[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Rules and Regulations]
[Pages 9106-9107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4144]



[[Page 9106]]

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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.

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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: <a href="/cdn-cgi/l/email-protection#cdaeacbeafb8bfa3e3b9bfacaea8b48da8bdace3aaa2bb"><span class="__cf_email__" data-cfemail="533032203126213d7d27213230362a133623327d343c25">[email protected]</span></a>.
    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 <a href="/cdn-cgi/l/email-protection#294a485a4b5c5b47075d5b484a4c50694c5948074e465f"><span class="__cf_email__" data-cfemail="9cfffdeffee9eef2b2e8eefdfff9e5dcf9ecfdb2fbf3ea">[email protected]</span></a>.

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

[[Page 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.


0
Chapter I, Title 40 of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

0
1. The authority citation for Part 70 continues to read as follows:

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


0
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


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