the State of Iowa and will 

not relax the SIP. 

The state submittal has met the public 

notice requirements for SIP submissions 

in accordance with 40 CFR 51.102. The 

submittal also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. The revisions meet the 

substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

EPA is processing this action as a 

direct final action because the revisions 

make changes to the existing rules 

which are noncontroversial. Therefore, 

we do not anticipate any adverse 

comments. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. 

IV. Statutory and Executive Order 

Reviews 

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 

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 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 

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). 

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 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 May 4, 2010. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 23, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

■ 40 CFR part 52 is amended as follows: 


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10184 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations 

PART 52—[AMENDED] 

■ 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(c) the table is amended 

by revising the entries for 567–22.1 and 

567–22.8 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 22—Controlling Pollution 

567–22.1 ................... Permits required for New or Existing Stationary Sources.3/18/09 3/5/10 [insert FR page number where the 

document begins].

* * * * * * * 

567–22.8 ................... Permits By Rule ........................................... 3/18/09 3/5/10 [insert FR page number where the 

document begins].

.

* * * * * * * 

* * * * * 

[FR Doc. 2010–4548 Filed 3–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0053; FRL–9122–9] 

RIN 2060–AN47 

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Paints and Allied 

Products Manufacturing—Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: This action clarifies 

regulatory text of the ‘‘Revision of 

Source Category List for Standards 

Under Section 112(k) of the Clean Air 

Act; National Emission Standards for 

Hazardous Air Pollutants: Paints and 

Allied Products Manufacturing Area 

Source Standards’’ which was issued as 

a final rule on December 3, 2009. These 

technical corrections will not change 

the level of health protection the final 

rule provides or the standards and other 

requirements established by the rule. 

DATES: Effective Date: March 5, 2010 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0053. All 

documents in the docket are listed in 

the Federal Docket Management System 

index at www.regulations.gov. Although 

listed in the index, some information is 

not publicly available (e.g., confidential 

business information (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 through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Payne, Regulatory Development 

and Policy Analysis Group, Office of Air 

Quality Planning and Standards (C404– 

05), Environmental Protection Agency, 

Research Triangle Park, NC 27711. 

Telephone number: (919) 541–3609; fax 

number: (919) 541–0242; e-mail 

address: payne.melissa@epa.gov. 

SUPPLEMENTARY INFORMATION: Regulated 

Entities. The regulated categories and 

entities potentially affected by the final 

rule include: 

Category NAICS code 1 Examples of regulated entities 

Paint & Coating Manufacturing ................................................... 325510 Area source facilities engaged in mixing pigments, solvents, 

and binders into paints and other coatings, such as stains, 

varnishes, lacquers, enamels, shellacs, and water repellant 

coatings for concrete and masonry. 

Adhesive Manufacturing ............................................................. 325520 Area source facilities primarily engaged in manufacturing adhesives, glues, and caulking compounds. 

Printing Ink Manufacturing .......................................................... 325910 Area source facilities primarily engaged in manufacturing printing inkjet inks and inkjet cartridges. 

All Other Miscellaneous Chemical Product and Preparation 

Manufacturing.

325998 Area source facilities primarily engaged in manufacturing indelible ink, India ink, writing ink, and stamp pad ink. 

1 North American Industry Classification System. 


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