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 Programsubmitted 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 fromdate of publication in the Federal Register], without further notice, unless EPA receives adverse comment by [insert date 30 days fromdate of publication in the Federal 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. . Followthe on-line instructions for submitting comments.2



### 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 knowyour 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-ROMyou submit . If EPA cannot read your comment due to technical difficulties and3

cannot contact you for clarification, .EPA may not be able to consider your .comment . Electronic files should avoid the use of special characters, any formof 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?4

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 belowfor the reasons discussed in this document. II . What Part 70 revisioin:is EPA approving? The State implements an operating permit programapplicable to certain sources of air pollution in the state. One EPA requirement for a Title Vprogramis 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 maximumannual Title V Operating Permit fee established on the first 4,000 tons of actual emissions of each regulated pollutant emitted froma source subject to the Title V operating permit program . The State analyzed projected programcosts 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 reviewby 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 lawasmeeting Federal requirements and imposes no additional



### .requirements beyond those imposed by state law . Accordingly, theAdministrator 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 lawand 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 ReformAct 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 a7



### 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 fromEnvironmental 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 programsubmissions, 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 programsubmission for failure .to use VCS. It would thus be inconsistent with applicable lawfor EPA, when it reviews an operating permit programsubmission, to use VCS in place of an operating permit programsubmission 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 ReviewAct, 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,8

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. EPAwill 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 reviewof this action must be filed in the United States Court of Appeals for the appropriate circuit by [FEDERAL REGISTER OFFICE: insert date 60 days fromdate 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 reviewnor does it extend the time within which a petition for judicial reviewmay 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 for9

judi.cial reviewof this direct final rule, so that EPA can withdrawthis 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 7.10 Chapter I, Title 40 of the Code of Federal Regulations is amended*as follows: PART 70 - [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 programapproval 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 programis approved effective [insert date 60 days after publication] ..