Proposed Rule2023-00928
Air Plan Approval; IA; Electronic Submittal of Air Quality Information
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
January 24, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Iowa State Implementation Plan (SIP) and the Operating Permit Program for the State of Iowa. The revisions require the electronic submittal of air emissions reporting, construction permit applications, and Title V permit applications, and make administrative updates. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's proposed 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 88 Issue 15 (Tuesday, January 24, 2023)</title>
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[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Proposed Rules]
[Pages 4118-4120]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00928]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2022-0959; FRL-10493-01-R7]
Air Plan Approval; IA; Electronic Submittal of Air Quality
Information
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Iowa State Implementation Plan (SIP) and the
Operating Permit Program for the State of Iowa. The revisions require
the electronic submittal of air emissions reporting, construction
permit applications, and Title V permit applications, and make
administrative updates. These revisions do not impact the stringency of
the SIP or have an adverse effect on air quality. The EPA's proposed
approval of this rule revision is being done in accordance with the
requirements of the Clean Air Act (CAA).
DATES: Comments must be received on or before February 23, 2023.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0959 to <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Written Comments''
heading of the SUPPLEMENTARY INFORMATION section of this document.
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#9bf4f7e8f4f5b5f9feeff3faf5e2dbfeebfab5fcf4ed"><span class="__cf_email__" data-cfemail="9cf3f0eff3f2b2fef9e8f4fdf2e5dcf9ecfdb2fbf3ea">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by EPA?
IV. What operating permit plan revisions are being proposed by EPA?
V. Have the requirements for approval of a SIP and the operating
permit plan revisions been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2022-
0959, at <a href="http://www.regulations.gov">www.regulations.gov</a>. Once submitted, comments cannot be edited
or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit
<a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
II. What is being addressed in this document?
The EPA is proposing to approve revisions to the Iowa SIP and the
Operating Permits Program received on June 3, 2022. The revisions
incorporate recent changes to Iowa Administrative Code. The following
chapters are impacted:
<bullet> Chapter 20, ``Scope of Title--Definitions;''
<bullet> Chapter 21, ``Compliance;'' and
<bullet> Chapter 22, ``Controlling Pollution.''
The revisions require the electronic submittal of air emissions
reporting, construction permit applications, and Title V permit
applications, and make administrative updates. EPA proposes to find
that these revisions meet the requirements of the Clean Air Act, do not
impact the stringency of the SIP,
[[Page 4119]]
and do not adversely impact air quality. The full text of these changes
can be found in the State's submission, which is included in the docket
for this action.
III. What SIP revisions are being proposed by EPA?
The EPA is proposing the following revisions to the Iowa SIP:
Chapter 20, Subrule 20.2, Scope of Title-Definitions: The state
revised the definition of ``Electronic format'' for clarity. The
updates are administrative in nature; thus, EPA proposes to approve
this change.
Chapter 21, Subrule 21.1(3), Emissions inventory: The state
revisions require emissions information to be submitted in electronic
format after January 1, 2023, if electronic submittal is provided. EPA
finds this change meets the requirements of CAA section 110 and does
not negatively impact the stringency of the SIP.
Chapter 22, Subrule 22.1(3) Construction permits: The state
revisions require construction permit applications to be submitted in
electronic format after January 1, 2023, if electronic submittal is
provided. EPA finds this change meets the requirements of CAA section
110 and does not negatively impact the stringency of the SIP.
IV. What operating permit plan revisions are being proposed by EPA?
The EPA is proposing to approve the following revision to the
Operating Permit Program:
Chapter 22, subrule 22.105(455B), Title V permit applications: The
state revised subrule 22.105(1), ``Duty to apply,'' to require Title V
operating permit applications to be submitted in electronic format
after January 1, 2023, if electronic submittal is provided. The subrule
was also revised to correct an outdated address.
The state revised subrule 22.105(2), ``Standard application form
and required information,'' to require the standard Title V permit
application form to be submitted in electronic format after January 1,
2023, if electronic submittal is provided.
Chapter 22, subrule 22.128(455B), Acid rain applications-
requirement to apply: The state revised subrule 22.128(4), ``Submission
of copies,'' to require acid rain permit applications to be submitted
in electronic format after January 1, 2023, if electronic submittal is
provided.
EPA finds these changes meet the requirements of 40 CFR part 70 and
do not negatively impact the stringency of the Operating Permit
Program.
V. Have the requirements for approval of a SIP and the operating permit
plan revisions been met?
The State 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 January 12,
2022, to February 14, 2022, and held a public hearing on February 14,
2022. Iowa received one comment in support of the rule during the
comment period. Iowa did not revise the rule based on public comment
prior to submitting to EPA, as noted in the State submission included
in the docket for this action.
In addition, as explained above, the revision meets the substantive
SIP requirements of the CAA, including section 110 and implementing
regulations.
VI. What action is the EPA taking?
We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
VII. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule 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, 567-21.1, 567-
22.1, 567-22.105(1), 567-22.105(2) and 567-22.128(4) discussed in
sections II-IV of this preamble and as set forth below in the proposed
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).
VIII. 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, the 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 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> The SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
proposed 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).
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.
[[Page 4120]]
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: January 12, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR parts 52 and 70 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'', ``567-21.1'' and ``567-22.1'' to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
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State
Iowa citation Title effective 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.......... 5/11/22 [Date of publication The definitions for
of the final rule ``anaerobic
in the Federal lagoon,'' ``odor,''
Register], [Federal ``odorous
Register citation substance,''
of the final rule]. ``odorous substance
source'' are not
SIP approved.
* * * * * * *
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Chapter 21--Compliance
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567-21.1..................... Compliance Schedule.. 5/11/22 [Date of publication
of the final rule
in the Federal
Register], [Federal
Register citation
of the final rule]..
* * * * * * *
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Chapter 22--Controlling Pollution
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567-22.1..................... Permits Required for 5/11/22 [Date of publication
New or Existing of the final rule
Stationary Sources. in the Federal
Register], [Federal
Register citation
of the final rule]..
* * * * * * *
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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 (y) under
``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(y) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.105(1), 567-22.105(2) and
567-22.128(4) on June 3, 2022. The state effective date is May 11,
2022. The proposed revision effective date is [date 30 days after
date of publication of the final rule in the Federal Register].
* * * * *
[FR Doc. 2023-00928 Filed 1-23-23; 8:45 am]
BILLING CODE 6560-50-P
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