14402 Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 

ZIP Code 999; HI = Hawaii 3-digit ZIP Codes 967 and 968; GU = Guam 3-digit ZIP Code 969. 

Dated: March 10, 2014. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2014–05572 Filed 3–13–14; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0118; FRL–9907–77– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is approving revisions to 

the State Implementation Plan (SIP) for 

the State of Iowa. These revisions will 

amend the SIP to include revisions to 

Iowa air quality rule, Chapter 33, 

‘‘Special Regulations and Construction 

Permit Requirements for Major 

Stationary Sources—Prevention of 

Significant Deterioration (PSD) of Air 

Quality.’’ This rule amendment makes 

the state regulation consistent with the 

Federal regulation for the fine 

Particulate Matter (PM2.5) PSD program. 

This revision will amend source 

obligation provisions as they apply to 

recordkeeping and will provide a 

mechanism to allow industry to request 

rescission of a PSD permit, both of 

which match the Federal regulations. 

This action is also consistent with the 

state’s request to not include, into the 

SIP, provisions relating to Significant 

Impact Levels (SILs) and Significant 

Monitoring Concentrations (SMCs). 

These provisions were vacated and 

remanded by the U.S. Court of Appeals 

for the District of Columbia on January 

22, 2013. 

DATES: This direct final rule will be 

effective May 13, 2014, without further 

notice, unless EPA receives adverse 

comment by April 14, 2014. 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–2014–0118, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Algoe-eakin.amy@epa.gov 

3. Mail or Hand Delivery: Amy AlgoeEakin, 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–2014– 

0118. 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: 

Amy Algoe-Eakin, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7942, or by email at Algoeeakin.amy@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? 

I. What is being addressed in this 

document? 

EPA is approving revisions into the 

SIP to include amendments to the Iowa 

air quality rules as they apply to 

Prevention of Significant Deterioration 

(PSD) of Air Quality. 

The rules are amended to correspond 

with the Federal regulation for 

implementation of the PM2.5 PSD 

program as identified in 40 CFR 52.21. 

The following definitions are revised 

to match the Federal regulation: 

Baseline area; baseline date; enforceable 

permit condition; Federally enforceable; 

regulated New Source Review (NSR) 

pollutant, and significant. 

Revisions adopted by reference 

include ambient air increments that 

include thresholds for PM2.5, PSD 

exemptions to incorporate PM2.5, source 

impact analysis requirements to include 

PM2.5, and requirements for sources that 

impact Federal Class I areas to include 

PM2.5. Source obligation provisions are 

revised to match current Federal PSD 

regulations. This revision also clarifies 

the conditions whereby source owners 

and operators must keep records and the 

specific records that must be kept. For 

the purposes of record keeping, the 

Federal definition of ‘‘reasonable 

possibility’’ has been added. A rule has 

been added to establish provisions for 

rescinding a PSD permit and is 

commensurate with the Federal 

provisions. 

This action is also consistent with the 

state’s request to not include the SIP 

provisions relating to Significant Impact 

Levels and Significant Monitoring 

Concentrations. On January 22, 2013, 

the U.S. Court of Appeals for the District 

of Columbia vacated and remanded the 

provisions at 40 CFR 51.166(k)(2) and 

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Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 14403 

52.21(k)(2) concerning implementation 

of the PM2.5 SILs and vacated the 

provisions at 40 CFR 51.166(i)(5)(i)(c) 

and 52.21(i)(5)(i)(c) (adding the PM2.5

SMC) that were promulgated as part of 

the October 20, 2010 rule, ‘‘Prevention 

of Significant Deterioration (PSD) for 

Particulate Matter less than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels and 

Significant Monitoring Concentrations,’’ 

75 FR 64864. 

II. Have the requirements for approval 

of a SIP revision been met? 

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 revision meets the 

substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

EPA is approving the state’s request to 

revise the SIP to include amendments to 

the Iowa air quality rules as they apply 

to PSD of Air Quality. The rule is 

amended to correspond with the final 

Federal regulation necessary for PM2.5

implementation for the PSD program. 

This revision also revises source 

obligation provisions as they apply to 

recordkeeping, and provides a 

mechanism to allow industry to request 

rescission of a PSD permit, both of 

which will match federal regulations. 

Per the state’s July 23, 2013 request, 

EPA is not including provisions of the 

2010 PM2.5 PSD—Increments, SILs and 

SMCs rule (75 FR 64865, October 20, 

2010) relating to SILs and SMCs that 

were affected by the January 22, 2013 

U.S. Court of Appeals decision into SIP. 

We are 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. 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. 

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 

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 (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). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 13, 2014. 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, Air quality, 

Prevention of significant deterioration, 

Incorporation by reference, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: February 28, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 2. Section 52.820(c) is amended by 

revising in the table, under Chapter 33, 

the entry for 567–33.3 to read as 

follows: 

52.820 Identification of plan. 

* * * * * 

(c) * * * 

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14404 Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title 

State 

effective 

date 

EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

*******

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant 

Deterioration (PSD) of Air Quality 

*******

567–33.3 ...................................... Special construction permit requirement for major stationary 

sources in areas designated 

attainment or unclassified 

(PSD).

9/12/12 3/14/14 [Insert FR page 

number where the document begins].

Provisions of the 2010 

PM2.5 PSD—Increments, SILs and SMCs 

rule (75 FR 64865, October 20, 2010) relating 

to SILs and SMCs that 

were affected by the 

January 22, 2013 U.S. 

Court of Appeals decision are not SIP approved. 

In addition, we have not 

approved Iowa’s rule incorporating EPA’s 2007 

revision of the definition 

of ‘‘chemical processing 

plants’’ (the ‘‘Ethanol 

Rule,’’ 72 FR 24060 

(May 1, 2007) or EPA’s 

2008 ‘‘fugitive emissions 

rule,’’ 73 FR 77882 (December 19, 2008). 

*******

* * * * * 

[FR Doc. 2014–05512 Filed 3–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0599; FRL–9906–92– 

Region–9] 

Approval and Promulgation of 

Implementation Plans; California San 

Francisco Bay Area and Chico 

Nonattainment Areas; Fine Particulate 

Matter Emissions Inventories 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

California State Implementation Plan 

(SIP) concerning emissions inventories 

for the 2006 24-hour fine particle 

National Ambient Air Quality Standard 

(NAAQS) for the San Francisco Bay 

Area and Chico PM2.5 nonattainment 

areas. We are approving these emissions 

inventories under the Clean Air Act 

(CAA or the Act). 

DATES: This rule is effective on May 13, 

2014 without further notice, unless EPA 

receives adverse comments by April 14, 

2014. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0599, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: Generally, documents in the 

docket for this action are available 

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