Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63887 

in all attainment and unclassifiable 

areas. 

(B) Sulfur dioxide is a precursor to 

PM2.5 in all attainment and 

unclassifiable areas. 

(C) Nitrogen oxides are presumed to 

be precursors to PM2.5 in all attainment 

and unclassifiable areas, unless the 

State demonstrates to the EPA 

Administrator’s satisfaction or EPA 

demonstrates that emissions of nitrogen 

oxides from sources in a specific area 

are not a significant contributor to that 

area’s ambient PM2.5 concentrations. 

(D) Volatile organic compounds are 

presumed not to be precursors to PM2.5

in any attainment or unclassifiable area, 

unless the State demonstrates to the 

EPA Administrator’s satisfaction or EPA 

demonstrates that emissions of volatile 

organic compounds from sources in a 

specific area are a significant 

contributor to that area’s ambient PM2.5

concentrations. 

(ii) Any pollutant that is subject to 

any standard promulgated under section 

111 of the Act; 

(iii) Any Class I or II substance subject 

to a standard promulgated under or 

established by title VI of the Act; 

(iv) Any pollutant that otherwise is 

subject to regulation under the Act. 

(v) Notwithstanding 40 CFR 

52.21(b)(50)(i) through (iv), the term 

regulated NSR pollutant shall not 

include any or all hazardous air 

pollutant either listed in section 112 of 

the Act, or added to the list pursuant to 

section 112(b)(2) of the Act, and which 

have not been delisted pursuant to 

section 122(b)(3) of the Act, unless the 

listed hazardous air pollutant is also 

regulated as a constituent or precursor 

of a general pollutant listed under 

section 108 of the Act. 

(vi) Participate matter (PM) emissions, 

PM2.5 emissions and PM10 emissions 

shall include gaseous emissions from a 

source or activity which condense to 

form particulate matter at ambient 

temperatures. On or after January 1, 

2011 (or any earlier date established in 

the upcoming rulemaking codifying test 

methods), such condensable particulate 

matter shall be accounted for in 

applicability determinations and in 

establishing emissions limitations for 

PM, PM2.5 and PM10 in PSD permits. 

Compliance with emissions limitations 

for PM, PM2.5 and PM10 issued prior to 

this date shall not be based on 

condensable particular matter unless 

required by the terms and conditions of 

the permit or the applicable 

implementation plan. Applicability 

determinations made prior to this date 

without accounting for condensable 

particular matter shall not be considered 

in violation of this section unless the 

applicable implementation plan 

required condensable particular matter 

to be included. 

(8) Ambient air increments. (i) In 

areas designated as Class I, II, or III, 

increases in pollutant concentration 

over the baseline concentration shall be 

limited to the following: 

Pollutant 

Maximum allowable increase 

(micrograms 

per cubic 

meter) 

Class I Area 

PM2.5: 

Annual arithmetic mean .. 1 

24-hr maximum ............... 2 

PM10: 

Annual arithmetic mean .. 4 

24-hr maximum ............... 8 

Sulfur dioxide: 

Annual arithmetic mean .. 2 

24-hr maximum ............... 5 

3-hr maximum ................. 25 

Nitrogen dioxide Annual 

arithmetic mean .............. 2 .5 

Class II Area 

PM2.5: 

Annual arithmetic mean .. 4 

24-hr maximum ............... 9 

PM10: 

Annual arithmetic mean .. 17 

24-hr maximum ............... 30 

Sulfur dioxide: 

Annual arithmetic mean .. 20 

24-hr maximum ............... 91 

3-hr maximum ................. 512 

Nitrogen dioxide Annual 

arithmetic mean .............. 25 

Class III Area 

PM2.5: 

Annual arithmetic mean .. 8 

24-hr maximum ............... 18 

PM10: 

Annual arithmetic mean .. 34 

24-hr maximum ............... 60 

Sulfur dioxide: 

Annual arithmetic mean .. 40 

24-hr maximum ............... 182 

3-hr maximum ................. 700 

Nitrogen dioxide Annual 

arithmetic mean .............. 50 

(ii) For any period other than an 

annual period the applicable maximum 

allowable increase may be exceeded 

during one such period per year at any 

one location. 

■ 3. Section 52.2355 is amended by 

designating the existing paragraph as 

paragraph (a) and adding paragraph (b) 

to read as follows: 

§ 52.2355 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(b) On December 3, 2007, Jon L. 

Huntsman, Jr. Governor, State of Utah, 

provided a submission to meet the 

infrastructure requirements for the State 

of Utah for the 1997 PM2.5 NAAQS. On 

April 17, 2008, M. Cheryl Heying, 

Director, Utah Department of 

Environmental Quality, provided a 

second submission to meet the 

infrastructure requirements for the State 

of Utah for the 1997 PM2.5 NAAQS. On 

September 21, 2010, M. Cheryl Heying, 

Director, Utah Department of 

Environmental Quality, provided a 

submission to meet the infrastructure 

requirements for the State of Utah for 

the 2006 PM2.5 NAAQS. The State’s 

Infrastructure SIP is approved with 

respect to the 1997 and 2006 PM2.5

NAAQS with respect to CAA section 

110(a)(1) and the following elements of 

section 110(a)(2): (A), (B), (C) with 

respect to PSD and minor NSR 

requirements, (D)(i)(II) with respect to 

PSD requirements, (E)(i), (E)(iii), (F), (G), 

(H), (J), (K), (L), and (M). 

[FR Doc. 2013–24889 Filed 10–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 62, and 70 

[EPA–R07–OAR–2012–0410; FRL 9901–65– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; Approval and 

Promulgation of State Air Quality Plans 

for Designated Facilities and 

Pollutants, State of Iowa; Control of 

Emissions From Existing Hospital/

Medical/Infectious Waste Incinerator 

Units, Negative Declaration and 111(d) 

Plan Rescission; Approval and 

Promulgation of Operating Permits 

Program, State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving, through 

direct final rulemaking, revisions to the 

State of Iowa’s State Implementation 

Plan (SIP), Title V program, and Clean 

Air Act (CAA) section 111(d) plan. The 

purpose of these revisions is to make 

general updates to existing state air 

quality rules, approve an exemption 

from constructing permitting for engines 

used in periodic pipeline testing, 

approve changes to state rules regarding 

regional haze requirements, and to 

approve adoption of Federal regulations 

including the National Ambient Air 

Quality Standards (NAAQS) for 2008 

Ozone, 2008 Lead, and 2010 Nitrogen 

Dioxide. EPA is approving the SIP 


emcdonald on DSK67QTVN1PROD with RULES
63888 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

1 77 FR 38006. 

provisions pursuant to section 110 of 

the CAA. 

EPA is also taking direct final action 

to approve a Hospital Medical Infectious 

Waste Incinerators (HMIWI) section 

111(d) negative declaration from the 

State of Iowa which certifies that 

HMIWIs, subject to the requirements of 

sections 111(d) and 129 of the CAA, do 

not exist in the State; and approving the 

rescission of its section 111(d)/129 plan 

and emission guidelines for HMIWI 

units. EPA is approving these actions 

pursuant to section 111 of the CAA. 

EPA is also approving two minor 

administrative changes to the Title V 

program, pursuant to section 500 of the 

CAA. 

DATES: This rule is effective December 

24, 2013, without further notice, unless 

EPA receives adverse comment by 

November 25, 2013. 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–2012–0410, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: jay.michael@epa.gov. 

3. Mail or Hand Delivery: Michael Jay, 

Environmental Protection Agency, Air 

Planning and Development Branch, 

11201 Renner Blvd., Lenexa, KS, 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2012– 

0410. 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 at 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Blvd., Lenexa, KS, 66219. 

The Regional Office’s official hours of 

business are Monday through Friday, 

8:00 to 4:30 excluding Federal 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: 

Michael Jay at (913) 551–7460, or by 

email at jay.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ’’us,’’ 

or ‘‘our’’ refer to the EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. What part 52 revisions are being approved 

by EPA? 

III. What part 62 revisions are being approved 

by EPA? 

IV. What part 70 revisions are being 

approved by EPA? 

V. What final action is EPA taking? 

VI. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

On March 7, 2008, EPA Region 7 

received a submission from the Iowa 

Department of Natural Resources (IDNR) 

requesting revisions to Iowa’s Federallyapproved SIP. These revisions made 

changes to Chapter 22, ‘‘Controlling 

Pollution,’’ of the Iowa Administrative 

Code (IAC), promulgated by the Iowa 

Environmental Protection Commission 

(EPC). EPA took action on a portion of 

this plan submittal on June 26, 2012; 1

EPA is taking direct final action on 

remaining portions of this submittal in 

today’s action. 

On January 11, 2010, EPA Region 7 

received a submission from IDNR 

requesting revisions to Iowa’s Federallyapproved SIP and Title V program 

including changes to Chapter 20, 

‘‘Scope of Title—Definitions—Forms— 

Rules of Practice,’’ Chapter 22, 

‘‘Controlling Pollution,’’ Chapter 23, 

‘‘Emission Standards for 

Contaminants,’’ Chapter 25, 

‘‘Measurement of Emissions,’’ Chapter 

28, ‘‘Ambient Air Quality Standards,’’ 

and Chapter 33, ‘‘Special Regulations 

and Construction Permit Requirements 

for Major Stationary Sources— 

Prevention of Significant Deterioration 

(PSD) of Air Quality.’’ EPA is taking 

direct final action to approve revisions 

to these chapters in today’s action. Also 

included in the submittal were revisions 

to Chapter 23, ‘‘Emission Standards for 

Contaminants,’’ which we are not acting 

on today, and will address in a separate 

action. 

On March 1, 2011, EPA Region 7 

received a submittal from the IDNR 

requesting revisions to Iowa’s Federallyapproved SIP and 111(d) plan, 

including changes to Chapter 24, 

‘‘Excess Emissions,’’ Chapter 28, 

‘‘Ambient Air Quality Standards,’’ and 

changes to Chapter 23, ‘‘Emission 

Standards.’’ EPA is taking direct final 

action to approve these changes in 

today’s action. 

II. What part 52 revisions are being 

approved by EPA? 

EPA is approving changes to Chapter 

22.9 related to the State’s plan for 

Regional Haze. EPA took final action on 

the State’s Regional Haze plan on June 

26, 2012 (77 FR 38006), but 

inadvertently failed to act on changes to 

the state rules. These changes include 

adding definitions for Best Available 

Retrofit Technology (BART), deciview, 

and mandatory Class I area, as well as 

establishing procedures for how IDNR 

will notify source owners or operators 

about BART status, and establishing 

provisions for how IDNR may request a 

BART analysis from sources. 

EPA is approving changes to the 

definitions of Volatile Organic 

Compounds (VOCs) in Chapter 20 and 

33. These changes update the state rules 

to make them consistent with the 

Federal definitions as of January 21, 

2009. 

EPA is approving changes to several 

chapters which update the zip code for 

the IDNR Air Quality Bureau Offices. 

The offices remain in the current 

location; however, a ZIP code change for 

the current location took effect on July 

1, 2009. 


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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63889 

2 73 FR 16436, March 27, 2008. 

3 73 FR 66964, November 12, 2008. 

4 75 FR 6474, February 9, 2010. 

EPA is approving an exemption from 

construction permitting in Chapter 22.1 

for certain temporary diesel engines 

used in periodic testing and 

maintenance of natural gas pipelines. 

The exemption contains conditions to 

ensure that engine emissions will not 

exceed the emission limits currently 

allowed under the State’s small unit 

exemption. 

EPA is approving changes to Chapter 

24 which allow for initial reports of 

excess emissions to be made via 

electronic mail (email). Facility owners 

and operators are still allowed to make 

initial reports in person or by telephone. 

Owners or operators must still follow up 

their initial report with a written, hardcopy report. 

EPA is approving minor changes to 

IDNR’s stack testing notifications and 

test protocols in Chapter 25.1 which 

clarify IDNR’s procedures. 

EPA is approving Iowa’s amendments 

to Chapter 28, to include the adoption 

by reference of the NAAQS for 2008 

Ozone 2, 2008 Lead 3, and 2010 Nitrogen 

Dioxide 4 into Iowa’s Federallyapproved SIP. States are not required to 

adopt ambient air quality standards, but 

are required to implement the standards 

adopted by EPA pursuant to section 110 

of the CAA. Iowa has adopted standards 

which are consistent with the EPA 

standards, and therefore this revision to 

update the state standards is 

approvable. 

III. What part 62 revisions are being 

approved by EPA? 

Section 111(d) of the CAA requires 

states to submit plans to control certain 

pollutants (designated pollutants) at 

existing facilities (designated facilities) 

whenever standards of performance 

have been established under section 

111(b) for new sources of the same type, 

and EPA has established emission 

guidelines for such existing sources. A 

designated pollutant is any pollutant for 

which no air quality criteria have been 

issued, and which is not included on a 

list published under section 108(a) or 

section 112(b)(1)(A) of the CAA, but 

emissions of which are subject to a 

standard of performance for new 

stationary sources. 

EPA originally promulgated emission 

guidelines for existing HMIWI in 1997, 

in accordance with sections 111 and 129 

of the Act. EPA codified revised 

regulations at 40 CFR part 60, subpart 

Ce. A HMIWI unit as defined in 40 CFR 

60.51c is any device that combusts any 

amount of hospital waste and/or 

medical/infectious waste. Under section 

129(b)(2) of the Act and the revised 

guidelines at subpart Ce, states with 

subject sources must submit to EPA 

plans that implement the Emission 

Guidelines. 

Subpart B of 40 CFR part 60 

establishes procedures to be followed 

and requirements to be met in the 

development and submission of state 

plans for controlling designated 

pollutants. 40 CFR part 62 provides the 

procedural framework for the 

submission of these plans. As 

aforementioned, when designated 

facilities are located in a state, a state 

must develop and submit a plan for the 

control of the designated pollutant. 

However, 40 CFR 62.06 provides that 

if there are no existing sources of the 

designated pollutant in the state, the 

state may submit a letter of certification 

to that effect, or negative declaration, in 

lieu of a plan. The negative declaration 

exempts the state from the requirement 

to develop a plan meeting the 

requirements of subpart Ce. 

The State of Iowa HMIWI plan and 

related state rule were approved by EPA 

on June 17, 1999, and codified in 40 

CFR Part 62, subpart Q. (64 FR 32427) 

Since that time, the two designated 

incinerator facilities in Iowa subject to 

the plan have been dismantled, 

according to documentation submitted 

by IDNR. 

Therefore, on March 1, 2011, EPA 

received a submittal from IDNR 

requesting EPA approval of a negative 

declaration for HMIWI and requesting 

EPA to approve Iowa’s revocation of the 

prior 111(d) plan for HMIWI units in 

Iowa. The state submittal included 

supplemental documentation about the 

dismantling and removal of the 

previously-affected HMIWI, the name of 

each designated facility that has been 

permanently shutdown, and the year it 

was dismantled. 

Pursuant to the authority of Iowa 

Code section 455B.133, the Iowa 

Environmental Protection Commission 

amended the 111(d) plan to remove the 

emission guidelines for existing HMIWI 

in Chapter 23, ‘‘Emission Standards for 

Contaminants,’’ paragraph 23.1 (5) ‘‘b’’ 

of the Iowa Administrative Code. EPA 

requested that Iowa verify that 

amendments to EPA’s original 1997 

HMIWI requirements finalized in 2009 

and 2011 did not affect Iowa’s negative 

declaration (74 FR 51367 and 76 FR 

18407). IDNR submitted documentation 

on May 28, 2013, reaffirming that these 

amendments to the rule did not impact 

their negative declaration that 

determined no units within the state are 

subject to the emissions guidelines of 

HMIWI. EPA is approving the rescission 

of the emission guidelines and 111 (d) 

plan for existing HMIWI. 

IV. What part 70 revisions are being 

approved by EPA? 

EPA is approving two changes to 

IDNR’s Title V program. One change is 

the updating of the Air Quality Bureau’s 

zip code, as previously stated; the other 

is to approve a change to the 

requirements for submitting a Title V 

operating permit application. Facility 

owners or operators submitting 

electronic applications are no longer 

required to also submit a hard copy 

application to EPA Region 7, as EPA 

now has access to IDNR’s Title V 

database, which allows EPA to review 

electronic copies of applications. 

For clarification, the revision to 

remove the requirement that facilities 

submit a hard copy application to EPA 

does not pertain or otherwise interfere 

with the independent obligations the 

state is responsible for under the CrossMedia Electronic Reporting Rule 

(CROMERR) found at 40 CFR Part 3. As 

stated in 74 FR 68692, EPA is not acting 

on the revision to Iowa Administrative 

Code 567–22.105(1) that allows facility 

owners or operators to submit an 

electronic Title V operating permit 

application until the State obtains 

approval from EPA that its electronic 

document receiving system is consistent 

with CROMERR. 

V. What final action is EPA taking? 

EPA is taking final action to approve 

changes to Chapter 22.9 related to the 

State’s plan for Regional Haze. 

EPA is taking final action to approve 

changes to the definitions of Volatile 

Organic Compounds (VOCs) in Chapter 

20 and 33. 

EPA is taking final action to approve 

changes to several chapters which 

update the zip code for the IDNR Air 

Quality Bureau Offices. 

EPA is taking final action to approve 

an exemption from construction 

permitting in Chapter 22.1 for certain 

temporary diesel engines used in 

periodic testing and maintenance of 

natural gas pipelines. 

EPA is taking final action to approve 

changes to Chapter 24 which allow for 

initial reports of excess emissions to be 

made via email. 

EPA is taking final action to approve 

minor changes to IDNR’s stack testing 

notifications and test protocols in 

Chapter 25.1. 

EPA is taking final action to approve 

amendments to Chapter 28, to include 

the adoption by reference of the NAAQS 

for 2008 Ozone, 2008 Lead, and 2010 

Nitrogen Dioxide into Iowa’s Federallyapproved SIP. 


emcdonald on DSK67QTVN1PROD with RULES
63890 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

EPA is taking final action to amend 

Iowa’s 111(d) plan for HMIWI units to: 

(1) approve Iowa’s negative declaration 

and (2) approve Iowa’s revocation of the 

111(d) plan for HMIWI units in Iowa. 

However, if an affected Iowa HMIWI 

unit is discovered in the State of Iowa 

in the future, all the requirements of the 

Federal plan (including revisions or 

amendments), part 62, subpart HHH, 

will be applicable to the affected unit, 

until Iowa adopts and EPA approves a 

new plan to address such unit. 

EPA is taking final action to approve 

two changes to IDNR’s Title V program, 

updating of the Air Quality Bureau’s zip 

code, and removing the requirement to 

submit a hard-copy application to EPA 

Region 7. 

EPA is processing these actions in a 

direct final action because the revisions 

make routine changes to the existing 

rules which are noncontroversial. 

Therefore, we do not anticipate any 

adverse comments. Please note that if 

EPA receives adverse comment on part 

of this rule and if that part can be 

severed from the remainder of the rule, 

EPA may adopt as final those parts of 

the rule that are not the subject of an 

adverse comment. 

VI. 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. 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

For this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. This action also merely 

approves a state negative declaration as 

meeting Federal requirements and 

imposes no additional requirements. 

The State’s negative determination is a 

determination that there are no sources 

in the State subject to the emission 

guidelines; therefore, a 111(d) plan is 

not needed. 

Accordingly, the Administrator 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this rule 

approves a state negative declaration, 

withdrawal of prior 111(d) plan, and 

approves pre-existing requirements 

under state law, and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and approves a 

negative declaration and 111(d) plan 

revocation, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. 

In reviewing state submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA when it reviews a state submission, 

to use VCS in place of a state 

submission that otherwise satisfies the 

provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. Additionally, in 

reviewing section 111(d)/129 plan 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. In this context, 

in the absence of a prior existing 

requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

111(d)/129 plan submission for failure 

to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a 111(d)/129 plan 

submission, to use VCS in place of a 

111(d)/129 plan submission that 

otherwise satisfies the provisions of the 

CAA. The requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

This rule also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) because it approves state 

rules implementing Federal standards 

and a state negative declaration as 

required by Federal regulations. This 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). Burden is 

defined at 5 CFR 1320.3(b). 

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 rule 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 December 24, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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. 

Parties with objections to this direct 

final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63891 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the final rulemaking. 

This action, including the SIP 

revisions and approval of the State of 

Iowa section 111(d)/129 negative 

declaration and rescission of the HMIWI 

plan may not be challenged later in 

proceedings to enforce its requirements 

(See section 307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Lead, Nitrogen dioxide. 

40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfur acid plants, Waste 

treatment and disposal. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: September 6, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

40 CFR Parts 52, 62, and 70 are 

amended as follows: 

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. Section 52.820 table in paragraph 

(c) is amended by revising the entries 

for ‘‘567–20.2’’, ‘‘567–20.3’’, ‘‘567– 

22.1’’, ‘‘567–22.3’’, ‘‘567–22.9’’, ‘‘567– 

22.203’’, ‘‘567–22.209’’, ‘‘567–22.300’’, 

‘‘567–23.1’’, ‘‘567–24.1’’, ‘‘567–25.1’’, 

‘‘567–28.1’’, and ‘‘567–33.3’’ 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—Forms—Rule of Practice 

*******

567–20.2 ......... Definitions ..................................................... 11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

567–20.3 ......... Air Quality Forms Generally ......................... 11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

Chapter 22—Controlling Pollution 

567–22.1 ......... Permits required for New or Existing Stationary Source.11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

567–22.3 ......... Issuing Permits ............................................. 11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

567–22.9 ......... Special Requirements for Visibility Protection.11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

567–22.203 ..... Voluntary Operating Permit Applications ...... 11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

567–22.209 ..... Change of Ownership for Facilities With 

Voluntary Operating Permits.

11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

567–22.300 ..... Operating Permit by Rule for Small Sources 11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

Chapter 23—Emission Standards for Contaminants 

567–23.1 ......... Emission Standards ...................................... 11/24/10 10/25/13 [insert Federal Register page 

number where the document begins].


emcdonald on DSK67QTVN1PROD with RULES
63892 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa citation Title State effective 

date EPA approval date Explanation 

*******

Chapter 24—Excess Emissions 

567–24.1 ......... Excess Emission Reporting .......................... 11/24/10 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

Chapter 25—Measurement of Emissions 

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

Equipment.

11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

Chapter 28—Ambient Air Quality Standards 

567–28.1 ......... Statewide Standards .................................... 11/24/10 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant 

Deterioration (PSD) of Air Quality 

*******

567–33.3 ......... Purpose ........................................................ 11/11/09 10/25/13 [insert Federal Register page 

number where the document begins].

* * * * * * * 

* * * * * 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 3. The authority citation for part 62 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 4. Section 62.3914 is revised to read 

as follows: 

§ 62.3914 Identification of plan—negative 

declaration. 

(a) Identification of plan—negative 

declaration. Letter from the Iowa 

Department of Natural Resources, 

submitted March 1, 2011, certifying that 

there are no Hospital Medical Infectious 

Waste Incinerators subject to 40 CFR 

part 60, subpart Ce of this chapter. 

Submission included a negative 

declaration, supporting state 

documentation, and request for EPA 

withdrawal of EPA’s prior plan approval 

for HMIWI Units. 

(b) Effective date. The effective date of 

the negative declaration and EPA 

withdrawal of the prior plan approval is 

December 24, 2013. 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 5. The authority citation for part 70 

continues to read as follows: 

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

■ 6. Appendix A to Part 70 is amended 

by adding paragraph (n) under ‘‘Iowa’’ 

to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Program 

* * * * * 

Iowa 

* * * * * 

(n) The Iowa Department of Natural 

Resources submitted for program approval a 

revision to 567–22.105(1) on January 11, 

2010. The State effective date was November 

11, 2009. These revisions to the Iowa 

program, are approved effective December 

24, 2013. 

* * * * * 

[FR Doc. 2013–24864 Filed 10–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 121126649–3347–02] 

RIN 0648–BC79 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Monkfish 

Fishery; Emergency Action Extension 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action extended. 

SUMMARY: Pursuant to its emergency 

authority, NMFS extends and revises an 

emergency action that temporarily 

suspended and modified monkfish 

landing limits for vessels issued a 

Federal limited access monkfish 

Category C or D fishing under a 

Northeast multispecies day-at-sea, or 

both a Northeast multispecies and 

monkfish day-at-sea, in the monkfish 

Northern Fishery Management Area. 


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