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[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62387-62390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21469]

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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.

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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/commenting-epa-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

[[Page 62388]]

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\
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    \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.
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    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 permit-by-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).
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    \2\ 62 FR 27968 (May 22, 1997).
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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

[[Page 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

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 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:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                           State
      Iowa citation                  Title            effective date    EPA approval date        Explanation
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                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                        Chapter 20--Scope of Title--Definitions--Forms--Rules of Practice
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567-20.1.................  Scope of Title...........         3/15/16  9/9/16, [Insert       This rule is a non-
                                                                       Federal Register      substantive
                                                                       citation].            description of the
                                                                                             Chapters contained
                                                                                             in the Iowa rules.
                                                                                             EPA has not
                                                                                             approved all of the
                                                                                             Chapters to which
                                                                                             this rule refers.
 
                                                  * * * * * * *
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                                        Chapter 22-Controlling Pollution
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567-22.1.................  Permits Required for New          3/15/16  9/9/16, [Insert       None.
                            or Existing Stationary                     Federal Register
                            Sources.                                   citation].
 
                                                  * * * * * * *
567-22.4.................  Special Requirements for          3/15/16  9/9/16, [Insert       None.
                            Major Stationary Sources                   Federal Register
                            Located in Areas                           citation].
                            Designated Attainment or
                            Unclassified (PSD).
567-22.5.................  Special Requirements for          3/15/16  9/9/16, [Insert       None.
                            Nonattainment Areas.                       Federal Register
                                                                       citation].
567-22.8.................  Permit by Rule...........         3/15/16  9/9/16, [Insert       None.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
567-22.10................  Permitting Requirements           3/15/16  9/9/16, [Insert       None.
                            for Country Grain                          Federal Register
                            Elevators, Country Grain                   citation].
                            Terminal Elevators,
                            Grain Terminal Elevators
                            and Feed Mill Equipment.
 

[[Page 62390]]

 
                                                  * * * * * * *
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                                         Chapter 31--Nonattainment Areas
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567-31.1.................  Permit Requirements               3/15/16  9/9/16, [Insert       None.
                            Relating to                                Federal Register
                            Nonattainment Areas.                       citation].
 
                                                  * * * * * * *
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Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
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567-33.1.................  Purpose..................         3/15/16  9/9/16, [Insert       None.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
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PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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

0
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.
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[FR Doc. 2016-21469 Filed 9-8-16; 8:45 am]
BILLING CODE 6560-50-P
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