ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R07-OAR-2010-0156 ; FRL ] 

Approval and Promulgation of Implementation Plans ; State of Iowa 

AGENCY : Environmental Protection Agency (EPA) . 

ACTION : Direct final rule . 

SUMMARY : The EPA is approving a revision to the Iowa State 

Implementation Plan (SIP) . The purpose of this revision is to 

update the Polk County Board of Health Rules and Regulations, 

Chapter V, Air Pollution . 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 . This rulemaking also ensures Federal 

enforceability of the applicable parts of the local agency's 

"Air Pollution" rules . 

DATES : This direct final rule will be effective [insert date 60 

days from date of publication in the Federal Register ], without 

further notice, unless EPA receives adverse comment by [ insert 

date 30 days from date of publication in the Federal Register ] . 

If adverse comment is received, EPA 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-2010-0156, by one of the following methods : 
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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 . EPAR07-OAR-2010-0156 . 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 .r egulations .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 email information 

protected . 

"anonymous 

that you consider to be CBI or otherwise 

The http ://www .regulations .gov website is an 

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 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 
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information in the,body of your comment and with any disk or CDROM 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 electronic docket are listed 

in the http ://www .requlations .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, is not 

placed on the Internet and 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 :00 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 casbiurn .tracey@epa .gov . 

SUPPLEMENTARY INFORMATION : Throughout this document "we," `'us," 
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or "our" refer to EPA . This section provides additional 

information by addressing the following questions : 

I . What is being addressed in this document? 

II . What revisions is EPA approving? 

III . What action is EPA taking? 

IV . What action,is EPA not taking? 

V . Statutory and Executive Order Reviews . 

I . What is being addressed in this document? 

The State requested EPA approval of the 2009 revisions to 

the local agency's Rules and Regulations, Chapter V, "Air 

Pollution," as a revision to the SIP . In order for the local 

program's "Air Pollution" rules 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 State and Federal 

requirements, to EPA for inclusion in the SIP . The regulation 

adoption process generally includes public notice of 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 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 
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and seek additional public comment regarding the proposed 

Federal action on the State's submission . 

EPA received the request from the State to adopt the 2009 

local air agency rule revisions into the SIP on September 14, 

2009 . The revisions were adopted by the local agency on July 

28, 2009, and were effective August 6, 2009 . EPA is approving 

the requested revisions to the Iowa SIP . The State's request 

specifically excluded Article VI, subsections 5-16 (n), (o), 

(p), and Article VIII from consideration by EPA . 

II . What revisions is EPA approving? 

EPA is approving the 2009 revisions to the Polk County 

Board of Health Rules and Regulations, Chapter V, "Air 

Pollution ." The local agency routinely revises its "Air 

Pollution" regulations to be consistent with the Federallyapproved Iowa Administrative Code . The local agency's "Air 

Pollution" rules were revised as follows : 

Article I, section 5-1 was revised to include cross 

references to approved State rules . Section 5-2 of the same 

Article was revised to include amended definitions of "Allowable 

emissions," "EPA reference method," "Disaster," "Mobile Internal 

Combustion Engine," and "Volatile Organic Compounds" (VOCs) . 

These revisions are consistent with State and Federal 

regulations . 

Article II, section 5-4 was revised to include a cross 
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reference to the existing State rule, 567 IAC 23 .1(2) which 

outlines New Source Performance Standard data reporting 

requirements and responsibilities . This revision is consistent 

with State and Federal regulations . 

Article III, section 5-7 was amended to include revisions 

to "Open Burning" regulations . The revisions include the 

addition of a cross reference to the existing State rules in 567 

IAC Chapter 23 explaining that the burning of any structure or 

demolished structure shall be in accordance with 40 CFR 61 .145, 

the National Emission Standards for Hazardous Air Pollutants 

(NESHAPs) "Standard for Demolition and Renovation" for asbestos 

control . This revision is consistent with State and Federal 

regulations . 

Article IV, section 5-10 was revised to include a cross 

reference to the existing State rule at 567 IAC 29 .1, the 

Federal method for visual determination of opacity of emissions . 

This revision is consistent with State and Federal regulations . 

Article VII, subsections 5-18 (a)(3), 5-18(b)(5)(i) and 5-

18(b)(7) are revised to include cross references to existing 

State rules in 567 IAC Chapter 25 . A revision to 5-18(b)(7) 

also includes the adoption date of the most recent Federally 

promulgated Acid Rain continuous emissions monitoring 

requirements . These revisions are consistent with State and 

Federal regulations . 
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Article IX, subsections 5-23(1), 5-23(2), and 5-23(3) were 

revised to include methods for the containment and control of 

fugitive dust, and subsections 5-23(7) and 5-23(8) were added to 

include methods for the containment and control of fugitive 

dust . Changes to Section 5-25 clarify that no person shall 

cause, allow, or permit fugitive dust material to become 

airborne in such quantities and concentrations that it remains 

visible in the ambient air, or is deposited beyond the lot line 

of the property on which it originates . These revisions are 

consistent with State regulations and Federal requirements . The 

local agency also added language to subsection 5-26(1) which 

explains activities that are considered by the local agency as 

"ordinary travel", which is exempted from the fugitive dust 

restrictions . This is a clarification of the exemption and does 

not affect the stringency of the restriction . 

Article X, section 5-33, and subsections 5-33(9) and 5-

39(a)(4) were revised to include cross references to approved 

State and Federal regulations . Subsections 5-33(17) and 5-

39(a)(11) were revised to include a construction and operating 

permit exemption threshold for retail gasoline and diesel fuel 

handling facilities . The local agency revised the exemption to 

include only those facilities with a throughput of less than 

10,000 gallons per month (based on thirty-day rolling average 

usage records) . The local agency retained the right to review 
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project plans to substantiate the permit exemption to determine 

that individual sources qualify for the exemption and would not 

adversely impact air quality . The local agency made this 

revision as it is more stringent than the existing SIP-approved 

exemption and is aligned with 40 CFR Part 63 subpart CCCCCC . 

The Iowa Administrative Code currently does not provide for 

exemptions for retail gasoline stations of any size so that all 

sources in the source category in Polk County remain subject to 

the state permitting rule . In any event, the revision addressed 

in this rulemaking in the county rule makes the exemption more 

stringent, and is therefore approvable . 

Also in Article X, subsections 5-33(55) and 5-39(a)(48) 

were revised to add a construction and operating permit 

exemption for cold solvent cleaning machines that are not inline cleaning machines . Subsections 5-33(56) and 5-39(a)(49) 

were revised to add a construction and operating permit 

exemption for emissions from mobile agricultural and 

construction internal combustion engines that are operated only 

for repair or maintenance purposes at equipment repair shops or 

equipment dealerships . Subsection 5-35(d) was revised to reduce 

the amount of time the owner or operator has to notify the local 

program prior to the movement of portable equipment for which an 

operating permit has been issued . The notification time was 

reduced from 30 to 14 days . Subsections 5-36(1)(a) and 5- 
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36(1)(a)(1) were revised to clarify what the owner or operators' 

responsibilities are when applying for a conditional operating 

permit . These revisions are consistent with SIP-approved State 

regulations . 

Section 5-49 was added to Article X to allow for electric 

utilities in Polk County to operate generators at a utility 

substation, with a total combined capacity not to exceed 2 

megawatts in capacity, for a period of not longer than 10 days 

and only for the purpose of providing electricity generation in 

the event of a sudden and unforeseen disaster that has disabled 

standard transmission of electricity to the public . EPA 

previously approved this allowance in a statewide rule after EPA 

determined that this allowance would result in insignificant 

emissions increases . We believe the Polk County revision is 

also approvable . 

III . What action is EPA taking? 

EPA is approving these revisions to the Polk County Board 

of Health Rules and Regulations, Chapter V, Air Pollution . 

These changes are consistent with the Federally-approved Iowa 

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 
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requirements of the Clean Air Act (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 . What action is EPA not taking? 

The State requested that EPA take action to approve the 

local agency's revisions to Article XVI section 5-75 . Section 

5-75 outlines the local agency's enforcement of criminal and 

civil penalties . As EPA does not rely on the local agency's 

authority, but relies on its own authority, to implement and 

enforce the requirements of the CAA, EPA is not taking action on 

the requested revisions to Article XVI section 5-75 . 

V. 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 
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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 (Public Law 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) ; 
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" 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 
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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 [FEDERAL REGISTER 

OFFICE : insert date 60 days from date of publication of this 

document in the Federal Register ] . 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 . 

(2) .) 

(See section 307(b) 
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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: 

Regional Administrator, 

Region 7 . 

June 18, 2010 . Karl Brooks, 

r 

G ~(S- ~r() 
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40 CFR part 52 is amended as follows : 

PART 52 - [AMENDED] 

l . 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 entry for "Chapter V" under the heading "Polk 

County" to read as follows : 

52 .820 Identification of plan . . 

(c) 

EPA-Approved Iowa Regulations 

State 

Iowa effective EPA approval 

citation Title date date Explanation 

Iowa Department of Natural Resources, Environmental Protection Commission 

[567] 

Polk County 

CHAPTER V P lk C t 08/06/09 [ insert-date Article I, Section 

o oun y of FR 5-2, definition of Board of Health 

Rules and publication] "variance" ; Article 

Regulations Air [ insert FR VI, Sections 5- 

Pollution page number 16(n), (o) and (p) ; 

Chapter V . where the Article VIII ; 

document Article IX, 

begins ] Sections 5-27(3) 

and (4) ; Article X, 

Section 5-28, 

subsections (a) 

through (c) ; 

Article XIII and 

Article XVI, 

Section 5-75 are 

not a part of the 

SIP . , 

* * * * *