Rule2024-08281
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
April 19, 2024
Effective
May 20, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Iowa State Implementation Plan (SIP) and the Operating Permit Program for the State of Iowa. The revisions update incorporations by reference to EPA methods for performance testing (stack testing), update the definitions, and adopt the most recent National Ambient Air Quality Standards (NAAQS) for ozone. 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 89 Issue 77 (Friday, April 19, 2024)</title>
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[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Rules and Regulations]
[Pages 28640-28642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08281]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2024-0064; FRL-11722-02-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 Iowa State Implementation Plan (SIP)
and the Operating Permit Program for the State of Iowa. The revisions
update incorporations by reference to EPA methods for performance
testing (stack testing), update the definitions, and adopt the most
recent National Ambient Air Quality Standards (NAAQS) for ozone. 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 May 20, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2024-0064. 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#1a757669757434787f6e727b74635a7f6a7b347d756c"><span class="__cf_email__" data-cfemail="c9a6a5baa6a7e7abacbda1a8a7b089acb9a8e7aea6bf">[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. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. 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 March 29, 2023. The revisions incorporate
recent changes to Iowa Administrative Code. The following chapters are
impacted:
<bullet> Chapter 20, ``Scope of Title--Definitions;''
<bullet> Chapter 22, ``Controlling Pollution;''
<bullet> Chapter 25, ``Measurement of Emissions;'' and
<bullet> Chapter 28, ``Ambient Air Quality Standards.''
The revisions update incorporations by reference to EPA methods for
performance testing (stack testing) and adopt the most recent National
Ambient Air Quality Standards (NAAQS) for ozone. 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 (89 FR 12291, February 16,
2024). 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 and the operating
permit plan revisions been met?
The State submission has met the public notice requirements for SIP
[[Page 28641]]
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 November 2,
2022, to December 5, 2022, and held a public hearing on December 5,
2022. The State received no comments. In addition, as explained above,
the revision meets the substantive SIP requirements of the CAA,
including section 110 and implementing regulations.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened
February 16, 2024, the date of its publication in the Federal Register
and closed on March 18, 2024. During this period, EPA received one
comment. The comment is available for review in the docket for this
action.
Comment 1: The commenter stated the date the state public comment
period opened was incorrect in section V. of the proposed rule. The
proposed rule incorrectly stated that the state provided public notice
on the SIP revision from November 22, 2022, to December 5, 2022. The
correct date the state public comment period opened is November 2,
2022.
Response 1: The EPA acknowledges that the proposed rule used an
incorrect date for the opening of the state public comment period.
While the error does not have a substantive impact on EPA's proposed
action, EPA has changed the date the state public comment period opened
in the final rulemaking.
IV. What action is the EPA taking?
The EPA is finalizing its proposal to approve revisions to the Iowa
SIP and the Operating Permits Program at IAC 567-20.2, 567-25.1, 567-
28.1, and 567-22.100.
V. 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, Definitions, which provides definitions for air
quality regulations; 567-25.1, Testing and Sampling of New and Existing
Equipment, which regulates testing and sampling of equipment; 567-28.1,
State-wide Standards, which regulates ambient air quality standards;
and 22.100, Definitions for Title V Operating Permits, which provides
definitions for state operating permits. The state effective date of
these rules is March 15, 2023. The EPA has made, and will continue to
make, these materials generally available through <a href="https://www.regulations.gov">https://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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VI. Statutory and Executive Order
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Iowa Department of Natural Resources did not evaluate
environmental justice considerations as part of its SIP submittal; the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA did not perform an EJ analysis and did
not consider EJ in this action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
This action is subject to the Congressional Review Act, and 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).
[[Page 28642]]
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 18, 2024. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, 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: April 11, 2024.
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,'' ``567-25.1,'' and ``567-28.1'' 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........ 3/15/2022 4/19/2024, [insert The definitions for
Federal Register ``anaerobic lagoon,''
citation]. ``odor,'' ``odorous
substance,'' ``odorous
substance source'' are
not SIP approved.
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* * * * * * *
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Chapter 25--Measurement of Emissions
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567-25.1................ Testing and 3/15/2023 4/19/2024, [insert .......................
Sampling of New Federal Register
and Existing citation].
Equipment.
* * * * * * *
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Chapter 28--Ambient Air Quality Standards
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567-28.1................ Statewide standards 3/15/2023 4/19/2024, [insert .......................
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 (z) under
``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(z) The Iowa Department of Natural Resources submitted for
program approval revisions to rule 567-22.100 on March 29, 2023. The
state effective date is March 15, 2023. This revision is effective
May 20, 2024.
* * * * *
[FR Doc. 2024-08281 Filed 4-18-24; 8:45 am]
BILLING CODE 6560-50-P
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