ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2010-0011; FRL-_________]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to approve revisions 

to the Iowa State Implementation Plan (SIP) submitted by the 

State on April 28, 2009. The purpose of these revisions is to 

update existing air quality rules; make corrections, 

clarifications and improvements; and to add information with 

regard to the application of permit exemptions. EPA is 

approving the SIP revisions pursuant to section 110 of the Clean 

Air Act.

DATES: This direct final rule will be effective [insert date 60 

days from date of publication in the Federal Register], without 

further notice, unless EPA receives adverse comment by [insert 

date 30 days from date of publication in the Federal Register]. 

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-2010-0011, by one of the following methods: 

1. www.regulations.gov. Follow the on-line instructions for 
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submitting comments.

2. E-mail: casburn.tracey@epa.gov.

3. Mail or Hand Delivery: Tracey Casburn, Environmental 

Protection Agency, Air Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 66101. 

Instructions: Direct your comments to Docket ID No. EPAR07-OAR-2010-0011. 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 e-mail 

information that you consider to be CBI or otherwise protected. 

The www.regulations.gov website 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 e-mail comment directly to EPA without going 

through www.regulations.gov, your e-mail 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 
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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, 901 

North 5th Street, Kansas City, Kansas 66101. The Regional 

Office’s official hours of business are Monday through Friday, 

8:00 to 4:30 excluding Federal 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: Tracey Casburn at (913) 551-

7016, or by e-mail at casburn.tracey@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document “we,” ”us,” or “our” refer to the 

EPA.
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Table of Contents

I. What is being addressed in this document?

II. What revisions is EPA approving?

III. What action is EPA taking?

IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

The State has revised Chapter 22 of the State air pollution 

control rules promulgated by the State’s Environmental 

Protection Commission. EPA is approving the revisions described 

below for the reasons discussed in this document.

II. What revisions is EPA approving?

The State made revisions to Chapter 22, “Controlling 

Pollution,” to clarify the terms and conditions of permit 

exemptions for certain internal combustion engines and spray 

booths. Those revisions are described in this document.

The State added a requirement to Iowa Rule 567-22.1(2)“r”

that the owner or operator of an internal combustion engine with 

a brake horsepower of less than 400, measured at the shaft, must 

submit a certification to the Iowa Department of Natural 

Resources that the engine is in compliance with Federal New 

Source Performance Standards listed at 40 CFR Part 60, Subpart 

IIII or Subpart JJJJ and Federal National Emission Standards for 

Hazardous Air Pollutants (NESHAPS) listed at 40 CFR Part 63, 

Subpart ZZZZ.
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The State amended Iowa Rule 567-22.8(1) to add 

clarification that the facilities, which spray one gallon per 

day or less of sprayed material on a facility-wide basis, are 

exempt from all other requirements of Iowa Rule 567-22 with the 

exception that the owner or operator must adhere to record

keeping requirements specified in the rule for the sprayed 

material. The revision also requires that the owner or operator 

must certify that the facility is in compliance with or 

otherwise exempt from the Federal regulations specified in Iowa 

Rule 567-22.8(1)“e” (the NESHAPS for paint stripping and surface 

coating at area sources, and the NESHAPS for metal fabricating 

and finishing at area sources).

The State added amendments to the same rule clarifying that 

facilities, which spray more than one gallon per day but never 

more than three gallons per day on a facility-wide basis, are 

exempt from all other requirements of Iowa State Rule 567-22 

except the owner or operator must adhere to certification, 

record keeping and emissions venting requirements as identified 

in the rule. The State added a requirement that the owner or 

operator must certify that the facility is in compliance with or 

otherwise exempt from the Federal regulations specified in Iowa 

Rule 567-22.8(1)“e” (described above).

The State added language clarifying that facilities, which 

spray more than three gallons per day on a facility-wide basis, 
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are not eligible to use the permit by rule for spray booths and 

must apply for a construction permit as required by subrules 

567-22.1(1) and 567-22.1(3) unless otherwise exempt.

The State added language explaining its requirements for 

the “Notification Letter.” Facilities which claim to be 

permitted by provisions of the rule must submit a notification 

letter, on forms provided by the State, certifying that the 

facility meets the following requirements:

(1) All paint booths and associated equipment are in 

compliance with the provisions of Iowa Rule 567-22.8(1);

(2) All paint booths and associated equipment are in 

compliance with all applicable requirements, including but not 

limited to, the allowable particulate emission rate for painting 

and surface coating operations of 0.01 gr/scf of exhaust gas as 

specified in Iowa Rule 567-23.4(13); and

(3) All paint booths and associated equipment are in 

compliance with or otherwise exempt from the Federal NESHAPS at 

40 CFR Part 63, subpart HHHHHH.

This revision also amends the numbering system of Iowa Rule 

567-22.8(1)“e” to allow for the addition of the requirements of 

the notification letter.

III. What action is EPA taking?

EPA is taking final action to approve the revisions to the 

Iowa SIP. The revisions submitted pertain to corrections, 
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clarifications and improvements as listed previously in this 

document. These modifications either clarify existing 

requirements or add additional requirements for sources to 

qualify for permit exemptions. Therefore, EPA has determined 

that the revisions will not adversely affect the air quality in 

the State of Iowa and will not relax the SIP. 

The state submittal has met the public notice requirements 

for SIP submissions in accordance with 40 CFR 51.102. The 

submittal also satisfied the completeness criteria of 40 CFR

part 51, appendix V. The revisions meet the substantive SIP 

requirements of the CAA, including section 110 and implementing 

regulations.

EPA is processing this action as a direct final action 

because the revisions make changes to the existing rules which 

are noncontroversial. Therefore, we do not anticipate any 

adverse comments. Please note that if EPA receives adverse 

comment on part of this rule and if that part can be severed 

from the remainder of the rule, EPA may adopt as final those 

parts of the rule that are not the subject of an adverse 

comment.

IV. Statutory and Executive Order Reviews

Under the Clean Air Act, 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); 
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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 Clean Air Act. 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 (Public Law 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); 
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 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 Clean Air Act; 

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 
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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 [FEDERAL 

REGISTER OFFICE: insert date 60 days from date of publication of 

this document in the Federal Register]. 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 
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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

40 CFR Part 52

Environmental protection, Air pollution control, Carbon 

monoxide, Incorporation by reference, Intergovernmental 

relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping requirements, Sulfur oxides, 

Volatile Organic Compounds.

Dated: _February 23, 2010.___ /s/ Karl Brooks _______________ 

 Karl Brooks,

 Regional Administrator, 

 Region 7.
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40 CFR part 52 is amended as follows:

Part 52 - [AMENDED] 

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(c) the table is amended by revising the 

entries for 567-22.1 and 567-22.8 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 22 – Controlling Pollution

567-22.1 Permits required 

for New or 

Existing 

Stationary 

Sources

3/18/09 [insert date of 

FR publication] 

[insert FR page 

number where the 

document begins]

* * * * * * *

567-22.8 Permits By Rule 3/18/09 [insert date of 

FR publication] 

[insert FR page 

number where the 

document begins]

* * * * * * *

* * * * *