Rule2023-07055
Air Plan Approval: Iowa; 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
April 6, 2023
Effective
May 8, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) and the Operating Permit Program for the State of Iowa. This final action will amend the SIP to 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 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Rules and Regulations]
[Pages 20408-20410]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07055]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2022-0959; FRL-10493-02-R7]
Air Plan Approval: Iowa; Electronic Submittal of Air Quality
Information
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) and
the Operating Permit Program for the State of Iowa. This final action
will amend the SIP to 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: This final rule is effective on May 8, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2022-0959. All documents in the docket are
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> web site. 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="http://www.regulations.gov">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 Permitting and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7905; email address: <a href="/cdn-cgi/l/email-protection#b6d9dac5d9d898d4d3c2ded7d8cff6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="157a79667a7b3b7770617d747b6c557065743b727a63">[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 and the operating
permit plan revisions 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 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 finds that 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. The
full text of these changes can be found in the State's submission,
which is included in the docket for this action.
[[Page 20409]]
II. 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.
III. What action is the EPA taking?
The EPA accepted public comment on the proposed rule from January
24, 2023, to February 23, 2023. During this period, EPA received two
comments outside the scope of this action and is accordingly not
addressing any adverse 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, 567-21.1, 567-22.1, 567-22.105(1), 567-
22.105(2) and 567-22.128(4).
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, 567-21.1, 567-22.1, 567-22.105(1), 567-22.105(2)
and 567-22.128(4) discussed in section I of this preamble and as 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 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> In addition, 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 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 June 5, 2023. 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: March 30, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 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:
[[Page 20410]]
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]
Chapter 20--Scope of Title-Definitions
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* * * * * * *
567-20.2................ Definitions.......... 5/11/22 4/6/23, [insert The definitions for
Federal Register ``anaerobic lagoon,''
citation]. ``odor,'' ``odorous
substance,'' ``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 4/6/23, [insert
Federal Register
citation].
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Chapter 22--Controlling Pollution
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567-22.1................ Permits Required for 5/11/22 4/6/23, [insert
New or Existing Federal Register
Stationary Sources. 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 (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. This revision is effective May 8, 2023.
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[FR Doc. 2023-07055 Filed 4-5-23; 8:45 am]
BILLING CODE 6560-50-P
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