Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 27763 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 14, 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. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: April 25, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(437)to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(437) New and amended regulations 

for the following APCD was submitted 

on November 17, 2009 by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional Material 

(A) Ventura County Air Pollution 

Control District. 

(1) Reasonably Available Control 

Technology State Implementation Plan 

Revision (2009 RACT SIP Revision) as 

adopted on September 15, 2009 (‘‘2009 

RACT SIP’’). 

■ 3. Section 52.222 is amended by 

adding paragraph (a)(10)(i) to read as 

follows: 

§ 52.222 Negative declarations. 

* * * * * 

(a) * * * 

(10) Ventura County Air Pollution 

Control District. 

(i) EPA–453/R06–004 Control 

Techniques Guidelines for Flat Wood 

Paneling Coatings; EPA–453/R–07–004 

Control Techniques Guidelines for Large 

Appliance Coatings; EPA–453/R–07– 

003 Control Techniques Guidelines for 

Paper, Film, and Foil Coatings; EPA– 

452/R–08–006 Control Techniques 

Guidelines for Automobile and LightDuty Truck Assembly Coatings; EPA 

453/R–08–005 Control Techniques 

Guidelines for Miscellaneous Industrial 

Adhesives; EPA 453/R–06–003 Control 

Techniques Guidelines for Flexible 

Package Printing; EPA 453/R–07–005 

Control Techniques Guidelines for 

Metal Furniture Coatings; and EPA 453/ 

R–08–004 Control Techniques 

Guidelines for Fiberglass Boat 

Manufacturing Materials were 

submitted on November 17, 2009 and 

adopted on September 15, 2009. 

* * * * * 

[FR Doc. 2014–11087 Filed 5–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0165; FRL–9910–67– 

Region–7] 

Approval and Promulgation of 

Implementation Plans; State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the State Implementation Plan (SIP) for 

the State of Iowa. This action will 

amend the SIP to include revised 

permitting regulations to allow facilities 

to construct or modify existing sources 

in areas that are not in attainment with 

the National Ambient Air Quality 

Standards. The rule revisions 

incorporate Federal regulation by 

reference. The provisions from previous 

nonattainment permitting rules are 

being retained and are now relocated to 

Chapter 31 ‘‘Nonattainment Areas’’. 

EPA is also acting to approve the SIP to 

update the rule revisions for the 

definition of excess emissions and 

conformity of general actions rule. 

DATES: This direct final rule will be 

effective July 14, 2014, without further 

notice, unless EPA receives adverse 

comment by June 16, 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–2014–0165, 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– 

0165. 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 


TKELLEY on DSK3SPTVN1PROD with RULES
27764 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

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 to 4:30 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? 

The Iowa Department of Natural 

Resources requested the SIP be 

amended to include revisions to the 

following air quality rules: Chapter 20, 

‘‘Scope of Title-Definitions-Forms-Rules 

of Practice,’’ Chapter 22, ‘‘Controlling 

Pollution,’’ Chapter 31, ‘‘Nonattainment 

Areas,’’ and Chapter 33, ‘‘Special 

Regulations and Construction Permit 

Requirements for Major Stationary 

Sources-Prevention for Significant 

Deterioration of Air Quality.’’ 

The rule revisions adopt, by reference, 

regulation from 40 CFR 51.165 to 

incorporate review and permitting 

procedures that allow facilities to 

construct or modify existing sources in 

areas that are not in attainment with the 

National Ambient Air Quality 

Standards. The modifications were 

intended to streamline the rules and to 

make them more user-friendly. One of 

the most significant rule changes is that 

the nonattainment permitting rules are 

being moved to Chapter 31, 

‘‘Nonattainment areas.’’ Iowa previously 

adopted requirements for nonattainment 

areas in rule 567–22.5(455B), and the 

provisions of this rule are retained as 

permits issued during previous 

nonattainment declarations remain in 

effect. The content of rule 567– 

22.5(455B) is rescinded, and the content 

moved to 31.20. To be clear, the content 

remains unchanged and the state’s rules 

for nonattainment major New Source 

Review are no more or less stringent 

than the Federal regulations when the 

area was designated as nonattainment. 

The requirements for areas designated 

nonattainment after May 18, 1998 are in 

rules 567–31.3(455B) to 567–31.9 

(455B). In addition, 567–20.1 updates 

information about the content of 

Chapter 22 and 31 and 567–20.2 which 

revises the definition of ‘‘excess 

emissions’’ to update the references to 

the nonattainment major NSR and 

prevention of significant deterioration 

rules. The state is also updating 

references to the conformity of general 

actions rule. Additional rule revisions 

are more general and administrative in 

nature. Those revisions include 

updating references and introductory 

rule language to synchronize with the 

transitioning of rule content; removing 

references to outdated guidance; and 

updating the list of attainment and 

unclassifiable areas in the state. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. 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 revisions to the SIP 

for the State of Iowa. This rulemaking 

adopts regulations to be consistent with 

Federal review and permitting 

procedures that allow facilities to 

construct or modify existing sources in 

areas that are not in attainment with the 

NAAQS. Although incorporated by 

reference, a new chapter will include all 

nonattainment permitting regulations 

for the ease of the reader. References 

related to Federal regulations are being 

updated, including references in the 

definition of excess emission, and 

conformity of general actions rule. 

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 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 27765 

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 July 14, 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: April 29, 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. In 52.820, the table in paragraph (c) 

is amended by: 

■ a. Revising entries ‘‘567–20.1’’, ‘‘567– 

20.2’’, ‘‘567–22.1’’,‘‘567–22.5’’, ‘‘567– 

31.1’’, ‘‘567–31.2’’, and ‘‘567–33.1’’; and 

■ b. Adding entries ‘‘567–31.3’’, ‘‘567– 

31.4’’, ‘‘567–31.9’’, ‘‘567–31.10’’, and 

‘‘567–31.20’’. 

The revisions and additions to read as 

follows: 

52.820 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IOWA REGULATIONS

Citation Title State effective 

date EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

Chapter 20—Scope of Title-Definitions-Forms-Rule of Practice 

567–20.1 ...... Scope of Title .................................. 1/15/2014 5/15/2014 [[insert Federal Register 

page number where the document begins]].

This rule is a non-substantive description of the Chapters contained in the Iowa rules. EPA 

has not approved all of the 

Chapters to which this rule refers. 

567–20.2 ...... Definitions ....................................... 1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

The definitions for anaerobic lagoon, odor, odorous substance, 

odorous substance and greenhouse gas are not SIP approved. 

* * * * * * * 

Chapter 22—Controlling Pollution 

567–22.1 ...... Permits Required for New or Existing Stationary Sources.1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

*******

567–22.5 ...... Special Requirements for Nonattainment Areas.1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

Rescinded and Moved to 567– 

31.20. 


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27766 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS—Continued 

Citation Title State effective 

date EPA approval date Explanation 

*******

Chapter 31—Nonattainment Areas 

567–31.1 ...... Permit Requirements Relating to 

Nonattainment Areas.

1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

567–31.2 ...... Conformity of General Federal Actions to the Iowa SIP or Federal 

Implementation Plan.

1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

567–31.3 ...... Nonattainment new source review 

requirements for areas designated nonattainment on or after 

May 18, 1998.

1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

567–31.4 ...... Preconstruction Review Permit Program.1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

567–31.9 ...... Actual PALs .................................... 1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

567–31.10 .... Validity of Rules .............................. 1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

567–31.20 .... Special requirements for nonattainment areas designated before 

May 18, 1998.

1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

*******

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

Deterioration (PSD) of Air Quality 

567–33.1 ...... Purpose ........................................... 1/15/2014 5/15/2014 [insert Federal Register 

page number where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2014–11088 Filed 5–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 385 

[Docket No. FMCSA–2014–0135] 

RIN 2126–AB73 

Incorporation by Reference; North 

American Standard Out-of-Service 

Criteria; Hazardous Materials Safety 

Permits 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA amends its 

Hazardous Materials Safety Permits 

rules to update the current 

incorporation by reference of the ‘‘North 

American Standard Out-of-Service 

Criteria and Level VI Inspection 

Procedures and Out-of-Service Criteria 

for Commercial Highway Vehicles 

Transporting Transuranics and Highway 

Route Controlled Quantities of 

Radioactive Materials as defined in 49 

CFR Part 173.403.’’ Currently the rules 

reference the April 1, 2013, edition of 

the out-of-service criteria and through 

this final rule, FMCSA incorporates the 

April 1, 2014, edition. 

DATES: Effective May 15, 2014. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51 as of May 15, 

2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Brian Routhier, Mechanical Engineer, 

Federal Motor Carrier Safety 

Administration, Office of Policy, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001, by telephone at (202) 

366–1225 or via email brian.routhier@

dot.gov. Office hours are from 8 a.m. to 

4:30 p.m., Monday through Friday, 

except Federal holidays. If you have 

questions on viewing the docket, 

contact Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

This rulemaking updates an 

incorporation by reference found at 49 

CFR 385.4 and referenced at 49 CFR 

385.415(b)(1). The rules currently 

reference the April 1, 2013, edition of 

‘‘North American Standard Out-ofService Criteria and Level VI Inspection 

Procedures and Out-of-Service Criteria 

for Commercial Highway Vehicles 

Transporting Transuranics and Highway 

Route Controlled Quantities of 

Radioactive Materials as defined in 49 

CFR Part 173.403.’’ In this final rule, 

FMCSA incorporates the April 1, 2014, 

edition. The revision does not impose 

new requirements or substantively 

amend the Code of Federal Regulations. 


TKELLEY on DSK3SPTVN1PROD with RULES