Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Rules and Regulations 2787 

Dated: January 9, 2014. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2014–00722 Filed 1–15–14; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2013–0483; FRL–9905– 

9905–21–Region 7] 

Approval and Promulgation of 

Implementation Plans and Title V 

Operating Permit Program; 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. These revisions amend 

the Iowa air quality rules to eliminate 

state-only emissions testing procedures 

and adopt Federal methods; to reduce 

notification time for portable plant 

relocations, and allow electronic 

submittals of notifications; to update air 

quality definitions to be consistent with 

federal definitions, and to place into 

rule the specific procedures for 

conducting emissions testing. 

EPA is also approving revisions to the 

Iowa Title V Operating Permits Program 

to revise the definition of ‘‘EPA 

Reference Method,’’ and to adopt by 

reference the revised Title V Periodic 

Monitoring Guidance. 

DATES: This direct final rule will be 

effective March 17, 2014, without 

further notice, unless EPA receives 

adverse comment by February 18, 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–2013–0483, 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–2013– 

0483. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 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 (IDNR) is requesting EPA 

action on including revisions to the 

Iowa State Implementation Plan (SIP) 

and the Iowa Title V Program. IDNR has 

requested the SIP be amended to 

include revisions made to Chapter 20 

‘‘Scope of Title- Definitions- FormsRules of Practice,’’ Chapter 22, 

‘‘Controlling Pollution,’’ and Chapter 25 

‘‘Measurement of Emissions’’ in the 

Iowa Administrative Code. The purpose 

of the rules is to provide consistency 

between the state and Federal 

regulations. 

II. Have the requirements for approval 

of a SIP and Title V revision been met? 

The state submittal has met the public 

notice requirements for SIP submissions 

in accordance with 40 CFR 51.102. The 

submittal also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V and the Title V Operating 

program. 

III. What action is EPA taking? 

EPA is taking direct final action to 

approve SIP revisions to amend the 

Iowa air quality rules, to eliminate stateonly emissions testing procedures and 

adopt Federal methods; to reduce 

notification time for portable plant 

relocations, and allow electronic 

submittals of notifications; to update air 

quality definitions to be consistent with 

federal definitions, and to place into 

rule the specific procedures for 

conducting emissions testing. 

EPA is also taking direct final action 

to approve the Iowa Title V Operating 

Permits Program to revise the definition 

of ‘‘EPA Reference Method,’’ and to 

adopt by reference the revised Title V 

Periodic Monitoring Guidance. EPA 

received the request from the State to 

adopt revisions to the local air agency 

rules into the SIP on November 26, 

2012. The revisions were adopted by the 

Iowa Environmental Protection 

Commission on August 21, 2012, and 

became effective on October 24, 2012. 

EPA is taking direct final action to 

approve the following: (1) Amending 

the definitions to rule 567–20.2(455B) 

include revisions to the definitions of 

‘‘EPA reference method’’, particulate 


ehiers on DSK2VPTVN1PROD with RULES
2788 Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Rules and Regulations 

matter’’, ‘‘standard condition’’, and 

‘‘total suspended particulate’’ to match 

Federal regulations; (2) amending the 

definitions to rule 567–20.2(455B) to 

include the adoption of the definition of 

PM2.5. This definition is consistent with 

Federal regulations (see 40 CFR Part 51, 

Subparts A and Z and Appendix M, and 

40 CFR Part 58, Subpart A; (3) amending 

definitions to rule 567–22.3(3) ‘‘f’’ 

which contain the provisions for 

portable plant relocations; (4) amending 

rule 567–22.100(455B) to revise the 

definition of ‘‘EPA reference method’’ 

for the Title V Operating Permit 

Program. The changes to this definition 

are identical to the revisions for the 

definition of ‘‘EPA reference method’’ in 

the SIP; (5) amending subrule 22.108(3) 

to adopt by reference a revised 

definition of the Title V ‘‘Periodic 

Monitoring Guidance;’’ and (6) 

amending subrule 25.1(9) to revise the 

methods and procedures to evaluate 

compliance with emission limitations or 

permit conditions. It also rescinds the 

Compliance Sampling Manual which is 

no longer necessary due to changes in 

Federal test methods. 

III. What action is EPA taking? 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial amendment and 

anticipate no adverse comment because 

the revisions are largely administrative 

and consistent with Federal regulations. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as the proposed rule to 

approve the SIP revision if adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

Please note that if EPA receives 

adverse comment on part of this rule 

and if that part can be severed from the 

remainder of the rule, EPA may adopt 

as final those parts of the rule that are 

not the subject of an adverse comment. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). This action 

is also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Thus Executive Order 

13132 does not apply to this action. 

This action merely approves a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This rule also is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997) because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA when it reviews a state submission, 

to use VCS in place of a state 

submission that otherwise satisfies the 

provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Burden is defined 

at 5 CFR 1320.3(b). 

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 rule 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 March 17, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 final 

rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 


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Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Rules and Regulations 2789 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: December 23, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 2. Section 52.820(c) is amended by 

revising entries for Chapter 20, 567– 

20.2; Chapter 22, 567–22.3; and Chapter 

25, 567–25.1 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-Forms-Rule of Practice 

*******

567–20.2 ................... Definitions ................................... 10/24/12 01/16/14 [insert Federal Register 

page number where the document begins].

The definitions for aerobic lagoon, odor, odorous substance, odorous substance 

and greenhouse gas, are not 

SIP approved. 

* * * * * * * 

Chapter 22—Controlling Pollution 

*******

567–22.3 ................... Issuing Permits ........................... 10/24/12 01/16/14 [insert Federal Register 

page number where the document begins].

*******

Chapter 25—Measurement of Emissions 

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

and Existing Equipment.

10/24/12 01/16/14 [insert Federal Register 

page number where the document begins].

*******

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for Part 70 

continues to read as follows: 

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

■ 4. Appendix A to Part 70 is amended 

by adding paragraph (o) under ‘‘Iowa’’ 

to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(o) The Iowa Department of Natural 

Resources submitted for program approval 

revisions to 567–22.100(455B) to adopt by 

reference the definition of ‘‘EPA reference 

method’’. Also adopted by reference is the 

revised version of the Title V ‘‘Periodic 

Monitoring Guidance’’ at 567–22.108. These 

revisions to the Iowa program are approved 

effective March 17, 2014. 

* * * * * 

[FR Doc. 2014–00656 Filed 1–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 85a 

[Docket No. CDC–2014–0001; NIOSH–271] 

RIN 0920–AA51 

Occupational Safety and Health 

Investigations of Places of 

Employment; Technical Amendments 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Direct final rule. 


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