[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Rules and Regulations]
[Pages 26599-26604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12166]


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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.

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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 federally-approved 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 
<a href="/cdn-cgi/l/email-protection#e880898581849c8786c6808d899c808d9aa88d9889c68f879e"><span class="__cf_email__" data-cfemail="80e8e1ede9ecf4efeeaee8e5e1f4e8e5f2c0e5f0e1aee7eff6">[email protected]</span></a>.

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 federally-approved rules, and ensure Federal enforceability of the 
state's revised air program rules. Chapters with revisions are as 
follows:

<bullet> Chapter 20--Scope of Title-Definitions
<bullet> Chapter 21--Compliance
<bullet> Chapter 22--Controlling Pollution *
<bullet> Chapter 23--Emission Standards for Contaminants
<bullet> Chapter 25--Measurement of Emissions
<bullet> Chapter 26--Prevention of Emergency Pollution Episodes
<bullet> Chapter 27--Certificate of Acceptance
<bullet> Chapter 28--Ambient Air Quality Standards
<bullet> Chapter 31--Nonattainment Areas
<bullet> 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.

[[Page 26600]]

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 PM<INF>2.5</INF> 
thresholds for air

[[Page 26601]]

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 PM<INF>2.5</INF>. However, EPA has recommended 
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 
levels greater than 140.4 [micro]m/m\3\ since 2006. If a state has 
monitored and recorded PM<INF>2.5</INF> levels greater than 140.4 
[micro]m/m\3\, the EPA also recommends that the state develop emergency 
action levels and a significant harm level for PM<INF>2.5</INF> in 
accordance with EPA guidance and consistent with the requirements of 40 
CFR 51.150 through 51.153.
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    \1\ See 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.
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    Because Iowa has not monitored and recorded 24-hour 
PM<INF>2.5</INF> levels greater than 140.4 [micro]m/m\3\ since 2006, 
Iowa is not required to develop an emergency action plan nor establish 
emergency action levels and a significant harm level for 
PM<INF>2.5</INF>.
    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\
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    \2\ 62 FR 27968 (May 22, 1997).
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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:

    <bullet> 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);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.

[[Page 26602]]

    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

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. 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:


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
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
                                     Chapter 20--Scope of Title--Definitions
----------------------------------------------------------------------------------------------------------------
567-20.1...................  Scope of Title-              3/22/17  6/8/2018, [Insert    This rule is a non-
                              Definitions.                          Federal Register     substantive description
                                                                    citation].           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    The definitions for
                                                                    Federal Register     ``anaerobic lagoon,''
                                                                    citation].           ``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].
 

[[Page 26603]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1...................  Stationary Sources..         3/22/17  6/8/2018, [Insert    In 22.1(3) the following
                                                                    Federal Register     sentence regarding
                                                                    citation].           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                     3/22/17  6/8/2018, [Insert    567 IAC 23.3(3) ``(d)''
                              Contaminants.                         Federal Register     is not SIP approved.
                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1...................  Testing and Sampling         3/22/17  6/8/2018, [Insert    ........................
                              of New and Existing                   Federal Register
                              Equipment.                            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                 3/22/17  6/8/2018, [Insert    ........................
                              Regulations.                          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    Rescinded and reserved
                                                                    Federal Register
                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
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].

[[Page 26604]]

 
567-33.3...................  Special Construction         3/22/17  6/8/2018, [Insert    Provisions of the 2010
                              Permit Requirements                   Federal Register     PM2.5 PSD--Increments,
                              for Major                             citation].           SILs and SMCs rule
                              Stationary Sources                                         (published October 20,
                              in Areas Designated                                        2010) relating to SILs
                              Attainment or                                              and SMCs that were
                              Unclassified (PSD).                                        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

0
3. The authority citation for part 62 continues to read as follows:

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

Subpart Q--Iowa

0
4. Amend Sec.  62.3913 by revising paragraph (d) and adding paragraph 
(e) to read as follows:


Sec.  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

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

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


0
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


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