Rule2022-19327
Air Plan Approval; Iowa; State Implementation Plan and State Operating Permits Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 9, 2022
Effective
November 8, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State Implementation Plan (SIP) and Operating Permit Program for the State of Iowa. This final action will amend the SIP to update incorporations by reference to EPA methods for measuring air pollutant emissions, performance testing (stack testing) and continuous monitoring. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 174 (Friday, September 9, 2022)</title>
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[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Rules and Regulations]
[Pages 55297-55299]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19327]
[[Page 55297]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2022-0483; FRL-9913-02-R7]
Air Plan Approval; Iowa; State Implementation Plan and State
Operating Permits Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP) and
Operating Permit Program for the State of Iowa. This final action will
amend the SIP to update incorporations by reference to EPA methods for
measuring air pollutant emissions, performance testing (stack testing)
and continuous monitoring. These revisions do not impact the stringency
of the SIP or have an adverse effect on air quality. The EPA's approval
of this rule revision is being done in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This final rule is effective on November 8, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0483. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Bethany Olson, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7905; email address: <a href="/cdn-cgi/l/email-protection#26494a554948084443524e47485f6643564708414950"><span class="__cf_email__" data-cfemail="721d1e011d1c5c1017061a131c0b321702135c151d04">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is approving revisions to the Iowa SIP and the Operating
Permits Program received on October 20, 2021. The revisions update
incorporations by reference to EPA methods for measuring air pollutant
emissions, performance testing (stack testing) and continuous
monitoring. The revisions update the definitions of ``EPA Reference
Method'' in Iowa Administrative Code Chapter 20, Subrule 20.2, ``Scope
of Title--Definitions;'' Chapter 22, Subrule 22.100(455B),
``Controlling Pollution;'' and Chapter 25, Subrule 25.1(9),
``Measurement of Emissions.'' As explained in detail in the EPA's
proposed rule, EPA finds these revisions meet the requirements of the
Clean Air Act, do not impact the stringency of the SIP, and do not
adversely impact air quality (87 FR 36346, June 17, 2022). The full
text of these changes can be found in the State's submission, which is
included in the docket for this action.
Sections 111 and 112 of the Clean Air Act (CAA) allow EPA to
delegate authority to states for New Source Performance Standards
(NSPS) and National Emission Standards for Hazardous Air Pollutants
(NESHAPs). EPA has delegated authority to Iowa for approved portions of
these sections of the CAA. Changes made to Iowa's Chapter 23 pertaining
to new and revised NSPS and NESHAPs are not directly approved into the
SIP, but rather, are adopted by reference. Thus, EPA is not approving
the changes to Chapter 23 of the Iowa Administrative Code into the
state's SIP.
II. Have the requirements for approval of a SIP revision been met?
The State's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from June 16, 2021,
to July 19, 2021, and held a public hearing on July 19, 2021. No public
comments were received. In addition, as explained above, the revision
meets the substantive SIP requirements of the CAA, including section
110 and implementing regulations. Finally, the revisions are also
consistent with applicable EPA requirements of Title V of the CAA and
40 CFR part 70.
III. What action is the EPA taking?
The EPA accepted public comment on the proposed rule from June 17,
2022, to July 18, 2022, and received no comments. Therefore, the EPA is
finalizing its proposal to approve revisions to the Iowa SIP and the
Operating Permits Program at IAC 567-20.2, 567-22.100 and 567-25.1.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Iowa rules 567-20.2, 567-22.100 and 567-25.1 discussed in Section I of
this preamble and set forth below in the amendments to 40 CFR part 52.
The EPA has made, and will continue to make, these materials generally
available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 7 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968, May 22, 1997.
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V. Statutory and Executive Order Reviews
Under the Clean Air Act 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a
[[Page 55298]]
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
<bullet> 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).
<bullet> In addition, the SIP is not approved to apply on any
Indian reservation land or in any other area where the 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).
<bullet> This action is subject to the Congressional Review Act,
and the EPA will submit a rule report to each House of the Congress and
to the Comptroller General of the United States. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
<bullet> 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 November 8, 2022. 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
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.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: September 1, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the 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, the table in paragraph (c) is amended by revising
the entries ``567-20.2'' and ``567-25.1'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
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State effective
Iowa citation Title date EPA approval date Explanation
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Iowa Department of Natural Resources Environmental Protection Commission [567]
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Chapter 20--Scope of Title--Definitions
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* * * * * * *
567-20.2............... Definitions 10/13/2021 9/9/2022, [insert The definitions
Federal Register for ``anaerobic
citation]. lagoon,''
``odor,''
``odorous
substance,''
``odorous
substance
source'' are not
SIP approved.
* * * * * * *
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Chapter 25--Measurement of Emissions
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567-25.1............... Testing and Sampling of New 10/13/2021 9/9/2022, [insert
and Existing Equipment Federal Register
citation].
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PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (x) under
``Iowa'' to read as follows:
[[Page 55299]]
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(x) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100. The state effective
date for 567-22.100 is October 13, 2021. This revision is effective
November 8, 2022.
* * * * *
[FR Doc. 2022-19327 Filed 9-8-22; 8:45 am]
BILLING CODE 6560-50-P
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