[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Proposed Rules]
[Pages 12291-12293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03295]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2024-0064; FRL-11722-01-R7]


Air Plan Approval; Iowa; State Implementation Plan and State 
Operating Permits Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Iowa State Implementation Plan (SIP) and the 
Operating Permit Program for the State of Iowa. The revisions update 
incorporations by reference to EPA methods for performance testing 
(stack testing), update the definitions, and adopt the most recent 
National Ambient Air Quality Standards (NAAQS) for ozone. These 
revisions do not impact the stringency of the SIP or have an adverse 
effect on air quality. The EPA's proposed approval of this rule 
revision is being done in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: Comments must be received on or before March 18, 2024.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2024-0064 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Bethany Olson, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7905; email address: <a href="/cdn-cgi/l/email-protection#d8b7b4abb7b6f6babdacb0b9b6a198bda8b9f6bfb7ae"><span class="__cf_email__" data-cfemail="cfa0a3bca0a1e1adaabba7aea1b68faabfaee1a8a0b9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by EPA?
IV. What operating permit plan revisions are being proposed by EPA?
V. Have the requirements for approval of a SIP and the operating 
permit plan revisions been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2024-
0064, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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 https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Iowa SIP and the 
Operating Permits Program received on March 29, 2023. The revisions 
incorporate recent changes to Iowa Administrative Code. The following 
chapters are impacted:
    <bullet> Chapter 20, ``Scope of Title--Definitions;''
    <bullet> Chapter 22, ``Controlling Pollution;''
    <bullet> Chapter 25, ``Measurement of Emissions;'' and
    <bullet> Chapter 28, ``Ambient Air Quality Standards.''
    The revisions update incorporations by reference to EPA methods for 
performance testing (stack testing) and adopt the most recent National 
Ambient Air Quality Standards (NAAQS) for ozone. EPA proposes to find 
that these revisions meet the requirements of the Clean Air Act, do not 
impact the stringency of the SIP, and do not adversely impact air 
quality. The full text of these changes can be found in the State's 
submission, which is included in the docket for this action.
    Sections 111 and 112 of the Clean Air Act (CAA) allow EPA to 
delegate authority to states for New Source Performance Standards 
(NSPS) and National Emission Standards for Hazardous Air Pollutants 
(NESHAPs). EPA has delegated authority to Iowa for approved portions of 
these sections of the CAA. Changes made to Iowa's Chapter 23 pertaining 
to new and revised NSPS and NESHAPs are not directly approved into the 
SIP, but rather, are adopted by reference. Thus, EPA is not proposing 
to approve the changes to Chapter 23 of the Iowa Administrative Code 
into the state's SIP.

III. What SIP revisions are being proposed by EPA?

    The EPA is proposing the following revisions to the Iowa SIP:
    Chapter 20, Subrule 20.2, Scope of Title-Definitions: The state 
revised the definition of ``EPA reference method'' to adopt the most 
current performance test (stack test) method as specified in 40 CFR 
part 60, appendix A and amended or corrected through February 16, 2021. 
The proposed update will ensure that state reference methods are 
equivalent to Federal reference methods; thus, EPA proposes to approve 
this change.

[[Page 12292]]

    Chapter 25, Subrule 25.1(9), Testing and Sampling of New and 
Existing Equipment: As discussed above, the State similarly revised 
subrule 25.1(9), ``Methods and Procedures,'' to adopt the performance 
test (stack test) methods as specified in 40 CFR part 60, appendix A 
and amended or corrected through February 16, 2021. The proposed update 
will ensure that state reference methods are equivalent to Federal 
reference methods; thus, EPA proposes to approve this change.
    Chapter 28, Subrule 28.1, State-wide Standards: The state revised 
subrule 28.1, to adopt the most current national primary and secondary 
ambient air quality standards for ozone as specified in 40 CFR part 50 
and amended at 80 FR 65291-65468 (October 26, 2015).

IV. What operating permit plan revisions are being proposed by EPA?

    The EPA is proposing to approve the following revision to the 
Operating Permit Program:
    Chapter 22, subrule 22.100(455B), Definitions for Title V Operating 
Permits: The state revised the definition of ``EPA reference method'' 
to adopt the most current performance test (stack test) method as 
specified in 40 CFR part 60, appendix A and amended or corrected 
through February 16, 2021. The state also revised the definition of 
``Hazardous air pollutant'' to add the chemical 1-bromopropane, 
CAS#106-94-5, to the list of hazardous air pollutants. This revision is 
consistent with the most current list of hazardous air pollutants at 40 
CFR part 63, subpart C. The proposed updates will ensure consistency 
between federal and state regulations; thus, EPA proposes to approve 
this change.

V. Have the requirements for approval of a SIP and the operating permit 
plan revisions 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 
State provided public notice on this SIP revision from November 22, 
2022, to December 5, 2022, and held a public hearing on December 5, 
2022. The State received no comments. In addition, as explained above, 
the revision meets the substantive SIP requirements of the CAA, 
including section 110 and implementing regulations.

VI. What action is the EPA taking?

    We are processing this as a proposed action because we are 
soliciting comments on this proposed action. Final rulemaking will 
occur after consideration of any comments.

VII. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is finalizing the 
incorporation by reference of the Iowa rules 567-20.2, Definitions, 
which provides definitions for air quality regulations; 567-25.1, 
Testing and Sampling of New and Existing Equipment, which regulates 
testing and sampling of equipment; 567-28.1, State-wide Standards, 
which regulates ambient air quality standards; and 22.100, Definitions 
for Title V Operating Permits, which provides definitions for state 
operating permits. The state effective date of these rules is March 15, 
2023. The EPA has made, and will continue to make, these materials 
generally available through https://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).

VIII. 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 Clean Air 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 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:
    <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 14094 (88 FR 21879, April 11, 2023);
    <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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <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 Clean Air Act.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The Iowa Department of Natural Resources did not evaluate 
environmental justice considerations as part of its SIP submittal; the 
CAA and applicable implementing regulations neither prohibit nor 
require such an evaluation. EPA did not perform an EJ analysis and did 
not consider EJ in this action. Due to the nature of the action being 
taken here, this action is expected to have a neutral to positive 
impact on the air quality of the affected area. Consideration of EJ is 
not required as part of this action, and there is no

[[Page 12293]]

information in the record inconsistent with the stated goal of E.O. 
12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: February 12, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
40 CFR parts 52 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. In Sec.  52.820, the table in paragraph (c) is amended by revising 
the entries ``567-20.2,'' ``567-25.1,'' and ``567-28.1'' to read as 
follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State
      Iowa citation              Title         effective date      EPA approval date           Explanation
----------------------------------------------------------------------------------------------------------------
                                      Iowa Department of Natural Resources
                                    Environmental Protection Commission [567]
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                                     Chapter 20--Scope of Title-Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
567-20.2................  Definitions........       3/15/2022  [Date of publication of   The definitions for
                                                                the final rule in the     ``anaerobic lagoon,''
                                                                Federal Register],        ``odor,'' ``odorous
                                                                [Federal Register         substance,'' ``odorous
                                                                citation of the final     substance source'' are
                                                                rule].                    not SIP approved.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1................  Testing and               3/15/2023  [Date of publication of
                           Sampling of New                      the final rule in the
                           and Existing                         Federal Register],
                           Equipment.                           [Federal Register
                                                                citation of the final
                                                                rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1................  Statewide standards       3/15/2023  [Date of publication of
                                                                the final rule in the
                                                                Federal Register],
                                                                [Federal Register
                                                                citation of the final
                                                                rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

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

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

0
4. Appendix A to part 70 is amended by adding paragraph (z) under 
``Iowa'' to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Iowa

* * * * *
    (z) The Iowa Department of Natural Resources submitted for 
program approval revisions to rule 567-22.100 on March 29, 2023. The 
state effective date is March 15, 2023. The proposed revision 
effective date is [DATE 30 DAYS AFTER DATE OF PUBLICATION OF THE 
FINAL RULE IN THE FEDERAL REGISTER].
* * * * *
[FR Doc. 2024-03295 Filed 2-15-24; 8:45 am]
BILLING CODE 6560-50-P


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