Proposed Rule2026-05875
Air Plan Approval; Iowa; Revisions to Iowa Air Quality Regulations
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
March 26, 2026
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 to incorporate recent changes to the Iowa Administrative Code (IAC). The revisions include removal of the Voluntary Operating Permit Program language; removal of the Emission Reduction Program language; new and renumbered rules; replacement of duplicative language with references to state statute and federal regulations; updated definitions; consolidation of 14 chapters into 8 chapters; and minor clarifications to language and grammar. The EPA is also proposing to correct the erroneous incorporation of several rules into the Iowa SIP pursuant to section 110(k)(6) of the Clean Air Act (CAA). These revisions do not decrease the stringency of the SIP or have an adverse effect on air quality. The EPA's proposed approval of this rule revision is in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 91 Issue 58 (Thursday, March 26, 2026)</title>
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[Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
[Proposed Rules]
[Pages 14658-14666]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05875]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2026-1156; FRL-13242-01-R7]
Air Plan Approval; Iowa; Revisions to Iowa Air Quality
Regulations
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 to incorporate recent changes to the Iowa
Administrative Code (IAC). The revisions include removal of the
Voluntary Operating Permit Program language; removal of the Emission
Reduction Program language; new and renumbered rules; replacement of
duplicative language with references to state statute and federal
regulations; updated definitions; consolidation of 14 chapters into 8
chapters; and minor clarifications to language and grammar. The EPA is
also proposing to correct the erroneous incorporation of several rules
into the Iowa SIP pursuant to section 110(k)(6) of the Clean Air Act
(CAA). These revisions do not decrease the stringency of the SIP or
have an adverse effect on air quality. The EPA's proposed approval of
this rule revision is in accordance with the requirements of the CAA.
DATES: Comments must be received on or before April 27, 2026.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2026-1156 to <a href="https://www.regulations.gov">https://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="https://www.regulations.gov">https://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: Allyson Prue, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-7277;
email address: <a href="/cdn-cgi/l/email-protection#c2b2b0b7a7eca3aeaebbb1adac82a7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="f9898b8c9cd7989595808a9697b99c8998d79e968f">[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 the EPA?
IV. What Operating Permit Program plan revisions are being proposed
by the EPA?
V. Have the requirements for approval of a SIP and the Operating
Permit Program Plan revisions been met?
VI. CAA 110(k)(6) Error Correction
VII. What action is the EPA taking?
VIII. Incorporation by Reference
IX. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2026-
1156, at <a href="https://www.regulations.gov">https://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
[[Page 14659]]
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="https://www.epa.gov/dockets/commenting-epa-dockets">https://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 Title
V Operating Permit Program received on July 26, 2024. All revisions
were completed due to a new administrative process required by
Executive Order 10 (E.O.-10), issued by the Iowa Governor in January
2023. The revisions are to section 567--Iowa Air Quality Regulations.
The revisions to the Iowa SIP and Title V Operating Permit Program are
specified in sections III.-IV. below. Additionally, the EPA is
proposing multiple CAA 110(k)(6) error corrections in this rulemaking.
The full text of the rule revision as well as the EPA's analysis of the
revisions can be found in the technical support documents (TSD)
included in the docket for this action.
CAA sections 111 and 112 allow the EPA to delegate authority to
states for New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAPs). The 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 proposing to approve
the changes to Chapter 23 of the Iowa Administrative Code into the
state's SIP.
III. What SIP revisions are being proposed by the EPA?
A. Revisions to the Iowa SIP
Iowa requested the following revisions to SIP-approved chapters:
Chapter 20--SCOPE OF TITLE--DEFINITIONS is rescinded. Most
definitions previously located in this chapter have been moved to the
revised Chapters 21, 22, or 23. Numerous definitions from this chapter
were no longer relevant because the terms no longer appear in section
567 of the Iowa Code and were therefore deleted.
Chapter 21--COMPLIANCE is retitled COMPLIANCE, EXCESS EMISSIONS,
AND MEASUREMENT OF EMISSIONS. Revisions to this chapter include the
removal of the Emission Reduction Program language; adoption by
reference of federal language; incorporation of rules from the now-
removed Chapters 24, 25, 26, and 29; removal of numerous definitions;
updated citations; and minor revisions to grammar and wording.
Chapter 22--CONTROLLING POLLUTION--PERMITS is retitled CONTROLLING
AIR POLLUTION--CONSTRUCTION PERMITTING. Revisions to SIP-approved text
at IAC 567-22.1 through IAC 567-22.10 and IAC 567-22.200 through IAC
567-22.209 include the removal of the Voluntary Operating Permit
Program; incorporation of rules from the now-removed Chapters 20 and
28; language relocation; updated citations; and minor revisions to
grammar and wording. Additionally, SIP-approved text at IAC 567-
22.105(2)``i''(5) and IAC 567-22.300 were relocated to Chapter 24.
Chapter 23--EMISSION STANDARDS is retitled AIR EMISSION STANDARDS.
Revisions to this chapter include removal of redundant language;
updated citations; and minor revisions to grammar and wording.
Chapter 24--EXCESS EMISSIONS is retitled OPERATING PERMITS. This
chapter incorporates two SIP-approved sections from the former Chapter
22. The SIP-approved sections are located in IAC 567-24.105(2)``i''(5)
and IAC 567-24.300 in the submitted revisions. Revisions to SIP-
approved sections are administrative in nature and include updated
citations and minor revisions to grammar and wording.
Chapter 25--MEASUREMENT OF EMISSIONS is rescinded. IAC 567-25.1 was
previously SIP approved and is relocated to the new Chapter 21, with
the exception of IAC 567-25.1(12), which retains its SIP approval.
Chapter 26--PREVENTION OF AIR POLLUTION EMERGENCY EPISODES is
rescinded. All sections were previously SIP approved and are relocated
to the new Chapter 21, where they retain SIP approval.
Chapter 28--AMBIENT AIR QUALITY STANDARDS is rescinded. IAC 567-
28.1 of this chapter was previously SIP approved and is relocated to
the revised Chapter 21, where it retains its SIP approval.
Chapter 29--QUALIFICATIONS IN VISUAL DETERMINATION OF THE OPACITY
OF EMISSIONS is rescinded. IAC 567-29.1 of this chapter was previously
SIP approved and is relocated to the revised Chapter 21, where it
retains its SIP approval.
Chapter 31--NONATTAINMENT AREAS is retitled NONATTAINMENT NEW
SOURCE REVIEW. Revisions to this chapter include the removal of
language referencing nonattainment areas, because Iowa no longer has
any areas designated nonattainment prior to May 18, 1998; updated
citations; and minor revisions to grammar and wording.
Chapter 33--SPECIAL REGULATIONS AND CONSTRUCTION PERMIT
REQUIREMENTS FOR MAJOR STATIONARY SOURCES--PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) OF AIR QUALITY is retitled CONSTRUCTION PERMIT
REQUIREMENTS FOR MAJOR STATIONARY SOURCES--PREVENTION OF SIGNIFICANT
DETERIORIATION (PSD). Revisions to this chapter include numerous
adoptions by reference of federal language, removal of redundant
language, updated citations, and minor revisions to grammar and
wording.
B. EPA Analysis of SIP Revisions
The EPA reviewed the submitted SIP revisions in accordance with the
anti-backsliding provisions of CAA section 110(l). While most revisions
were administrative in nature, Iowa also requested removal of the
Emission Reduction Program (IAC 567-21.3) and the Voluntary Operating
Permits Program (IAC 567-22.200 through IAC 567-22.209).
The EPA approved the Emission Reduction Program as part of the SIP
on May 31, 1972 (37 FR 10842). The program provided a mechanism for
sources to reduce emissions in exchange for a variance or for an
extension of a variance granted by IDNR. The EPA finds that while IDNR
removed the Emission Reduction Program from its regulations, it also
strengthened its existing variance language by requiring the State to
weigh the impact on public health that the variance would create versus
the potential hazard to health or property that alternative methods of
compliance may impact. If IDNR concludes that emissions caused by the
variance would harm public health, IDNR would not grant the variance,
and the removal of the Emission Reduction Program from the SIP does not
impact
[[Page 14660]]
this analysis. In addition, the EPA notes that IDNR retains discretion
to use existing enforcement authorities to obtain emission reductions
in exchange for granting a variance. Therefore, the EPA concludes that
removing the Emission Reduction Program from the SIP does not interfere
with any applicable requirement concerning attainment and reasonable
further progress under CAA section 110(l).
The EPA approved IDNR's voluntary operating permit (VOP) program as
part of the SIP on April 30, 1996 (61 FR 18958). This program primarily
served as a CAA section 112(l) mechanism to establish federally
enforceable operational limits to restrict potential to emit (PTE) to
avoid Title V and other major source requirements. The program also
provided a mechanism to limit emissions of criteria pollutants, and the
EPA approved it as part of the SIP under CAA section 110.
In 2015, IDNR removed the VOP program rules from the Iowa
Administrative Code because it determined that the construction permit
program could provide a mechanism to issue synthetic minor permits.
Prior to removing VOP program rules, IDNR either modified construction
permits or issued new construction permits for VOP facilities, as
necessary, as described in the ``Voluntary Operating Permit Background
and Summary'' document in the docket for this rulemaking.
The VOP program is not a required program under CAA section 110.
The EPA finds that Iowa's Chapter 22 construction permit rules provide
adequate authority for limiting a source's PTE of criteria pollutants
to below major source thresholds. As such, Iowa's removal of the VOP
regulations from the SIP does not interfere with any applicable
requirement concerning attainment and reasonable further progress under
CAA section 110(l).
IV. What Operating Permit Program plan revisions are being proposed by
the EPA?
The EPA is proposing the following revisions to the Operating
Permit Program:
Chapter 22--CONTROLLING POLLUTION--PERMITS is retitled CONTROLLING
AIR POLLUTION--CONSTRUCTION PERMITTING. Revisions to IAC 567-22.2 and
IAC 567-22.3(6) include language relocation, updated citations, and
minor revisions to grammar and wording. IAC 567-22.100 through IAC 567-
22.300 were relocated to Chapter 24. Finally, numerous definitions from
IAC 567-22.1 and IAC 567-22.10(1) are retained in the Title V Operating
Permit Program.
Chapter 23--EMISSION STANDARDS is retitled AIR EMISSION STANDARDS.
Iowa has requested the EPA approve the definitions at IAC 567-23.1(4)
into the Title V Operating Permit Program. The terms were previously
approved into the Title V Operating Permit Program but were relocated
to IAC 567-23.1(4).
Chapter 24--EXCESS EMISSIONS is retitled OPERATING PERMITS. This
chapter incorporates the operating permit rules from the former Chapter
22. Revisions to this chapter include removal of the Voluntary
Operating Permit Program language; numerous adoptions by reference of
federal language; removal of redundant language and of provisions
requiring that copies of Title V operating permit applications be
submitted to EPA Region 7; updated citations; and minor revisions to
grammar and wording. As discussed in section III. of this proposed
rule, the VOP Program is not a required program of the Title V
Operating Permit Program.
Chapter 30--FEES is retained. Revisions to this chapter include
addition of clarifying language, removal of redundant language, and
updated citations.
V. Have the requirements for approval of a SIP and the Operating Permit
Program 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 December 27,
2023, to January 30, 2024, and received no comments. In addition, as
explained above and in more detail in the technical support documents
which is part of this document, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
VI. CAA 110(k)(6) Error Correction
A. Background
A SIP is a federally enforceable collection of regulations and
documents used by a state, territory, or local air district to
implement, maintain, and enforce the National Ambient Air Quality
Standards (NAAQS) and to fulfill other requirements of the CAA that
require SIP measures (e.g., measures addressing regional haze under CAA
section 169A). The NAAQS addresses six criteria pollutants: carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide. Each federally approved SIP protects air quality primarily by
addressing air pollution at its point of origin through air pollution
regulations and control strategies.
CAA section 110(k)(6), authorizes the EPA, when it ``determines
that [its] action approving, disapproving, or promulgating any plan or
plan revision (or part thereof) . . . was in error,'' to ``revise such
action as appropriate.'' CAA section 110(k)(6) provides the EPA with
the authority to make corrections to prior SIP actions that are
subsequently found to be in error in the same manner as the prior
action and do so without requiring any further submission from the
state. While section 110(k)(6) provides the EPA with the authority to
correct its own ``error,'' nowhere does this provision or any other
provision in the CAA define what qualifies as ``error.'' Thus, the term
should be given its ordinary meaning. See Johnson v. United States, 559
U.S. 133, 138 (2010). The plain language, every day meaning of
``error'' encompasses all unintentional, incorrect or wrong actions or
mistakes; see Error, MERRIAM-WEBSTER'S COLLEGIATE DICTIONARY (11th ed.
2004) (``an act that through ignorance, deficiency, or accident departs
from or fails to achieve what should be done'').
In this rulemaking, the EPA proposes to remove IAC 567--Chapter 27,
IAC 567--Subrule 23.1(1), IAC 567--Subrule 22.1(3)``b''(8), and IAC
567-Subrule 22.7(2)``f'' from the Iowa SIP under CAA section 110(k)(6).
On November 19, 2025, Iowa concurred with removal of these provisions.
Because Iowa agrees with the EPA that these chapters were approved into
the SIP in error, the EPA interprets the state's concurrence as a
withdrawal of Iowa's request that the EPA approve revisions to these
chapters into the SIP.
The EPA determined during its review of this rulemaking that these
four rules were inappropriate for inclusion into the SIP because they
are not related to implementation, maintenance, or enforcement of the
NAAQS or otherwise required by the CAA to be included in the SIP. The
analysis of each provision proposed for removal from Iowa's SIP is
discussed below and in the TSDs for this action.
B. Analysis of IAC 567--Chapter 27--Certificate of Acceptance
Congress enacted the CAA in 1970. CAA section 110(a)(1) requires
each state to submit a SIP to the EPA that provides for the
implementation, maintenance and enforcement of the NAAQS. In the 1970s
and early 1980s,
[[Page 14661]]
state and local agencies submitted thousands of regulations to the EPA
for inclusion in SIPs to meet new federal requirements. In many cases,
states submitted entire air pollution program regulations, including
many elements not required by the CAA. Due to time and resource
constraints, the EPA's review of these submittals focused primarily on
the rules addressing the new substantive requirements of the CAA, and
we approved many other elements into the SIP with minimal review. We
now recognize that some of these elements are appropriate for state and
local agencies to adopt and implement, but not as federally enforceable
SIP requirements.
Chapter 27--Certificate of Acceptance \1\ was first approved into
the Iowa SIP on May 31, 1972 (37 FR 10842). The EPA approved subsequent
administrative revisions on September 12, 1985 (50 FR 37176) and June
29, 1990 (55 FR 26690). Chapter 27 provides political subdivisions,
such as municipalities and counties, with the conditions necessary to
obtain and maintain a certificate of acceptance issued by the state for
a local air pollution control program. This chapter is administrative
in nature, and includes requirements related to the local agency's
legal authority, enforcement program, staffing requirements, office
space, staff transportation, and control program activities.
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\1\ Iowa's Certificate of Acceptance regulations were initially
codified in Chapter 3 of the Iowa Administrative Code air
regulations.
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The Linn County and Polk County local air programs are currently
the only two local air programs in Iowa with certificates of acceptance
issued under the authority of IAC 567--Chapter 27. Each county
implements its own air pollution control ordinances, and is responsible
for inspections of facilities, tracking emissions data, air quality
monitoring, and compliance at major and minor facilities within its
area of jurisdiction. The state retains concurrent enforcement
authority. Iowa submits each county's air pollution control ordinances
to the EPA for approval into the SIP. The EPA first approved Linn
County's air pollution control ordinances into the Iowa SIP on August
15, 1989 (54 FR 33526) and has approved subsequent revisions, with the
most recent revision approved on July 1, 2023 (89 FR 54362). The EPA
first approved a portion of Polk County's air pollution ordinances into
the Iowa SIP on August 15, 1989 (54 FR 33528), subsequently approving
most of the remaining ordinances on November 29, 1989 (56 FR 60924).
The most recent revision to Polk County's air pollution ordinances was
approved on September 21, 2021 (86 FR 52413).
Pursuant to 40 CFR 51.232, a state may assign legal authority to
carry out the state implementation plan within a local agency's
jurisdiction if the plan demonstrates that the local agency has the
necessary legal authority to carry out the plan. The state provides
this demonstration in an infrastructure SIP submission which provides
the necessary structural requirements for each new or revised NAAQS.
The EPA's most recent approval of Iowa's demonstration that its local
agencies have the legal authority to carry out the SIP appears in EPA's
August 23, 2021, approval of Iowa's infrastructure SIP for the 2015
ozone NAAQS. See 86 FR 46984.
EPA's approval of county air quality ordinances into the SIP does
not depend on whether a county has a certificate of acceptance from the
state. Furthermore, EPA's approval of the state's infrastructure SIP
submission does not depend on whether a local agency has obtained a
certificate of acceptance issued under Chapter 27. Therefore, the EPA
proposes to remove Chapter 27 from the Iowa SIP because the EPA
approved Chapter 27 in error and it is not required by the CAA for
implementation, maintenance, or enforcement of the NAAQS.
C. Analysis of IAC 567--Subrule 22.1(3)``b''(8)--Application for a
Case-by-Case MACT Determination
During the review of this rulemaking, the EPA determined that IAC
567-22.1(3)``b''(8)--Application for a case-by-case MACT determination-
be removed from the Iowa SIP. This subrule was approved into the Iowa
SIP on December 3, 1999 (64 FR 67784). IAC 567-22.1(3)``b''(8) provides
the requirements for sources to apply for a case-by-case maximum
achievable control technology (MACT) determination in a construction
permit application for the construction or reconstruction of a major
source of hazardous air pollutants. Case-by-case MACT determinations
are required by CAA section 112(j) and 40 CFR part 63, subpart B if EPA
misses the deadline for promulgating a section 112(d) standard by more
than 18 months. Accordingly, the EPA is proposing to remove IAC 567-
22.1(3)``b''(8) from the Iowa SIP because it relates to section 112
requirements and the control of air toxics rather than criteria
pollutants and is therefore not required by the CAA for implementation,
maintenance, or enforcement of the NAAQS.
D. Analysis of IAC 567--Subrule 25.1(12)--Alternative Emission Control
Program Trade Off Sulfur Dioxide CEMS Requirements
During its review of this rulemaking, the EPA determined that IAC
567-25.1(12) was approved into the Iowa SIP in error on September 12,
1985 (50 FR 37176). IAC 567-25.1(12) requires sources with an approved
alternative emission control program under IAC 567-22.7(1) that
involves the trade-off of sulfur dioxide emissions to install,
calibrate, maintain and operate a continuous emissions monitoring
system (CEMS) for sulfur dioxide. At the time that the EPA approved IAC
567-25.1(12) into the SIP, IAC 567-22.7(1) was not part of the SIP, and
has not been subsequently approved. Therefore the requirement for a
source with an approved alternative emission control program to operate
a sulfur dioxide CEMs was not an enforceable requirement of the SIP.
Iowa moved the requirements of IAC 567-25.1(12) to IAC 567-
22.7(2)``f''. Accordingly, EPA is proposing to remove IAC 567-25.1(12)
from the SIP because it was not an enforceable requirement of the SIP
and is therefore not required by the CAA for implementation,
maintenance, or enforcement of the NAAQS.
E. Analysis of IAC 567--Subrule 23.1(1)--In General
In its July 16, 2024, submittal, Iowa excluded its revision to IAC
567-23.1(1) from the SIP. IAC 567-23.1(1) states that the NSPS shall
apply as specified in IAC 567-23.1(2), which is not approved into the
SIP. In addition, the rule states that the NESHAPs shall apply as
specified in IAC 567-23.1(3), which is not approved into the SIP.
Finally, the rule requires compliance with all other emission standards
to be in accordance with Chapter 21--Compliance, a chapter which is
approved into the SIP, and does not rely on IAC 567-23.1(1) in order to
be enforceable.
During its review of this rulemaking, the EPA determined that IAC
567-23.1(1) was approved into the Iowa SIP in error on May 31, 1972 (37
FR 10842). This subrule is a general provision that pertains to federal
standards, such as the NSPS and NESHAPs, and requires compliance with
regulations that are not approved into the SIP. Iowa requests
delegation of certain NSPS and NESHAPs under a delegation agreement
with the EPA.\2\ For these reasons, the
[[Page 14662]]
EPA is proposing to remove IAC 567-23.1(1) from the Iowa SIP because it
is not required by the CAA for implementation, maintenance, or
enforcement of the NAAQS.
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\2\ See <a href="https://www.epa.gov/ia/delegation-authority-iowa-new-source-performance-standards-and-national-emission-standards">https://www.epa.gov/ia/delegation-authority-iowa-new-source-performance-standards-and-national-emission-standards</a>.
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F. Section 193 ``Anti-Backsliding'' Analysis
CAA section 193 provides that, for SIP control requirements in
effect before November 15, 1990, any ``modification'' thereof must
``insure[ ] equivalent or greater emissions reductions'' of the air
pollutant for which the area is in nonattainment. 42 U.S.C. 7515.
Congress added this provision in the 1990 Amendments as part of an
effort to ensure adequate support for NAAQS attainment and maintenance.
Consistent with the provision's plain text, Congress' intent in
adopting this provision was to provide a `back-up' anti-backsliding
provision for nonattainment areas beyond what was provided by
110(l).\3\ As a general matter, this ``anti-backsliding'' analysis is
required when modifying SIP control requirements, whether through
section 110(k)(6) or otherwise, if the modification impacts pre-1990
control requirements in a nonattainment area.
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\3\ See, e.g., Senate Debate on the 1990 Amendments to the CAA
Conference Report (Oct. 26, 1990), 1990 CAA Legis. Hist. 1097, 1126-
1127 (Comments of Senator Chafee, R-RI, primary drafter of CAA
Amendments of 1990).
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All areas of Iowa are designated in attainment or maintenance of
each NAAQS. See 40 CFR 81.316. As a result, the EPA's proposed removal
of the above rules from the Iowa SIP is not subject to the general
savings clause in CAA section 193.
VII. What action is the EPA taking?
The EPA is proposing to amend the Iowa SIP and Title V Operating
Permit Program by approving the State's request to revise section 567,
Title II--Iowa Air Quality Regulations. In addition, the EPA is
proposing to remove IAC 567--Chapter 27, IAC 567-22.1(3)``b''(8), IAC
567-23.1(1), and IAC 567-25.1(12) from the Iowa SIP under the authority
of CAA section 110(k)(6) because EPA's previous approval of these rules
into the Iowa SIP was in error. We are processing this as a proposed
action because we are soliciting comments on this proposed action. The
EPA is soliciting comment on the substantive and administrative
revisions detailed in this proposal and the TSD. The EPA is not
soliciting comment on existing rule text that has been previously
approved by the EPA into the SIP. Final rulemaking will occur after
consideration of any comments.
VIII. 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, and as discussed in section
III. of this preamble, the EPA is proposing the incorporation by
reference of section 567, Title II of the Iowa Air Quality
Administrative Regulations, which regulates air quality in the state of
Iowa:
<bullet> Chapter 21--Compliance, Excess Emissions, and Measurement
of Emissions, which provides provisions for air quality compliance,
excess emissions, and measurement of emissions;
<bullet> Chapter 22--Controlling Air Pollution, which provides
provisions for air quality construction permitting as well as
applicable air quality definitions;
<bullet> Chapter 23--Air Emission Standards, which provides
provisions for air emission standards as well as applicable air quality
definitions;
<bullet> Chapter 24--Operating Permits, which includes provisions
for Title V Operating Permits, Acid Rain Permits, and Small Source
Operating Permits;
<bullet> Chapter 30--Fees, which defines specific air quality fees
owed by air contaminant sources;
<bullet> Chapter 31--Nonattainment New Source Review, which
provisions for the preconstruction review and permitting program
applicable to new or modified major sources of air pollutants in areas
that do not meet the National Ambient Air Quality Standards (NAAQS);
and
<bullet> Chapter 33--Construction Permit Requirements for Major
Stationary Sources--Prevention of Significant Deterioration (PSD),
which provides provisions for the preconstruction permitting program
applicable to new or modified major stationary sources of air
pollutants.
The EPA is also proposing to remove rules that were previously
incorporated by reference from the Iowa SIP. In accordance with the
requirements of 1 CFR 51.5, the EPA is proposing to remove IAC 567--
Chapter 27, IAC 567-22.1(3)``b''(8), IAC 567-23.1(1), and IAC 567-
25.1(12) discussed in section VI. of this preamble and as set forth
below in the proposed revision 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
Region 7 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
IX. 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).
[[Page 14663]]
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: March 13, 2026.
James Macy,
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, in the table in paragraph (c):
0
a. Remove the center heading ``Chapter 20--Scope of Title--
Definitions'' and the entries ``567-20.1'', ``567-20.2'', and ``567-
20.3''.
0
b. Revise the center heading ``Chapter 21--Compliance'' to read
``Chapter 21--Compliance, Excess Emissions, and Measurement of
Emissions'' and the entries ``567-21.1'', ``567-21.2'', ``567-21.3'',
``567-21.4'', ``567-21.5'', and ``567-21.6'' and add the entries ``567-
21.7'', ``567-21.8'', ``567-21.10'', ``567-21.13'', ``567-21.14'',
``567-21.15'', ``567-21.16'', and ``567-21.17''.
0
c. Revise the center heading ``Chapter 22--Controlling Pollution'' to
read ``Chapter 22--Controlling Air Pollution'' and the entries ``567-
22.1'', 567-22.2'', ``567-22.3'', 567-22.4'', ``567-22.5'', ``567-
22.8'', ``567-22.9'', and ``567-22.10''; add the entry ``567-22.11'';
and remove the entries ``567-22.105'', ``567-22.200'', ``567-22.201'',
``567-22.202'', ``567-22.203'', ``567-22.204'', ``567-22.205'', ``567-
22.206'', ``567-22.207'', ``567-22.208'', ``567-22.209'', and ``567-
22.300''.
0
d. Revise the center heading ``Chapter 23--Emission Standards for
Contaminants'' to read ``Chapter 23-Air Emission Standards'' and the
entries ``567-23.1'', ``567-23.2'', ``567-23.3'', and ``567-23.4''.
0
e. Revise the center heading ``Chapter 24--Excess Emissions'' to read
``Chapter 24-Operating Permits''; remove the entries ``567-24.1'' and
567-24.2''; and add the entries ``567-24.105'' and ``567-24.300''.
0
f. Remove the center heading ``Chapter 25--Measurement of Emissions''
and the entry ``567-25.1''.
0
g. Remove the center heading ``Chapter 26--Prevention of Air Pollution
Emergency Episodes'' and the entries ``567-26.1'', ``567-26.2'', ``567-
26.3'', and ``567-26.4''.
0
h. Remove the center heading ``Chapter 27--Certificate of Acceptance''
and the entries ``567-27.1'', ``567-27.2'', ``567-27.3'', ``567-27.4'',
and ``567-27.5''.
0
i. Remove the center heading ``Chapter 28--Ambient Air Quality
Standards'' and the entry ``567-28.1''.
0
j. Remove the center heading ``Chapter 29--Qualification in Visual
Determination of the Opacity of Emissions'' and the entry ``567-29.1''.
0
k. Revise the center heading ``Chapter 31--Nonattainment Areas'' to
read ``Chapter 31--Nonattainment New Source Review'' and the entries
``567-31.1'', ``567-31.3'', ``567-31.4'', ``567-31.9'', and ``567-
31.10'' and remove entries ``567-31.2 and 567-31.20''.
0
l. Revise the center heading ``Chapter 33--Special Regulations and
Construction Permit Requirements for Major Stationary Sources--
Prevention of Significant Deterioration (PSD) of Air Quality'' to read
``Chapter 33-Construction Permit Requirements for Major Stationary
Sources--Prevention of Significant Deterioration (PSD)'' and the
entries ``567-33.1'', ``567-33.3'', ``567-33.9'', and 567-33.10''.
The revisions and additions read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 21--Compliance, Excess Emissions, and Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-21.1.................. Definitions and 6/19/2024 [Date of publication ......................
compliance of the final rule in
requirements. the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.2.................. Variances.............. 6/19/2024 [Date of publication ......................
of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.4.................. Circumvention of rules. 6/19/2024 [Date of publication ......................
of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.5.................. Evidence used in 6/19/2024 [Date of publication ......................
establishing that a of the final rule in
violation has occurred the Federal
or is occurring. Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
[[Page 14664]]
567-21.6.................. Temporary electricity 6/19/2024 [Date of publication ......................
generation for of the final rule in
disaster situations. the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.7.................. Excess emission 6/19/2024 [Date of publication ......................
reporting. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.8.................. Maintenance and repair 6/19/2024 [Date of publication ......................
requirements. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.10................. Testing and sampling of 6/19/2024 [Date of publication ......................
new and existing of the final rule in
equipment. the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.13................. Methodology and 6/19/2024 [Date of publication ......................
qualified observer. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.14................. Prevention of air 6/19/2024 [Date of publication ......................
pollution emergency of the final rule in
episodes--general. the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.15................. Episode criteria....... 6/19/2024 [Date of publication ......................
of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.16................. Preplanned abatement 6/19/2024 [Date of publication ......................
strategies. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-21.17................. Actions taken during 6/19/2024 [Date of publication ......................
episodes. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Air Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1.................. Definitions and permit 6/19/2024 [Date of publication The definitions for
requirements for new of the final rule in ``anaerobic lagoon,''
or existing stationary the Federal ``odor,'' ``odorous
sources. Register], 91 FR substance,''
[Federal Register ``odorous substance
page where the source'' are not SIP
document begins of approved.
the final rule].
567-22.2.................. Processing permit 6/19/2024 [Date of publication ......................
applications. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-22.3.................. Issuing permits........ 6/19/2024 [Date of publication Subrule 22.3(6) is not
of the final rule in SIP approved.
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-22.4.................. Major stationary 6/19/2024 [Date of publication ......................
sources located in of the final rule in
areas designated the Federal
attainment or Register], 91 FR
unclassified (PSD). [Federal Register
page where the
document begins of
the final rule].
567-22.5.................. Major stationary 6/19/2024 [Date of publication ......................
sources located in of the final rule in
areas designated the Federal
nonattainment. Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-22.8.................. Permit by rule......... 6/19/2024 [Date of publication ......................
of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-22.9.................. Special requirements 6/19/2024 [Date of publication ......................
for visibility of the final rule in
protection. the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
[[Page 14665]]
567-22.10................. Permitting requirements 6/19/2024 [Date of publication ......................
for country grain of the final rule in
elevators, country the Federal
grain terminal Register], 91 FR
elevators, grain [Federal Register
terminal elevators and page where the
feed mill equipment. document begins of
the final rule].
567-22.11................. Ambient air quality 6/19/2024 [Date of publication ......................
standards. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
----------------------------------------------------------------------------------------------------------------
Chapter 23--Air Emission Standards
----------------------------------------------------------------------------------------------------------------
567-23.1.................. Emission standards..... 6/19/2024 [Date of publication Subrules 23.1(1)-(5)
of the final rule in are not SIP approved.
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-23.2.................. Open burning........... 6/19/2024 [Date of publication Subrule 23.2(3)j is
of the final rule in not SIP approved.
the Federal Variances from
Register], 91 FR opening burning rule
[Federal Register 23.2(2) are subject
page where the to EPA approval.
document begins of
the final rule].
567-23.3.................. Specific contaminants.. 6/19/2024 [Date of publication Subrule 23.3(3)``(d)''
of the final rule in is not SIP approved.
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-23.4.................. Specific processes..... 6/19/2024 [Date of publication Subrule 23.4(10) is
of the final rule in not SIP approved.
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
----------------------------------------------------------------------------------------------------------------
Chapter 24--Operating Permits
----------------------------------------------------------------------------------------------------------------
567-24.105................ Title V permit 6/19/2024 [Date of publication Only subparagraph
applications. of the final rule in 24.105(2)i(5) is SIP
the Federal approved.
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-24.300................ Operating permit by 6/19/2024 [Date of publication ......................
rule for small sources. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
----------------------------------------------------------------------------------------------------------------
Chapter 31--Nonattainment New Source Review
----------------------------------------------------------------------------------------------------------------
567-31.1.................. Permit requirements 6/19/2024 [Date of publication ......................
relating to of the final rule in
nonattainment area. the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-31.3.................. Nonattainment new 6/19/2024 [Date of publication ......................
source review (NNSR) of the final rule in
requirements for areas the Federal
designated Register], 91 FR
nonattainment. [Federal Register
page where the
document begins of
the final rule].
567-31.4.................. Preconstruction review 6/19/2024 [Date of publication ......................
permit program. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-31.9.................. Actuals PALs........... 6/19/2024 [Date of publication ......................
of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-31.10................. Validity of rules...... 6/19/2024 [Date of publication ......................
of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
----------------------------------------------------------------------------------------------------------------
Chapter 33--Construction Permit Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD)
----------------------------------------------------------------------------------------------------------------
567-33.1.................. Purpose................ 6/19/2024 [Date of publication ......................
of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
[[Page 14666]]
567-33.3.................. PSD construction permit 6/19/2024 [Date of publication Provisions of the 2010
requirements for major of the final rule in PM2.5 PSD-Increments,
stationary sources. the Federal SILs, and SMCs rule
Register], 91 FR are excluded from
[Federal Register 33.3(20) and are not
page where the SIP approved.
document begins of
the final rule].
567-33.9.................. Plantwide applicability 6/19/2024 [Date of publication ......................
limitations. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
567-33.10................. Exceptions to adoption 6/19/2024 [Date of publication ......................
by reference. of the final rule in
the Federal
Register], 91 FR
[Federal Register
page where the
document begins of
the final rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
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 (aa) under
``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(aa) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567--Chapter 22 and 567-30.4 on
July 26, 2024. Rules 567-22.100 through 567-22.300(12) are now
located in Chapter 24 and are referred to as 567-24.100 through 567-
24.300(12). Rules 567-22.117 through 567-22.119 (now 567-24.117
through 567-24.119) as well as rules 567-22.210 through 567-22.299
(now 567-24.210 through 567-24.299) remain reserved and are not part
70 approved. Previously part 70 approved rules 567-22.200 through
567-22.209 (now 567-24.200 through 567-24.209) have been reserved as
a part of this approval and are no longer part 70 approved.
Revisions were also made to rule 567-30.4. Numerous definitions
located in 576-22.1, 567-22.10(1), and 567-23.1(4) retain part 70
approval. The state effective date is June 19, 2024. The proposed
revision effective date is [date 30 days after date of publication
of the final rule in the Federal Register].
* * * * *
[FR Doc. 2026-05875 Filed 3-25-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.