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[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Rules and Regulations]
[Pages 39585-39587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14282]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0280; FRL-9947-81-Region 7]

Approval of Iowa's State Implementation Plan (SIP); Definition of 
Greenhouse Gas and Prevention of Significant Deterioration (PSD) 
Plantwide Applicability Limits (PALs) Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two SIP 
revisions submitted by the State of Iowa. First, EPA is approving the 
definition of greenhouse gas, which will make the state's definition 
consistent with the Federal definition, and add greenhouse gases to 
emission inventory requirements. Second, EPA is approving Iowa's 
revision to its Prevention of Significant Deterioration (PSD) program, 
specifically to the definition of ``subject to regulation,'' and to 
adopt by reference the most recent Federal plantwide applicability 
limitations (PALs) provisions.

DATES: This direct final rule is effective August 16, 2016, without 
further notice, unless EPA receives adverse comment by July 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-2016-0280, 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. 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'' refers to EPA.

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?

    EPA is approving into the Iowa SIP the definition of greenhouse gas 
which is consistent with the Federal definition, and approving the 
requirement for facilities to include greenhouse gases in the emissions 
inventory. On November 4, 2008, Iowa submitted a SIP revision to EPA 
for several administrative revisions, including the request to amend 
the definition of greenhouse gas, and to include greenhouse gases for 
the purposes of emissions inventories. On December 9, 2009 (74 FR 
68692), EPA approved many portions of the SIP revisions, but we did not 
act on either of these particular provisions.
    EPA is also approving revisions to the Iowa Prevention of 
Significant Deterioration (PSD) program rules to revise the definition 
of ``subject to regulation,'' by citing the most recent Federal 
reference to the greenhouse gas definition, and adding a sentence to 
clarify that the stationary source shall not be subject to regulation 
if the total sourcewide emissions are below the greenhouse gas 
plantwide applicability limitations (PALs) and meet the requirements in 
Iowa Administrative Code (IAC) 567-33.9(455B) (also being revised with 
this action), and the source complies with the PALs permit containing 
the greenhouse gases PALs.
    IAC 567-33.9(455B), ``Plantwide Applicability Limitations,'' is 
being revised to adopt by reference to cite the Federal regulations as 
of July 12, 2012, except that the term ``Administrator''

[[Page 39586]]

will mean ``the department of natural resources.''
    Additional information for this rulemaking can be found in the 
Technical Support Document located in this docket.

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. Public hearings were 
conducted for each of the submissions and no comments were received. 
The submission also satisfied the completeness criteria of 40 CFR part 
51, appendix V. In addition, as explained 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?

    With this direct final action, the greenhouse gas definition is 
being added to the Iowa SIP as it is consistent with the Federal 
definition. Greenhouse gases are also included as applied to emissions 
inventories.
    EPA is also approving into the Iowa SIP revisions to the PSD 
program rules, specifically revising the definition of ``subject to 
regulation.'' This revision also adopts by reference the Federal PAL 
provision for greenhouse gases. (77 FR 41051).
    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 to approve the SIP revision if relevant 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

    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 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 August 16, 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, Greenhouse gases, 
Incorporation by reference, Reporting and recordkeeping requirements.

    Dated: June 3, 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. In Sec.  52.820, amend the table in paragraph (c) by revising the 
entries for 567-20.2, 567-21.1, 567-33.3, and 567-33.9 to read as 
follows:

Sec.  52.820  Identification of Plan.

* * * * *
    (c) * * *

[[Page 39587]]

                                          EPA-Approved Iowa Regulations
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                                                         State
       Iowa citation                 Title          effective date    EPA approval date         Explanation
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                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                                  * * * * * * *
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                        Chapter 20--Scope of Title--Definitions--Forms--Rules of Practice
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                                                  * * * * * * *
567-20.2...................  Definitions..........          5/7/08  6/17/16 and [Insert    The definitions for
                                                                     Federal Register       anaerobic lagoon,
                                                                     citation].             odor, and odorous
                                                                                            substance are not
                                                                                            SIP approved.
 
                                                  * * * * * * *
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                                             Chapter 21--Compliance
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567-21.1...................  Compliance Schedule..          5/7/08  6/17/16 and [Insert    .....................
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
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Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
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                                                  * * * * * * *
567-33.3...................  Special Construction          7/17/13  6/17/16 and [Insert    .....................
                              Permit Requirements                    Federal Register
                              for Major Stationary                   citation].
                              Sources in Areas
                              Designated
                              Attainment or
                              Unclassified (PSD).
567-33.9...................  Plantwide                     7/17/13  6/17/16 and [Insert    .....................
                              Applicability                          Federal Register
                              Limitations.                           citation].
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[FR Doc. 2016-14282 Filed 6-16-16; 8:45 am]
 BILLING CODE 6560-50-P
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