ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 70 

[EPA-R07-OAR-2009-0860 ; FRLApproval and Promulgation of Operating Permits Program; State of 

Iowa 

AGENCY : Environmental Protection Agency (EPA) . 

ACTION : Direct final rule . 

SUMMARY : EPA is taking direct final action to approve a 

revision to the Iowa State Operating Permits Program submitted 

by the State on February 20, 2009 . The purpose of this revision 

is to increase emissions fees for the Title V Operating Permits 

Program . EPA is approving this revision pursuant to section 502 

of the Clean Air Act and implementing regulations . 

DATES : This direct final rule will be effective [insert date 60 

days f rom date of publication in the Federal Register], without 

further notice, unless EPA receives adverse comment by [ insert 

date 30 days from date of publication in the Fe deral Register] . 

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-2009-0860, by one of the following methods : 

.1 . www .regulations .gov . . Follow the on-line instructions for 

submitting comments . 
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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 . EPAR07-OAR-2009-0860 . 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 .e-mail 

information that you consider to be CBI or otherwise protected . 

The www .regulations .gov website 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 www .regulations .gov , your e-mail address will be 

aut,omatically 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 
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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, 901 

North 5th Street, Kansas City, Kansas 66101 . 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 : 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? 
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II . What Part 70 revision 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, "Control of Pollution," 

of the Iowa Administrative Code . This revision was promulgated 

by the State's Environmental Protection Commission . EPA is 

approving the revision described below for the reasons discussed 

in this document . 

II . What Part 70 revisioin:is EPA approving? 

The State implements an operating permit program applicable 

to certain sources of air pollution in the state . One EPA 

requirement for a Title V program is that the permitting state 

must establish a fee structure sufficient to cover the costs of 

the .program (40 CFR 70 .9(b)) . The State modified Iowa Rule 567- 

22 .106(1) . This modification increases the fixed dollar amount 

of $29 per ton to $56 per ton as the maximum annual Title V 

Operating Permit fee established on the first 4,000 tons of 

actual emissions of each regulated pollutant emitted from a 

source subject to the Title V operating permit program . The 

State analyzed projected program costs over a three-year period 

and determined this increase is necessary to maintain the 

State's current level of service . Increases in the costs 

associated with negotiated contracts for staff, indirect costs, 
operating costs of the State's ambient air quality monitoring 

network and projected decreases in actual_emissions have made 

this revision necessary . The revision is consistent with the 

requirements of 40 CFR 70 .9 . The State effective date for this 

revision was February 4, 2009 . 

III . What action is EPA taking?' 

EPA is approving the request to amend the Iowa Operating 

Permits Program. As noted previously in this document, the 

revision is consistent with applicable EPA requirements . The 

revision meets the requirements of the CAA, and implementing 

regulations . This revision is consistent with applicable EPA 

requirements in Title V of the CAA and 40 CFR Part 70 . 

EPA is processing this action as a direct final action 

because the revision makes a routine change to the existing 

rules which are noncontroversial . Therefore, we do not 

anticipate any adverse comments . 

IV . Statutory and Executive Order Reviews 

Under Executive Order 12866 (58~FR 51735, October 4, 1993), 

this action is not a "significant regulatory "action" and 

therefore is not subject to review by the Office of Management 

and Budget . 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 . 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 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 

w ill 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 hot 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 
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Federal standard, and does not alter the relationship or the 

distribution of power and responsibilities established in the 

CAA . 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 

a state rule implementing a Federal standard . 

In reviewing state, operating permit program submissions, 

EPA's role is to .approve State choices, provided that they meet 

the requirements 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 operating permit program submission for failure .to use 

VCS . It would thus be inconsistent with applicable law for EPA, 

when it reviews an operating permit program submission, to use 

VCS in place of an operating permit program 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 . 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 . ) . 

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, 
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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 [FEDERAL REGISTER 

OFFICE : insert date 60 days from da te of .publication of this 

document in the Federal Register] . 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 
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judi.cial review of this direct final rule, so that EPA can 

withdraw this direct final rule and address the comment in the 

final rulemaking . This action may not be challenged later in 

proceedings to enforce its requirements . (See section 

307(b)(2) .) 

List of Subjects 

40 CPR Part 70 

Administrative practice and procedure, Air pollution 

control, Intergovernmental relations, Operating permits, 

Reporting and recordkeeping requirements . - 

Dated : 

February 16, 2010 Karl Brooks, 

Regional Administrator, 

Region 7 . 
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Chapter I, Title 40 of the Code of Federal Regulations is 

amended *as follows : 

PART 7 0 - [AMENDED] 

1 . The authority citation for Part 70 continues to read 

as follows : 

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

2 . Appendix A to Part 70 is amended by adding paragraph 

(1) under Iowa to read as ~ollows : 

. Appendix A to Part 70 - Approval .Status of State and Local 

Operating Permits Program 

Iowa 

(1) The Iowa Department .of Natural Resources submitted for 

program approval a revision-to rule 567-22 .106(1) on February 

20, 2009 . The State effective date was February 4, 2009 . This 

revision to the Iowa program is approved effective [ insert date 

60 days after publication] . .