Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations 26599 

future transportation conformity 

determinations for the St. Louis area. 

The finding is available at EPA’s 

conformity website: https://

www.epa.gov/state-and-localtransportation. 

Transportation conformity is required 

by section 176(c) of the Clean Air Act, 

as amended in 1990. EPA’s conformity 

rule requires that transportation plans, 

programs and projects conform to state 

air quality implementation plans and 

establishes the criteria and procedure 

for determining whether or not they do. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the national 

ambient air quality standards. 

The criteria by which we determine 

whether a SIP’s motor vehicle emission 

budgets are adequate for conformity 

purposes are outlined in 40 CFR 

93.118(e)(4). Please note that an 

adequacy review is separate from EPA’s 

completeness review, and it should not 

be used to prejudge EPA’s ultimate 

approval of the SIP. EPA plans to take 

action on the SIP at a later date. We 

have described our process for 

determining the adequacy of submitted 

SIP budgets in 40 CFR 93.118(f), and 

have followed this rule in making our 

adequacy determination. 

Authority: 42 U.S.C. 7401–7671q. 

Dated: May 25, 2018. 

James B. Gulliford, 

Regional Administrator, Region 7. 

[FR Doc. 2018–12388 Filed 6–7–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 62, and 70 

[EPA–R07–OAR–2017–0470; FRL 9979–10— 

Region 7] 

State of Iowa; Approval and 

Promulgation of the State 

Implementation Plan, the 111(d) Plan 

and the Operating Permits Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Iowa State 

Implementation Plan (SIP), the 111(d) 

plan, and the Operating Permits 

Program. These revisions update and 

clarify rules and make minor revisions 

and corrections. Approval of these 

revisions will ensure consistency 

between the state and federallyapproved rules, and ensure Federal 

enforceability of the state’s revised air 

program rules. 

DATES: This final rule is effective on July 

9, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2017–0470. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. 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 through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

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,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. Background 

II. What is being addressed in this document? 

III. Have the requirements for approval of the 

SIP, 111(d) Plan, and Operating Permit 

Plan Revisions been met? 

IV. EPA’s Response to Comments 

V. What action is EPA taking? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Background 

On September 15, 2017, EPA 

proposed to approve revisions to the 

Iowa State Implementation Plan (SIP), 

the 111(d) plan, and the Operating 

Permits Program. See 82 FR 43315. In 

conjunction with the September 15, 

2017 notice of proposed rulemaking 

(NPR), EPA issued a direct final rule 

(DFR) approving revisions to the Iowa 

SIP, the 111(d) plan, and the Operating 

Permits Program. See 82 FR 43303. In 

the DFR, EPA stated that if adverse 

comments were submitted to EPA by 

October 16, 2017, the action would be 

withdrawn and not take effect. 

EPA received three comments prior to 

the close of the comment period; one in 

support of the rule revisions and two of 

which were adverse. EPA withdrew the 

DFR on November 14, 2017. See 82 FR 

52667. This action is a final rule based 

on the NPR. A detailed discussion of 

Iowa’s SIP revisions, the 111(d) plan 

revision, and the Operating Permits 

Program revisions were provided in the 

DFR and will not be restated here, 

except to the extent relevant to our 

response to the public comment we 

received. 

II. What is being addressed in this 

document? 

EPA is taking final action to approve 

revisions to the Iowa SIP, the 111(d) 

plan, and the Operating Permits 

Program. These revisions update and 

clarify rules and make minor revisions 

and corrections. Approval of these 

revisions will ensure consistency 

between the state and federallyapproved rules, and ensure Federal 

enforceability of the state’s revised air 

program rules. Chapters with revisions 

are as follows: 

• Chapter 20—Scope of TitleDefinitions 

• Chapter 21—Compliance 

• Chapter 22—Controlling Pollution * 

• Chapter 23—Emission Standards for 

Contaminants 

• Chapter 25—Measurement of 

Emissions 

• Chapter 26—Prevention of Emergency 

Pollution Episodes 

• Chapter 27—Certificate of Acceptance 

• Chapter 28—Ambient Air Quality 

Standards 

• Chapter 31—Nonattainment Areas 

• Chapter 33—Special Regulations and 

Construction Permit Requirements for 

Major Stationary Sources—Prevention 

of Significant Deterioration (PSD) of 

Air Quality 

* Title V Operating Permit Program 

rules are included in chapter 22 starting 

at 22.100. 

III. Have the requirements for approval 

of the SIP, 111(d) Plan, and Operating 

Permit Plan Revisions 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. In addition, as explained 

above and in more detail in the TSD 

which is part of this docket, these 

revisions meet the substantive SIP 

requirements of the CAA, including 

section 110 and implementing 

regulations. These revisions are also 

consistent with applicable EPA 

requirements of the 111(d) plan 

submission and Title V of the CAA and 

40 CFR part 70. 


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IV. EPA’s Response to Comments 

The public comment period for EPA’s 

proposed rule opened September 15, 

2017, the date of its publication in the 

Federal Register, and closed on October 

16, 2017. During this period, EPA 

received three comments; one in favor 

of the rule revision, and two with 

adverse comments. 

Below are adverse comments from the 

first commenter with EPA’s responses: 

First commenter, comment 1: The 

commenter stated that EPA must 

disapprove 567 Iowa Administrative 

Code (IAC) 22.1(2), ‘‘Exemptions’’ as 

applied to construction permits for 

existing stationary sources, because 

existing sources already subject to PSD 

cannot use a plantwide applicability 

limit (PAL) to avoid PSD requirements. 

The commenter also stated that EPA 

must disapprove this provision because 

it does not ensure that the minor 

sources exemptions will not cause or 

contribute to a violation of a NAAQS or 

increment. 

EPA’s response: Under 40 CFR 

52.21(aa)(1), existing major stationary 

sources may be issued an ‘‘actuals 

PAL’’. As stated in the New Source 

Review (NSR) Reform Final Rule (67 FR 

80185), sources subject to an actuals 

PAL that maintain their emissions 

below a plantwide actual emissions cap 

(that is, an actuals PAL), may use the 

PAL process instead of the major NSR 

permitting process when modifications 

are made to the facility or individual 

emissions units to determine PSD 

applicability. Iowa’s PAL program was 

approved by EPA on May 4, 2007. See 

72 FR 27056. 

While compliance with an actuals 

PAL may allow a source to avoid PSD 

applicability, it does not necessarily 

exempt a source from compliance with 

a state’s minor NSR program. Therefore, 

a source with an actuals PAL in Iowa 

may still need obtain a permit when 

there is a physical change or change in 

method of operation under Iowa’s minor 

NSR program in 567 IAC 22.1. The 

exclusion of PAL sources from the list 

of sources that cannot use the 

exemptions from 567 IAC 22.1 simply 

allows those PAL sources to use the 

same exemptions as other sources in 

order to avoid the permitting 

requirements of 567 IAC 22.1(1). 

Furthermore, allowing PAL sources to 

use the exemptions in 567 IAC 22.1(2) 

does not require EPA to disapprove the 

SIP. The state performs technical 

reviews of construction permit 

exemptions to insure the minor sources 

will not cause or contribute to a 

violation of a NAAQS or increment. For 

example, on October 25, 2013, EPA 

approved a construction permit 

exemption for certain temporary diesel 

engines used in periodic testing and 

maintenance of natural gas pipelines in 

567 IAC 22.1(2) paragraph ‘‘oo’’. See 78 

FR 63887. As demonstrated in the 

docket for that action, Iowa conducted 

an air quality assessment and 

determined that the exemption was 

appropriate and included conditions in 

the exemption that insured that the 

engine emissions would not exceed the 

emission limits allowed under the small 

unit exemption in 567 IAC 22.1(2), 

paragraph ‘‘w’’. As an additional 

safeguard, 567 IAC 22.1(2) specifies that 

permitting exemptions do not relieve 

the owner or operator of any source 

from any obligations to comply with any 

other applicable requirements, 

including Title V requirements and PSD 

requirements. 

First commenter, comment 2: The 

commenter stated that EPA must 

disapprove 567 IAC 22.1(3) (as 

applicable to construction permits for 

animal feeding operations) because it 

allows animals feeding operations to be 

exempt from air pollution permitting, 

and because it only requires animal 

feeding operations to obtain a permit 

under Iowa’s chapter 65 regulations that 

are not approved into the SIP. Finally, 

the commenter stated that 567 IAC 

22.1(3) illegally allows a source category 

to be exempt from air pollution 

regulation. 

EPA’s response: The modification to 

567 IAC 22.1(3) clarifies that a new or 

modified anaerobic lagoon for an animal 

feeding operation shall apply for a 

construction permit as provided in 567 

IAC chapter 65. It does not exempt 

animal feeding operations from air 

pollution permitting, and solely applies 

to anaerobic lagoons at animal feeding 

operations. 

On October 9, 2002, EPA approved 

modifications to 567 IAC 22.1(3), 567 

IAC 22.1(3), paragraph ‘‘c’’, 

subparagraph (3), and 567 IAC 22.3(2) to 

include new air construction permitting 

requirements for anaerobic lagoons at 

animal feeding operations. See 67 FR 

62889. EPA notes that 567 IAC 22.1(3), 

paragraph ‘‘c’’, which is enforceable by 

the state and EPA as it is approved as 

part of Iowa’s SIP, contains air 

construction permit requirements that 

specifically apply to persons 

constructing anaerobic lagoons at 

animal feeding operations. 567 IAC 

22.3(2), which is also enforceable by the 

state and EPA as it is approved as part 

of Iowa’s SIP, also contains air 

construction permitting requirements 

for anaerobic lagoons at animal feeding 

operations. In addition, the EPA notes 

that anaerobic lagoons for animal 

feeding operations are not exempt from 

air construction permitting 

requirements under 567 IAC 22.1(2), 

which contains exemptions from air 

construction permitting requirements 

for certain sources. 

Concerning the comment that Iowa’s 

Chapter 65 regulations are not approved 

as part of the SIP, the EPA notes that in 

its October 9, 2002 approval of the 

modifications to 567 IAC 22.1(3), 567 

IAC 22.1(3), paragraph ‘‘c’’, 

subparagraph (3), and 567 IAC 22.3(2), 

the EPA stated that chapter 65 

requirements have not been requested 

by Iowa to be approved into the SIP 

because chapter 65 includes 

requirements (for example, odor 

controls) not pertaining to the 

requirements of section 110 of the CAA. 

First commenter, comment 3: The 

commenter stated that EPA should make 

clear that the current New Source 

Performance Standards (NSPS) apply to 

sources in Iowa, even if the NSPS was 

subject to a legal challenge and even if 

Iowa has not adopted the current NSPS. 

EPA’s response: While the state 

included revisions to its adoption of the 

NSPS in the submittal dated April 13, 

2017, the state specifically requested 

that EPA not act on the revisions, and 

therefore this comment is outside of the 

scope of this action. The EPA notes that 

the NSPS is applicable to sources in 

Iowa regardless of whether Iowa has 

adopted the NSPS. Iowa adopts the 

NSPS in order to obtain concurrent 

enforcement authority of the NSPS with 

the EPA. 

First commenter, comment 4: The 

commenter stated that 567 IAC 25.1(9), 

‘‘Methods and Procedures’’ should be 

disapproved as the rule claims that the 

Department can authorize the use of 

alternative methodologies for testing 

and monitoring. The commenter further 

stated that the state does not have 

authority to alter stack test and 

monitoring methodologies for NSPS and 

NESHAP standards. 

EPA’s response: 567 IAC 25.1, 

paragraph ‘‘(a)’’ was revised in order for 

the state rules to be consistent with the 

most current Federal rules. In addition 

to provisions within each NSPS and 

NESHAP that preserve EPA’s authority 

to approve certain alternative 

methodologies for testing and 

monitoring, EPA also retains this 

authority in accordance with sections 

111(h)(3) and 112(e)(3) of the CAA, 40 

CFR 60.8(b)(2) and (3), 61.14, and part 

63, subpart E. 

First commenter, comment 5: The 

commenter stated that EPA must 

disapprove 567 IAC 26.2(2) because it is 

missing PM2.5 thresholds for air 


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1See EPA Memorandum entitled ‘‘Guidance on 

Sip Elements Required Under Sections 110(a)(1) 

and (2) for the 2006 24-Hour Fine Particle (PM2.5) 

National Ambient Air Quality Standards (NAAQS), 

William T. Harnett, September 25, 2009. 2 62 FR 27968 (May 22, 1997). 

pollution alerts and air pollution 

warnings. 

EPA’s response: Iowa revised 567 IAC 

26.2 in order to be consistent with 40 

CFR part 51, appendix L, which 

addresses example regulations for 

prevention of air pollution emergency 

episodes that would cause imminent 

and substantial endangerment to the 

health of persons. States are required 

under 40 CFR part 51, subpart H, to 

develop emergency contingency plans 

that are classified as Priority 1 regions 

where ambient concentrations of a 

pollutant exceed specific thresholds. In 

accordance with 40 CFR 51.151, each 

plan for a Priority 1 region must include 

a contingency plan that provides for 

taking action necessary to prevent 

ambient pollutant concentrations at any 

such area in the region from reaching a 

significant harm threshold. 

To date, EPA has not promulgated a 

significant harm threshold for Priority 1 

areas for PM2.5. However, EPA has 

recommended PM2.5 priority levels 

through guidance,1 and has 

recommended that states develop 

emergency episode contingency plans 

for any area that has monitored and 

recorded 24-hour PM2.5 levels greater 

than 140.4 mm/m3 since 2006. If a state 

has monitored and recorded PM2.5 levels 

greater than 140.4 mm/m3, the EPA also 

recommends that the state develop 

emergency action levels and a 

significant harm level for PM2.5 in 

accordance with EPA guidance and 

consistent with the requirements of 40 

CFR 51.150 through 51.153. 

Because Iowa has not monitored and 

recorded 24-hour PM2.5 levels greater 

than 140.4 mm/m3 since 2006, Iowa is 

not required to develop an emergency 

action plan nor establish emergency 

action levels and a significant harm 

level for PM2.5. 

First commenter, comment 6: The 

commenter stated that EPA must 

disapprove paragraph 27.2(4)‘‘c’’ as this 

paragraph implies that local air agencies 

have authority to grant variances for 

emission limits and other applicable 

requirements. In addition, the 

commenter stated that Iowa Code 455B– 

133, 134, and 143 must be disapproved 

due to director’s variance provisions. 

EPA’s response: The EPA has 

interpreted this as a comment on EPA’s 

proposed approval of 567 IAC 27.3(4), 

paragraph ‘‘c’’. The current local air 

pollution control agencies in Iowa do 

not have federally approved variance 

procedures. See 40 CFR 52.820(c). As 

such, EPA’s approval of 567 IAC 27.3(4), 

paragraph ‘‘c’’ does not create a 

federally-approved variance program for 

the local air pollution control agency. In 

addition, Iowa Code 455B–133, 134, and 

143 are not a part of Iowa’s SIP. 

First commenter, comment 7: The 

commenter stated that Iowa removed 

the title ‘‘Significant Impact Levels 

(SILs)’’ of the table in 567 IAC 33.3(20) 

but left the SILs in place. The 

commenter stated that removing the title 

does not fix the problem of SILs not 

being authorized by the Clean Air Act. 

The commenter stated that therefore the 

last sentence of 567 IAC 33.3(20) and 

the table must be disapproved and 

expressed further reasons to disapprove 

the SILs. 

EPA’s response: As acknowledged by 

the commenter, the only change to the 

table in 567 IAC 33.3(20) was the 

removal of the table’s title. The title was 

removed by the state to be consistent 

with the table in 40 CFR 51.165(b)(2), 

which also does not have a title. 

Because the state only removed the title 

of the table, and did not otherwise 

revise the text or table of 567 IAC 

33.3(20), the comments concerning the 

last sentence of the 567 IAC 33.3(2) and 

the table are outside the scope of this 

action. In addition, the referenced 

sentence and table are consistent with 

the text and table of 40 CFR 

51.165(b)(2). 

First commenter, comment 8: The 

commenter stated that EPA must 

disapprove 567 IAC 33.3(22) in its 

entirety as the Clean Air Act does not 

allow for the rescission of PSD permits. 

EPA’s response: 40 CFR part 52 

implements the PSD provisions of the 

CAA. PSD permits may be rescinded in 

accordance with 40 CFR 52.21(w). 

Second commenter: A second 

commenter stated that EPA cannot 

rescind 567 IAC 21.1(4) unless the Clean 

Air Interstate Rule (CAIR) is removed 

from the Iowa SIP. 

EPA’s response: 567 IAC 21.1(4) 

specifies emissions inventory 

requirements for Iowa’s implementation 

of CAIR. Iowa’s CAIR regulations are 

found in 567 IAC chapter 34 and remain 

a part of the approved SIP. The Federal 

CAIR regulations have been phased out 

and replaced by the Cross-State Air 

Pollution Rule (CSAPR). (See 76 FR 

48208). Because the emissions inventory 

requirements of 567 IAC 21.1(4) were 

implemented in Iowa in order to comply 

with CAIR and are not relied upon for 

any other provision of Iowa’s SIP, and 

because CAIR has been replaced by the 

CSAPR, EPA is approving Iowa’s 

request to remove 567 IAC 21.1(4) from 

Iowa’s SIP. 

V. What action is EPA taking? 

EPA is taking final action to approve 

revisions to the Iowa State 

Implementation Plan, the 111(d) plan, 

and the Operating Permits Program. 

These revisions update and clarify rules 

and makes minor revisions and 

corrections. Approval of these revisions 

will ensure consistency between the 

state and federally-approved rules, and 

ensure Federal enforceability of the 

state’s revised air program rules. 

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 Iowa Regulations 

described in the final amendments to 40 

CFR part 52 set forth below. EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 7 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

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 in the next 

update to the SIP compilation.2

VII. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 


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• 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, 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 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 August 7, 2018. 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, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, Reporting and 

recordkeeping requirements. 

40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements. 

Dated: May 25, 2018. 

James B. Gulliford, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52, 

62, and 70 as set forth below: 

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 the heading for chapter 20 and 

the entries for ‘‘567–20.1’’, ‘‘567–20.2’’, 

‘‘567–21.1’’, ‘‘567–22.1’’, ‘‘567–23.3’’, 

‘‘567–25.1’’, ‘‘567–26.2’’, ‘‘567–27.1’’, 

‘‘567–27.3’’, ‘‘567–28.1’’, ‘‘567–31.2’’, 

‘‘567–33.1’’, and ‘‘567–33.3’’ 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 20—Scope of Title—Definitions 

567–20.1 ............. Scope of Title-Definitions 3/22/17 6/8/2018, [Insert Federal 

Register citation].

This rule is a non-substantive description of the 

Chapters contained in the Iowa rules. EPA has 

not approved all the Chapters to which this rule 

refers. 

567–20.2 ............. Definitions ....................... 3/22/17 6/8/2018, [Insert Federal 

Register citation].

The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’ 

‘‘odorous substance,’’ ‘‘odorous substance 

source’’ are not SIP approved. 

* * * * * * * 

Chapter 21—Compliance 

567–21.1 ............. Compliance Schedule ..... 3/22/17 6/8/2018, [Insert Federal 

Register citation].


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EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa citation Title State effective 

date EPA approval date Explanation 

*******

Chapter 22—Controlling Pollution 

567–22.1 ............. Stationary Sources ......... 3/22/17 6/8/2018, [Insert Federal 

Register citation].

In 22.1(3) the following sentence regarding electronic submission is not SIP approved. The sentence is: ‘‘Alternatively, the owner or operator 

may apply for a construction permit for a new or 

modified stationary source through the electronic 

submittal format specified by the department.’’ 

* * * * * * * 

Chapter 23—Emission Standards for Contaminants 

*******

567–23.3 ............. Specific Contaminants .... 3/22/17 6/8/2018, [Insert Federal 

Register citation].

567 IAC 23.3(3) ‘‘(d)’’ is not SIP approved. 

* * * * * * * 

Chapter 25—Measurement of Emissions 

567–25.1 ............. Testing and Sampling of 

New and Existing 

Equipment.

3/22/17 6/8/2018, [Insert Federal 

Register citation].

Chapter 26—Prevention of Air Pollution Emergency Episodes 

*******

567–26.2 ............. Episode Criteria .............. 3/22/17 6/8/2018, [Insert Federal 

Register citation].

* * * * * * * 

Chapter 27—Certificate of Acceptance 

567–27.1 ............. General ........................... 3/22/17 6/8/2018, [Insert Federal 

Register citation].

* * * * * * * 

567–27.3 ............. Ordinance or Regulations 3/22/17 6/8/2018, [Insert Federal 

Register citation].

* * * * * * * 

Chapter 28—Ambient Air Quality Standards 

567–28.1 ............. Statewide standards ....... 3/22/17 6/8/2018, [Insert Federal 

Register citation].

* * * * * * * 

Chapter 31—Nonattainment Areas 

*******

567–31.2 ............. Rescinded ....................... 3/22/17 6/8/2018, [Insert Federal 

Register citation].

Rescinded and reserved 

* * * * * * * 

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

Deterioration (PSD) of Air Quality 

567–33.1 ............. Purpose .......................... 3/22/17 6/8/2018, [Insert Federal 

Register citation].


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26604 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa citation Title State effective 

date EPA approval date Explanation 

567–33.3 ............. Special Construction Permit Requirements for 

Major Stationary 

Sources in Areas Designated Attainment or 

Unclassified (PSD).

3/22/17 6/8/2018, [Insert Federal 

Register citation].

Provisions of the 2010 PM2.5 PSD—Increments, 

SILs and SMCs rule (published 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. Iowa’s 

rule incorporating EPA’s 2007 revision of the 

definition of ‘‘chemical processing plants’’ (the 

‘‘Ethanol Rule,’’ (published May 1, 2007) or 

EPA’s 2008 ‘‘fugitive emissions rule,’’ (published 

December 19, 2008) are not SIP-approved. 

* * * * * * * 

* * * * * 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 3. The authority citation for part 62 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 4. Amend § 62.3913 by revising 

paragraph (d) and adding paragraph (e) 

to read as follows: 

§ 62.3913 Identification of plan. 

* * * * * 

(d) Amended plan, submitted 

September 19, 2001. Clarifying revisions 

to the plan with regard to design 

capacity reports for control of air 

emissions from municipal solid waste 

landfills submitted by the Iowa 

Department of Natural Resources on 

September 19, 2001. The amended plan 

was effective February 11, 2002. 

(e) Amended plan, submitted April 

13, 2017. Grammatical revision to the 

plan for the control of air emissions 

from municipal solid waste landfills 

submitted by the Iowa Department of 

Natural Resources, on April 13, 2017. 

The state effective date of the revision 

was March 22, 2017. The effective date 

of the amended plan is August 7, 2018. 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 5. The authority citation for part 70 

continues to read as follows: 

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

■ 6. Amend appendix A to part 70 by 

adding paragraph (r) under the heading 

‘‘Iowa’’ to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(r) The Iowa Department of Natural 

Resources submitted for program approval 

revisions to rules 567–22.100, 567–22.103, 

567–22.105, and 567–22.108. The state 

effective date was March 22, 2017. This 

revision is effective August 7, 2018. 

* * * * * 

[FR Doc. 2018–12166 Filed 6–7–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 510 

[CMS–5524–F2] 

RIN 0938–AT16 

Medicare Program; Changes to the 

Comprehensive Care for Joint 

Replacement Payment Model (CJR): 

Extreme and Uncontrollable 

Circumstances Policy for the CJR 

Model 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule finalizes a 

policy that provides flexibility in the 

determination of episode spending for 

Comprehensive Care for Joint 

Replacement Payment Model (CJR) 

participant hospitals located in areas 

impacted by extreme and uncontrollable 

circumstances for performance years 3 

through 5. 

DATES: Effective July 9, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Heather Holsey, (410) 786–0028. For 

questions related to the CJR model: 

CJR@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Medicare Program; Cancellation 

of Advancing Care Coordination 

Through Episode Payment and Cardiac 

Rehabilitation Incentive Payment 

Models; Changes to Comprehensive 

Care for Joint Replacement Payment 

Model: Extreme and Uncontrollable 

Circumstances Policy for the 

Comprehensive Care for Joint 

Replacement Payment Model final rule 

and interim final rule with comment 

period published on December 1, 2017 

(82 FR 57066 through 57104), we issued 

an interim final rule with comment 

period in conjunction with the final rule 

in order to address the need for a policy 

to provide some flexibility in the 

determination of episode costs for 

providers located in areas impacted by 

extreme and uncontrollable 

circumstances. Specifically, we 

finalized an extreme and uncontrollable 

events policy for the performance years 

2 through 5 reconciliation and sought 

comment on potential refinements we 

might make to this policy for future 

performance year reconciliations after 

performance year 2. The 30-day 

comment period for that rule closed on 

January 30, 2018. We received 3 

comments on our comment solicitation 

on potential refinements we might make 

to the extreme and uncontrollable 

circumstances policy for future 

performance year reconciliations after 

performance year 2. Those 3 comments 

and our responses are discussed in the 

following paragraphs. We also received 

4 comments that did not relate to the 

extreme and uncontrollable 

circumstances policy comment 

solicitation. 


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