Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Proposed Rules 12291 

505, JP Klingenberg is designated as an 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in this 

proceeding. 

IV. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. RM2024–3 for consideration of the 

matters raised by the Petition of the 

United States Postal Service for the 

Initiation of a Proceeding to Consider 

Proposed Changes in Analytical 

Principles (Proposal One), filed 

February 8, 2024. 

2. Comments by interested persons in 

this proceeding are due no later than 

February 26, 2024. 

3. Pursuant to 39 U.S.C. 505, the 

Commission appoints JP Klingenberg to 

serve as an officer of the Commission 

(Public Representative) to represent the 

interests of the general public in this 

docket. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2024–03270 Filed 2–15–24; 8:45 am] 

BILLING CODE 7710–FW–P 

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. 

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: olson.bethany@epa.gov. 

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: 

• Chapter 20, ‘‘Scope of Title— 

Definitions;’’ 

• Chapter 22, ‘‘Controlling 

Pollution;’’ 

• Chapter 25, ‘‘Measurement of 

Emissions;’’ and 

• 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. 


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12292 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Proposed Rules 

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, Statewide 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: 

• 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); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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 


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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Proposed Rules 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 

■ 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 revising the entries 

‘‘567–20.2,’’ ‘‘567–25.1,’’ and ‘‘567– 

28.1’’ 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 

*******

567–20.2 ............ Definitions ............... 3/15/2022 [Date of publication of the final rule in 

the Federal Register], [Federal Register citation of the final rule].

The definitions for ‘‘anaerobic lagoon,’’ 

‘‘odor,’’ ‘‘odorous substance,’’ ‘‘odorous substance source’’ are not SIP approved. 

*******

Chapter 25—Measurement of Emissions 

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

Existing Equipment.

3/15/2023 [Date of publication of the final rule in 

the Federal Register], [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 

■ 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 (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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–OLEM–2023–0470; EPA–HQ– 

OLEM–2023–0471; EPA–HQ–OLEM–2023– 

0571; EPA–HQ–OLEM–2023–0594; EPA– 

HQ–OLEM–2024–0014; FRL–11693–01– 

OLEM] 

Proposed Deletion From the National 

Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 


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