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[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Rules and Regulations]               
[Page 10182-10184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr10-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2010-0011; FRL-9122-4]

 
Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Iowa State Implementation Plan (SIP) submitted by the State on April 
28, 2009. The purpose of these revisions is to update existing air 
quality rules; make corrections, clarifications and improvements; and 
to add information with regard to the application of permit exemptions. 
EPA is approving the SIP revisions pursuant to section 110 of the Clean 
Air Act.

DATES: This direct final rule will be effective May 4, 2010, without 
further notice, unless EPA receives adverse comment by April 5, 2010. 
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-2010-0011, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: casburn.tracey@epa.gov.
    3. Mail or Hand Delivery: Tracey Casburn, Environmental Protection 
Agency, Air Planning and Development Branch, 901 North 5th Street, 
Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2010-0011. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 http://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 http://www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's 
official hours of business are Monday through Friday, 8 a.m. to 4:30 
p.m. excluding Federal holidays. Interested persons wanting to examine 
these documents should make an appointment with the office at least 24 
hours in advance.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn at (913) 551-7016, or 
by e-mail at casburn.tracey@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 revisions is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The State has revised Chapter 22 of the State air pollution control 
rules promulgated by the State's Environmental Protection Commission. 
EPA is approving the revisions described below for the reasons 
discussed in this document.

II. What revisions is EPA approving?

    The State made revisions to Chapter 22, ``Controlling Pollution,'' 
to clarify the terms and conditions of permit exemptions for certain 
internal combustion engines and spray booths. Those revisions are 
described in this document.
    The State added a requirement to Iowa Rule 567-22.1(2)``r'' that 
the owner or operator of an internal combustion engine with a brake 
horsepower of less than 400, measured at the shaft, must submit a 
certification to the Iowa Department of Natural Resources that the 
engine is in compliance with Federal New Source Performance Standards 
listed at 40 CFR Part 60, Subpart IIII or Subpart JJJJ and Federal 
National Emission Standards for Hazardous Air Pollutants (NESHAPS) 
listed at 40 CFR Part 63, Subpart ZZZZ.
    The State amended Iowa Rule 567-22.8(1) to add clarification that 
the facilities, which spray one gallon per day or less of sprayed 
material on a facility-wide basis, are exempt from all other 
requirements of Iowa Rule 567-22 with the exception that the owner or 
operator must adhere to record keeping requirements specified in the 
rule for the sprayed material. The revision also requires that the 
owner or operator must certify that the facility is in compliance with 
or otherwise exempt from the Federal regulations specified in Iowa Rule 
567-22.8(1)``e'' (the NESHAPS for paint stripping and surface coating 
at area sources, and the NESHAPS for metal fabricating and finishing at 
area sources).
    The State added amendments to the same rule clarifying that 
facilities, which spray more than one gallon per day but never more 
than three gallons per day on a facility-wide basis, are exempt from 
all other requirements of Iowa State Rule 567-22 except the owner or 
operator must adhere to certification, recordkeeping and emissions 
venting requirements as identified in the rule. The State added a 
requirement that the owner or operator must certify that the facility 
is in compliance with or otherwise exempt from the Federal regulations 
specified in Iowa Rule 567-22.8(1)``e'' (described above).

[[Page 10183]]

    The State added language clarifying that facilities, which spray 
more than three gallons per day on a facility-wide basis, are not 
eligible to use the permit by rule for spray booths and must apply for 
a construction permit as required by subrules 567-22.1(1) and 567-
22.1(3) unless otherwise exempt.
    The State added language explaining its requirements for the 
``Notification Letter.'' Facilities which claim to be permitted by 
provisions of the rule must submit a notification letter, on forms 
provided by the State, certifying that the facility meets the following 
requirements:
    (1) All paint booths and associated equipment are in compliance 
with the provisions of Iowa Rule 567-22.8(1);
    (2) All paint booths and associated equipment are in compliance 
with all applicable requirements, including but not limited to, the 
allowable particulate emission rate for painting and surface coating 
operations of 0.01 gr/scf of exhaust gas as specified in Iowa Rule 567-
23.4(13); and
    (3) All paint booths and associated equipment are in compliance 
with or otherwise exempt from the Federal NESHAPS at 40 CFR Part 63, 
subpart HHHHHH.
    This revision also amends the numbering system of Iowa Rule 567-
22.8(1)``e'' to allow for the addition of the requirements of the 
notification letter.

III. What action is EPA taking?

    EPA is taking final action to approve the revisions to the Iowa 
SIP. The revisions submitted pertain to corrections, clarifications and 
improvements as listed previously in this document. These modifications 
either clarify existing requirements or add additional requirements for 
sources to qualify for permit exemptions. Therefore, EPA has determined 
that the revisions will not adversely affect the air quality in the 
State of Iowa and will not relax the SIP.
    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. The 
revisions meet the substantive SIP requirements of the CAA, including 
section 110 and implementing regulations.
    EPA is processing this action as a direct final action because the 
revisions make 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.

IV. 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 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 May 4, 2010. 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. 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 rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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: February 23, 2010.
Karl Brooks,
Regional Administrator, Region 7.

0
40 CFR part 52 is amended as follows:

[[Page 10184]]

PART 52--[AMENDED]

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(c) the table is amended by revising the entries for 
567-22.1 and 567-22.8 to read as follows:


Sec.  52.820   Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                            State
         Iowa citation                    Title           effective      EPA approval date        Explanation
                                                             date
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                 Iowa Department of Natural Resources Environmental Protection Commission [567]
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                                                  * * * * * * *
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                                        Chapter 22--Controlling Pollution
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567-22.1.......................  Permits required for        3/18/09  3/5/10 [insert FR page  ..................
                                  New or Existing                      number where the
                                  Stationary Sources.                  document begins].

                                                  * * * * * * *
567-22.8.......................  Permits By Rule.......      3/18/09  3/5/10 [insert FR page  ..................
                                                                       number where the
                                                                       document begins].
                                 ......................
                                                  * * * * * * *
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[FR Doc. 2010-4548 Filed 3-4-10; 8:45 am]
BILLING CODE 6560-50-P
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