44870 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State 

effective date 

EPA 

Approval date 

Federal Register 

citation Explanation 

*******

Supplement Maintenance Plan for the 

Charlotte Area, NC 2008 8-hour Ozone 

Maintenance Area and RVP Standard.

4/16/2015 7/28/2015 [insert Federal Register citation].Provides the non-interference demonstration for revising the Federal Low-Reid 

Vapor Pressure requirement for the 

Charlotte Area, NC. 

[FR Doc. 2015–18343 Filed 7–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0357; FRL–9931–33- 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Iowa; Revisions to Linn County Air 

Quality Ordinance 

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. The purpose of these 

revisions is to update the Linn County 

Air Quality Ordinance, Chapter 10. 

These revisions reflect updates to the 

Iowa statewide rules previously 

approved by EPA and will ensure 

consistency between the applicable 

local agency rules and Federallyapproved rules. 

DATES: This direct final rule will be 

effective September 28, 2015, without 

further notice, unless EPA receives 

adverse comment by August 27, 2015. 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–2015–0357, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Hamilton.heather@epa.gov. 

3. Mail or Hand Delivery: Heather 

Hamilton, 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–2015– 

0357. 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 a.m. to 4:30 p.m. 

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: 

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? 

IV. Statutory and Executive Order Reviews 

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, Linn 

County Air Quality Ordinance, Chapter 

10, as a revision to the SIP. In order for 

the local program’s ‘‘Air Quality 

Ordinance’’ 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 


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Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 44871 

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 May 4, 

2015. The revisions were adopted by the 

local agency on January 28, 2015, and 

became effective on January 30, 2015. 

EPA is approving the requested 

revisions to the Iowa SIP relating to the 

following: 

• Chapter 10.1 ‘‘Purpose and Ambient 

Air Quality Standards’’; 

• Chapter 10.2 ‘‘Definitions’’; 

• Chapter 10.5 ‘‘Locally Required 

Permits’’; 

• Chapter 10.6 ‘‘Permit Fees’’; 

• Chapter 10.8 ‘‘Emissions from FuelBurning Equipment’’; 

• Chapter 10.12 ‘‘Sulfur 

Compounds’’; 

• Chapter 10.13 ‘‘Fugitive Dust,’’ and, 

• Chapter 10.17 ‘‘Testing and 

Sampling of New and Existing 

Equipment.’’ 

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 

the completeness criteria of 40 CFR part 

51, appendix V. 

III. What action is EPA taking? 

We are taking direct final action to 

approve the amendments to the Linn 

County Air Quality Ordinance, Chapter 

10. The local agency routinely revises 

its ‘‘Air Quality Ordinance’’ regulations 

to be consistent with the Federallyapproved Iowa Administrative Code and 

are revised as follows: 

Chapter 10.1, ‘‘Purpose and Ambient 

Air Quality Standards’’ is revised to cite 

the cross reference to state-approved 

rules at (455B). 

Chapter 10.2, ‘‘Definitions’’ is revised 

to add ‘‘major modification,’’ 

‘‘replacement unit,’’ and to revise the 

definitions of ‘‘regulated New Source 

Review (NSR) pollutant,’’ ‘‘significant,’’ 

and ‘‘untreated.’’ Punctuation and 

grammar corrections were made to the 

definitions of ‘‘Emissions Unit,’’ 

‘‘Responsible Official,’’ and ‘‘Startup.’’ 

Chapter 10.5, ‘‘Locally Required 

Permits,’’ includes revisions to 10.5(9), 

‘‘Exemptions from the Authorization to 

Install Permit and Permit to Operate 

Requirements.’’ For the purposes of this 

publication, the exemptions are 

abbreviated but can be found in their 

entirety in the Technical Support 

Document included in the rulemaking 

docket: f. The equipment in laboratories, 

n. Asbestos demolition and renovation 

projects, u. Incinerators and pyrolysis 

cleaning furnaces, dd. Production 

welding, and ee. Electric hand 

soldering, wave soldering and electric 

solder paste reflow ovens. The following 

exemptions have been added with this 

rulemaking: mm. Equipment related to 

research and development activities at a 

stationary source, and, nn. A non-road 

diesel fueled engine as defined in 40 

CFR 1068.30 and as amended through 

October 8, 2008. 

Chapter 10.6, ‘‘Permit Fees,’’ is 

revised for administrative corrections to 

the fourth paragraph of item 2. ‘‘Annual 

Fee for Permit to Operate.’’ 

Chapter 10.8, ‘‘Emissions from FuelBurning Equipment,’’ ‘‘d’’ has been 

removed in its entirety as it refers to the 

State of Iowa Compliance Sampling 

Manual which is now obsolete. 

Chapter 10.12, ‘‘Sulfur Compounds,’’ 

item 2, ‘‘Other Processes Capable of 

Emitting Sulfur Dioxide’’ is revised to 

add a sentence that the paragraph shall 

not apply to devices which have been 

installed for air pollution abatement 

purposes where it is demonstrated by 

the owner of the source that the ambient 

air quality standards are not being 

exceeded. 

Chapter 10.13, ‘‘Fugitive Dust’’ item 1, 

‘‘Attainment and Unclassified Areas,’’ is 

revised to add that a person shall take 

reasonable precautions to prevent 

particulate matter from becoming 

airborne in quantities sufficient to cause 

a nuisance as defined in Iowa Code 

section 657.1 when the person allows, 

causes or permits any materials to be 

handled, transported or stored or a 

building, its appurtenances or a 

construction haul road to be used, 

constructed, altered, repaired or 

demolished. This does not apply to 

farming operations or dust generated by 

ordinary travel on unpaved roads. The 

revision further states what ordinary 

travel includes, and the public highway 

authority shall be responsible for taking 

corrective action in cases where said 

authority has received complaints. 

Chapter 10.13, ‘‘Fugitive Dust’’ item 2, 

‘‘Nonattainment Areas’’ is revised for 

administrative changes for clarification. 

Chapter 10.17, ‘‘Testing and Sampling 

of New and Existing Equipment,’’ is 

revised for administrative, grammar, 

and punctuation corrections for 

clarification as follows: Item 1, 

‘‘Continuous Monitoring of Opacity 

from Coal-Fired Steam Generating 

Units,’’ item 5, ‘‘Maintenance of Records 

of Continuous Monitors,’’ item 6, 

‘‘Reporting of Continuous Monitoring 

Information,’’ item 7, ‘‘Tests by Owner,’’ 

item 8, ‘‘Tests by Department,’’ item 9, 

‘‘Methods and Procedures,’’ and item 

10, ‘‘Exemptions from Continuous 

Monitoring Requirements.’’ 

Chapter 10.17, item 7, ‘‘Tests by 

Owner’’ is also revised to clarify when 

pretest meetings should be conducted 

and to clarify reporting requirements. 

Item 9, ‘‘Methods and Procedures,’’ is 

revised to cite the cross reference to 

state-approved rules as they apply to 

permit and compliance demonstration 

requirements. 

As previously mentioned, additional 

information on the details of the Linn 

County Air Quality Ordinance revisions 

can be found in the Technical Support 

Document in the docket for this action. 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule 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. 

Statutory and Executive Order Reviews 

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 Iowa Regulations for 

Chapter 10 Linn County Air Quality 

Ordinance, 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/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

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); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 


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44872 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 

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 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 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). 

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 

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 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 September 28, 

2015. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 17, 2015. 

Mark Hague, 

Acting 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 

■ 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 entry for 

‘‘Chapter 10’’ under the heading ‘‘Linn 

County’’ to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 44873 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title State effective 

date EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

*******

Linn County 

Chapter 10 .......................... Linn County Air Quality 

Ordinance, Chapter 

10.

1/30/15 7/28/15 and [Insert 

Federal Register citation].

The following definitions are not SIP-approved 

in Chapter 10.2; Anaerobic lagoon, Biomass, Chemical processing plants (ethanol 

production facilities that produce ethanol by 

natural fermentation included in NAICS 

code 325193 or 312140 are not included in 

this definition); Federally Enforceable; 

Greenhouse gases; Maximum Achievable 

Control Technology (MACT); MACT floor. 

The following sections are not SIP approved: 10.4(1), Title V Permits; 10.5(9)‘‘b’’ 

Locally Required Permits; Exemptions from 

the Authorization to Install Permit to Operate Requirements; 10.5(9) ‘‘ll’’, Exemption 

for production painting, adhesive or coating 

units; 10.8(2)‘‘b’’ Emissions From FuelBurning Equipment; Emission Limitation; 

10.8(3) Emissions From Fuel-Burning 

Equipment; Exemptions for Residential 

Heaters Burning Solid Fuels; 10.8(4) Emissions from Fuel-Burning Equipment; Nuisance Conditions for Fuel Burning Equipment; 10.9(2), NSPS; 10.9(3), Emission 

Standards for HAPs; 10.9(4), Emission 

Standards for HAPs for Source Categories; 

10.10(4) Variance from rules; 10.11, Emission of Objectionable Odors; 10.15, 

Variances, 10.17(13) Continuous Emissions 

Monitoring from Acid Rain Program, and 

10.24, Penalty. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–18346 Filed 7–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2015–0275; FRL–9931–28– 

Region 4] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas; North Carolina; 

Redesignation of the Charlotte-Rock 

Hill, 2008 8-Hour Ozone Nonattainment 

Area to Attainment 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking three separate 

final actions related to a state 

implementation plan (SIP) revision 

submitted by the State of North 

Carolina, through the North Carolina 

Department of Environment and Natural 

Resources, Department of Air Quality 

(NC DAQ), on April 16, 2015. These 

final actions are for the North Carolina 

portion of the bi-state Charlotte-Rock 

Hill, North Carolina-South Carolina 

2008 8-hour ozone nonattainment area 

(hereinafter referred to as the ‘‘bi-state 

Charlotte Area’’ or ‘‘Area’’). The bi-state 

Charlotte Area consists of Mecklenburg 

County in its entirety and portions of 

Cabarrus, Gaston, Iredell, Lincoln, 

Rowan and Union Counties, North 

Carolina; and a portion of York County, 

South Carolina. Regarding South 

Carolina’s request to redesignate the 

South Carolina portion of the Area and 

its maintenance plan for the 2008 8- 

hour ozone NAAQS, EPA will address 

this in a separate action. In the three 

actions for the North Carolina bi-state 

Charlotte Area, EPA determines that the 

bi-state Charlotte Area is attaining the 

2008 8-hour ozone National Ambient 

Air Quality Standards (NAAQS); 

approves and incorporates the State’s 

plan for maintaining attainment of the 

2008 8-hour ozone standard in the Area, 

including the 2014 and 2026 sub-area 

motor vehicle emission budgets 

(MVEBs) for nitrogen oxides (NOX) and 

volatile organic compounds (VOC) for 

the North Carolina portion of this Area 

into the SIP; and redesignates the North 

Carolina portion of the bi-state Charlotte 

Area to attainment for the 2008 8-hour 

ozone NAAQS. Additionally, EPA finds 

the 2014 and 2026 sub-area MVEBs for 

the North Carolina portion of the bistate Charlotte Area adequate for the 

purposes of transportation conformity. 

DATES: This rule will be effective August 

27, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0275. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 


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