Rule2025-15442
Air Plan Approval; IA; Alter Metal Recycling Permit Modification
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
August 14, 2025
Effective
September 15, 2025
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) to include a permit modification for Alter Metal Recycling. This final action will amend the SIP to incorporate revisions to the air construction permit for Alter Metal Recycling included in the State's 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS) attainment plan for a portion of Council Bluffs, Pottawattamie County, IA. These revisions do not impact the stringency of the SIP or have an adverse effect on air quality. The EPA's approval of this 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 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Rules and Regulations]
[Pages 39135-39136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15442]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2025-0200; FRL-12750-02-R7]
Air Plan Approval; IA; Alter Metal Recycling Permit Modification
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)
to include a permit modification for Alter Metal Recycling. This final
action will amend the SIP to incorporate revisions to the air
construction permit for Alter Metal Recycling included in the State's
2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)
attainment plan for a portion of Council Bluffs, Pottawattamie County,
IA. These revisions do not impact the stringency of the SIP or have an
adverse effect on air quality. The EPA's approval of this revision is
being done in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on September 15, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2025-0200. 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.,
Confidential Business Information (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#81eeedf2eeefafe3e4f5e9e0eff8c1e4f1e0afe6eef7"><span class="__cf_email__" data-cfemail="aec1c2ddc1c080cccbdac6cfc0d7eecbdecf80c9c1d8">[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 received on October
23, 2017. Iowa Department of Natural Resources (IDNR) requested to
replace a SIP-approved air construction permit with a modified permit
at Alter Metal Recycling in Council Bluffs, Pottawattamie County, IA.
The air construction permit #A-14-521 for Alter Metal Recycling was
included in Iowa's 2008 Lead NAAQS attainment plan for the
Pottawattamie County, Council Bluffs, Iowa nonattainment area, which
was approved by EPA on February 26, 2016 (81 FR 9770).
As discussed in further detail in the notice of proposed rulemaking
(NPRM), dated June 3, 2025 (90 FR 23495), the SIP-approved permit #14-
A-521 provided that Alter Metal Recycling could request to reduce the
frequency of required silt load sampling if the silt load content was
less than 2.70 g/m\2\ for 12 consecutive months. As detailed in Iowa's
October 23, 2017, letter requesting approval of the modified permit #A-
14-521-S1 into the SIP, data submitted by Alter Metal Recycling
demonstrated compliance between October 2014 and November 2016.
Accordingly, IDNR granted Alter Metal's request to reduce the frequency
of required silt load sampling from monthly to quarterly. The modified
permit also includes updated contingency measures that are more
protective of air quality during inclement weather.
The state's SIP submission requested that the EPA not act on
Condition 11 of the permit, and accordingly that condition is not
included in this action. Condition 11 references 567 Iowa
Administrative Code (IAC) Chapter 24.1(1) pertaining to excess
emissions during periods of startup, shutdown, or cleaning of control
equipment. The EPA finds that the permit modification does not increase
potential lead emissions and retains all measures necessary to attain
and maintain the 2008 lead NAAQS.
For these reasons, the EPA finds that this SIP revision will not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171 of the CAA), or
any other applicable requirement of the CAA as required under section
110(l) of the Act. Accordingly, EPA is taking final action to remove
permit #14-A-521 from the SIP and replace it with permit #14-A-521-S1.
The full permit and the State's submission can be found in the docket
for this action.
II. Have the requirements for approval of a SIP revision 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 May 25, 2017, to
June 27, 2017, and held a public hearing on June 27, 2017. The State
received no comments. The EPA's NPRM and supporting information
contained in the docket were made available for public comment from
June 3, 2025, to July 3, 2025. The EPA 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. What action is the EPA taking?
The EPA is taking final action to approve the State's request to
modify the SIP-approved permit for Alter Metal Recycling. This action
removes air construction permit #14-A-521 from the Iowa SIP and
replaces it with permit #14-A-521-S1.
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 removing the EPA-approved permit #14-A-521 from
the Iowa SIP and adding incorporation by reference of the Iowa permit
#14-A-521-S1 discussed in section II. 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="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA
[[Page 39136]]
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 CAA 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 CAA.
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).
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).
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 October 14, 2025. 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 in 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.
Dated: July 31, 2025.
James Macy,
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 (d) is amended by revising
the entry ``(111)'' to read as follows:
Sec. 52.820 Identification of plan.
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(d) * * *
EPA-Approved Iowa Source-Specific Orders/Permits
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State
Name of source Order/permit No. effective EPA approval date Explanation
date
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* * * * * * *
(111) Alter Metal Recycling...... Permit No. 14-A-521- 6/30/2017 8/14/2025,90 FR 2008 Pb NAAQS
S1. [insert Federal Attainment Plan;
Register page where condition 11 of the
the document permit is not part
begins]. of the SIP.
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[FR Doc. 2025-15442 Filed 8-13-25; 8:45 am]
BILLING CODE 6560-50-P
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