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[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Rules and Regulations]
[Pages 7978-7980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03108]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0045; FRL-9942-37-Region 7]

Approval of Iowa's Air Quality Implementation Plans; Polk County 
Board of Health Rules and Regulations, Chapter V, Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plan (SIP) for the State of Iowa. 
The purpose of these revisions is to update the Polk County Board of 
Health Rules and Regulations, Chapter V, Air Pollution. The revisions 
reflect updates to the Iowa statewide rules previously approved by EPA 
and will ensure consistency between the applicable local agency rules 
and Federally-approved rules.

DATES: This direct final rule will be effective April 18, 2016, without 
further notice, unless EPA receives adverse comment by March 18, 2016. 
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-2016-0045, to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at 
hamilton.heather@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' 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 State of Iowa has requested EPA approval of revisions to the 
local agency's rules and regulations, Chapter V, Air Pollution, as a 
revision to the SIP. In order for the local program's Air Pollution 
rules to be incorporated into the Federally-enforceable SIP, on behalf 
of the local agency, the state must submit the formally adopted 
regulations and control strategies, which are consistent with the state 
and Federal requirements, to EPA for inclusion in the SIP. The 
regulation adoption process generally includes public notice, a public 
comment period and a public hearing, and formal adoption of the rule by 
the state authorized rulemaking body. In this case, that rulemaking 
body is the local agency. After the local agency formally adopts the 
rule, the local agency submits the rulemaking to the state, and then 
the state submits the rulemaking to EPA for consideration for formal 
action (inclusion of the rulemaking into the SIP). EPA must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the state's submission.
    EPA received the request from the state to adopt revisions to the 
local air agency rules into the SIP on December 8, 2015. The revisions 
were adopted by the local agency on October 6, 2015, and became 
effective on October 12, 2015. EPA is approving the requested revisions 
to the Iowa SIP relating to the following:
     Article I. In General, Section 5-1. Purpose and Ambient 
Air Quality Standards;
     Article I. In General, Section 5-2. Definitions;
     Article X. Permits, Division 1. Construction Permits, 
Section 5-33. Exemptions from Permit Requirements;
     Article X. Permits, Division 2. Operating Permits, Section 
5-39. Exemptions from Permit Requirement.

EPA's action does not cover revisions to:

     Article VI. Emission of Air Contaminants from Industrial 
Processes, New Source Performance Standards, Section 5-16(n),
     Article VIII. National Emission Standards for Hazardous 
Air Pollutants for Source Categories, Section 5-16(p), and,
     Article VIII. National Emission Standards for Hazardous 
Air Pollutants for Source Categories, Section 5-20.
    EPA is also approving the definition of Maximum Achievable Control 
Technology that was inadvertently omitted from the January 12, 2015, 
Federal Register notice that approved the September 2013 revisions to 
the Polk County Board of Health Rules and Regulations, Chapter V, Air 
Pollution. 80 FR 1471.

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

[[Page 7979]]

the completeness criteria of 40 CFR part 51, appendix V. In addition, 
as explained previously and in more detail in the technical support 
document which is part of this docket, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

III. What action is EPA taking?

    We are taking direct final action to approve the revisions to the 
Polk County Board of Health Rules and Regulations, Chapter V, Air 
Pollution. The local agency routinely revises its Air Pollution 
regulations to be consistent with the Federally-approved Iowa 
Administrative Code.
    The local agency's Air Pollution rules are consistent with state 
and Federal regulations and are revised as follows:
    Article I, section 5-1(c) is revised to cite the cross reference to 
state-approved rules at (455B). The definition ``Responsible official'' 
was added to article I, section 5-2, the definition for ``Volatile 
Organic Compounds'' was revised to cite the most recent federal 
reference.
    Article X, division 1, Construction Permits, section 5-33, 
Exemptions from Permit Requirements, and article X, division 2, 
Operating Permits, section 5-39, Exemptions from Permit Requirements, 
were revised to add an introductory paragraph stating that the 
permitting exemptions of these sections do not relieve the owner or 
operator of any source from any obligation to comply with any other 
applicable requirements.
    Article X, division 1, Construction Permits, section 5-33, 
Exemptions from Permit Requirements, and article X, division 2, 
Operating Permits, section 5-39, Exemptions from Permit Requirements, 
were revised to add recordkeeping requirements to the exemption for 
electric hand soldering, wave soldering and electric solder paste 
reflow ovens, and the exemption for emissions from mobile internal 
combustion engines at equipment repair shops or equipment dealerships 
was revised to add emissions from over-the-road trucks.
    Article X, division 1, Construction Permits, section 5-33, 
Exemptions from Permit Requirements, and article X, division 2, 
Operating Permits, section 5-39, Exemptions from Permit Requirements, 
were revised to add three additional exemptions as follows: Equipment 
that is not related to the production of goods or services and used 
exclusively for academic purposes, located at educational institutions 
as defined in Iowa Code section 455B.161; any container, storage tank, 
or vessel that contains fluid having a maximum true vapor pressure of 
less than 0.75 psia, and fugitive dust emissions related to movement of 
passenger vehicles on unpaved road surfaces. Details of the three 
additional exemptions and other Polk County revisions can be found in 
the Technical Support Document in the docket of this rulemaking.
    With this SIP action, EPA is also approving the definition of 
Maximum Achievable Control Technology (MACT). The MACT definition was 
included in the September 2013 SIP submission for Polk County; however, 
EPA inadvertently omitted the definition from the Federal Register 
notice. 80 FR 1471, January 12, 2015. The definition of MACT is 
consistent with the Federally-approved Iowa SIP.
    We are publishing this rule without a prior proposed rule because 
we view this as a noncontroversial action 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.

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 direct final amendments to 40 CFR part 52 
set forth below. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and at the appropriate EPA office (see the 
ADDRESSES section of this preamble for more information).

Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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

[[Page 7980]]

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 April 18, 2016. 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, Intergovernmental 
relations, Incorporation by reference, Reporting and recordkeeping 
requirements.

    Dated: February 1, 2016.
Mark Hague,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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. Amend Sec.  52.820(c) by revising in the table under ``Polk County'' 
the entry for ``Chapter V'' to read as follows:

Sec.  52.820  Identification of plan.

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    (c) * * *

                                          Epa-Approved Iowa Regulations
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                                                             State
          Iowa citation                    Title           effective     EPA approval date       Explanation
                                                             date
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                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                                  * * * * * * *
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                                                   Polk County
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CHAPTER V........................  Polk County Board of     10/12/15   2/17/16, [Insert      Article I, Section
                                    Health Rules and                    Federal Register      5-2, definition of
                                    Regulations Air                     citation].            ``variance,''
                                    Pollution Chapter V.                                      ``anaerobic
                                                                                              lagoon,'' and
                                                                                              ``greenhouse
                                                                                              gases''; Article
                                                                                              III, Incineration
                                                                                              and Open Burning,
                                                                                              Section 5-7(d)
                                                                                              Variance
                                                                                              Application;
                                                                                              Article VI,
                                                                                              Sections 5-16(n),
                                                                                              (o) and (p);
                                                                                              Article VIII;
                                                                                              Article IX,
                                                                                              Sections 5-27(3)
                                                                                              and (4); Article
                                                                                              X, Section 5-28,
                                                                                              subsections (a)
                                                                                              through (c), and
                                                                                              Article X, Section
                                                                                              5-35(b)(5);
                                                                                              Article XIII; and
                                                                                              Article XVI,
                                                                                              Section 5-75 are
                                                                                              not part of the
                                                                                              SIP.
                                                                                             Article VI, Section
                                                                                              5-17, adopted by
                                                                                              Polk County on 7/
                                                                                              26/2011, is not
                                                                                              part of the SIP,
                                                                                              and the previously
                                                                                              approved version
                                                                                              of Article VI,
                                                                                              Section 5-17
                                                                                              remains part of
                                                                                              the SIP.
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[FR Doc. 2016-03108 Filed 2-16-16; 8:45 am]
 BILLING CODE 6560-50-P
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