Approval and Promulgation of Air Quality Implementation Plans; Iowa; Update to Materials Incorporated by Reference

Federal RegisterJul 29, 2009

Ask Donna

What actually matters in this document.

Text

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-8933-5]

Approval and Promulgation of Air Quality Implementation Plans; Iowa; Update to Materials Incorporated by Reference

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; notice of administrative change.

SUMMARY:

EPA is updating the materials submitted by Iowa that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the State agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office.

DATES:

Effective Date:

This action is effective July 29, 2009.

ADDRESSES:

SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 7, 901 North 5th Street, Kansas City, Kansas 66101; or at

http://www.epa.gov/region07/programs/artd/air/rules/fedapprv.htm

; the Air and Radiation Docket and Information Center, EPA Headquarters Library, Room Number 3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation Docket at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to:

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT:

Evelyn VanGoethem at (913) 551-7659, or by e-mail at

vangoethem.evelyn@epa.gov.

SUPPLEMENTARY INFORMATION:

The SIP is a living document which the State revises as necessary to address the unique air pollution problems in the State. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations to make them part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference Federally approved SIPs, as a result of consultations between EPA and the Office of the Federal Register. The description of the revised SIP document, IBR procedures and “Identification of plan” format are discussed in further detail in the May 22, 1997,

Federal Register

document.

On February 12, 1999, EPA published a document in the

Federal Register

(64 FR 7091) beginning the new IBR procedure for Iowa. On September 23, 2004 (69 FR 56942), EPA published an update to the IBR material for Iowa.

In this document, EPA is doing the following:

1. Announcing the update to the IBR material as of July 1, 2009.

2. Correcting the date format in the “State effective date” or “State Submittal date” and “EPA approval date” columns in § 52.820 paragraphs (c), (d) and (e). Dates are numerical month/day/year without additional zeros.

3. Modifying the

Federal Register

citation in § 52.820 paragraphs (c), (d) and (e) to reflect the beginning page of the preamble as opposed to the page number of the regulatory text.

4. Removing the second entry for 567-22.4 in § 52.820 paragraph (c) under Chapter 22.

EPA has determined that today's rule falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3), which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Immediate notice in the CFR benefits the public by providing notice of the updated Iowa SIP compilation.

Statutory and Executive Order Reviews

Under the Clean Air Act, 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, 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:

• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501

et seq.

);

• 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.

);

• 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);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• 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; and

• 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).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801

et seq.,

as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the

Federal Register

. A major rule cannot take effect until 60 days after it is published in the

Federal Register

. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. This action is simply an announcement of prior rulemakings that have previously undergone notice and comment. Prior EPA rulemaking actions for each individual component of the Iowa SIP compilation previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action.

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 8, 2009.

William Rice,

Acting Regional Administrator, Region 7.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority for citation for part 52 continues to read as follows:

Authority:

42 U.S.C. 7401

et seq.

Subpart Q—Iowa

2. In § 52.820 paragraphs (b), (c), (d) and (e) are revised to read as follows:

§ 52.820

Identification of plan.

(b)

Incorporation by reference.

(1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to July 1, 2009, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the

Federal Register.

Entries in paragraphs (c) and (d) of this section with EPA approval dates after July 1, 2009, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 7 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the SIP as of July 1, 2009.

(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 7, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; at the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). If you wish to obtain material from the EPA Regional Office, please call (913) 551-7659; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation Docket at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to:

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c)

EPA-approved regulations.

EPA-Approved Iowa Regulations

Iowa citation

Title

State effective date

EPA approval date

Explanation

Iowa Department of Natural Resources Environmental Protection Commission [567]

Chapter 20—Scope of Title-Definitions-Forms-Rule of Practice

567-20.1

Scope of Title

N/A

8/6/07, 72 FR 43539

This rule is a non-substantive description of the Chapters contained in the Iowa rules. EPA has not approved all of the Chapters to which this rule refers.

567-20.2

Definitions

3/19/08

8/25/08, 73 FR 49950

The definitions for anaerobic lagoon, odor, odorous substance, and odorous substance source, are not SIP approved.

567-20.3

Air Quality Forms Generally

4/24/02

3/7/03, 68 FR 10969

Chapter 21—Compliance

567-21.1

Compliance Schedule

7/12/06

8/6/07, 72 FR 43539

567-21.2

Variances

4/4/07

10/16/07, 72 FR 58535

567-21.3

Emission Reduction Program

3/14/90

6/29/90, 55 FR 26690

567-21.4

Circumvention of Rules

3/14/90

6/29/90, 55 FR 26690

567-21.5

Evidence Used in Establishing That a Violation Has or Is Occurring

11/16/94

10/30/95, 60 FR 55198

Chapter 22—Controlling Pollution

567-22.1

Permits Required for New or Existing Stationary Sources

3/19/08

8/25/08, 73 FR 49950

567-22.2

Processing Permit Applications

4/9/97

6/25/98, 63 FR 34600

567-22.3

Issuing Permits

7/13/05

12/20/05, 70 FR 75399

Subrule 22.3(6) is not SIP approved.

567-22.4

Special Requirements for Major Stationary Sources Located in Areas Designated Attainment or Unclassified (PSD)

11/1/06

5/14/07, 72 FR 27056

567-22.5

Special Requirements for Nonattainment Areas

7/21/99

3/4/02, 67 FR 9591

567-22.8

Permit by Rule

7/21/99

3/4/02, 67 FR 9591

567-22.9

Special Requirements for Visibility Protection

4/20/05

9/13/05, 70 FR 53939

567-22.10

Permitting Requirements for Country Grain Elevators, Country Grain Terminal Elevators, Grain Terminal Elevators and Feed Mill Equipment

3/19/08

8/25/08, 49950

567-22.105

Title V Permit Applications

11/16/94

10/30/95, 60 FR 55198

Only subparagraph (2)i(5) is included in the SIP.

567-22.200

Definitions for Voluntary Operating Permits

10/18/95

4/30/96, 61 FR 18958

567-22.201

Eligibility for Voluntary Operating Permits

4/4/07

10/16/07, 72 FR 58535

567-22.202

Requirement To Have a Title V Permit

4/9/97

6/25/98, 63 FR 34600

567-22.203

Voluntary Operating Permit Applications

10/14/98

3/4/02, 67 FR 9591

567-22.204

Voluntary Operating Permit Fees

12/14/94

4/30/96, 61 FR 18958

567-22.205

Voluntary Operating Permit Processing Procedures

12/14/94

4/30/96, 61 FR 18958

567-22.206

Permit Content

10/18/95

4/30/96, 61 FR 18958

567-22.207

Relation to Construction Permits

12/14/94

4/30/96, 61 FR 18958

567-22.208

Suspension, Termination, and Revocation of Voluntary Operating Permits

12/14/94

4/30/96, 61 FR 18958

567-22.209

Change of Ownership for Facilities With Voluntary Operating Permits

7/13/05

12/20/05, 70 FR 75399

567-22.300

Operating Permit by Rule for Small Sources

4/4/07

10/16/07, 72 FR 58535

Chapter 23—Emission Standards for Contaminants

567-23.1

Emission Standards

10/14/98

5/22/00, 65 FR 32030

Subrules 23.1(2)-(5) are not SIP approved.

567-23.2

Open Burning

1/14/04

11/3/04, 69 FR 63945

Subrule 23.2(3)g(2) was not submitted for approval. Variances from open burning rule 23.2(2) are subject to EPA approval.

567-23.3

Specific Contaminants

12/15/04

5/31/07, 72 FR 30275

Subrule 23.3(3) “(d)” is not SIP approved.

567-23.4

Specific Processes

3/19/08

8/25/08, 73 FR 49950

Subrule 23.4(10) is not SIP approved.

Chapter 24—Excess Emissions

567-24.1

Excess Emission Reporting

5/13/98

5/22/00, 65 FR 32030

567-24.2

Maintenance and Repair Requirements

3/14/90

6/29/90, 55 FR 26690

Chapter 25—Measurement of Emissions

567-25.1

Testing and Sampling of New and Existing Equipment

4/4/07

10/16/07, 72 FR 58535

Chapter 26—Prevention of Air Pollution Emergency Episodes

567-26.1

General

3/14/90

6/29/90, 55 FR 26690

567-26.2

Episode Criteria

3/14/90

6/29/90, 55 FR 26690

567-26.3

Preplanned Abatement Strategies

3/14/90

6/29/90, 55 FR 26690

567-26.4

Actions During Episodes

3/14/90

6/29/90, 55 FR 26690

Chapter 27—Certificate of Acceptance

567-27.1

General

3/14/90

6/29/90, 55 FR 26690

567-27.2

Certificate of Acceptance

3/14/90

6/29/90, 55 FR 26690

567-27.3

Ordinance or Regulations

3/14/90

6/29/90, 55 FR 26690

567-27.4

Administrative Organization

3/14/90

6/29/90, 55 FR 26690

567-27.5

Program Activities

3/14/90

6/29/90, 55 FR 26690

Chapter 28—Ambient Air Quality Standards

567-28.1

Statewide Standards

3/14/90

6/29/90, 55 FR 26690

Chapter 29—Qualification in Visual Determination of the Opacity of Emissions

567-29.1

Methodology and Qualified Observer

5/13/98

5/22/00, 65 FR 32030

Chapter 31—Nonattainment Areas

567-31.1

Permit Requirements Relating to Nonattainment Areas

2/22/95

10/23/97, 62 FR 55172

567-31.2

Conformity of General Federal Actions to the Iowa SIP or Federal Implementation Plan

5/3/98

5/22/00, 65 FR 32030

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration (PSD) of Air Quality

567-33.1

Purpose

11/1/06

5/14/07, 72 FR 27056

567-33.2

Reserved

11/1/06

5/14/07, 72 FR 27056

567-33.3

Special Construction Permit Requirements for Major Stationary Sources in Areas Designated Attainment or Unclassified (PSD)

11/1/06

5/14/07, 72 FR 27056

567-33.4 to 567-33.8

Reserved

11/1/06

5/14/07, 72 FR 27056

567-33.9

Plantwide Applicability Limitations (PALs)

11/1/06

5/14/07, 72 FR 27056

567-33.10

Exceptions to Adoption by Reference

11/1/06

5/14/07, 72 FR 27056

Chapter 34—Provisions for Air Quality Emissions Trading Programs

567-34.1

Purpose

7/12/06

8/6/07, 72 FR 43539

567-34.2 to 567-34.199

Reserved

7/12/06

8/6/07, 72 FR 43539

567-34.201

CAIR NO

Annual Trading Program Provisions

11/28/07

4/15/08, 73 FR 20177

567-34.202

CAIR Designated Representative for CAIR NO

Sources

7/12/06

8/6/07, 72 FR 43539

567-34.203

Permits

7/12/06

8/6/07, 72 FR 43539

567-34.204

Reserved

7/12/06

8/6/07, 72 FR 43539

567-34.205

CAIR NO

Allowance Allocations

7/12/06

8/6/07, 72 FR 43539

567-34.206

CAIR NO

Allowance Tracking System

7/12/06

8/6/07, 72 FR 43539

567-34.207

CAIR NO

Allowance Transfers

7/12/06

8/6/07, 72 FR 43539

567-34.208

Monitoring and Reporting

7/12/06

8/6/07, 72 FR 43539

567-34.209

CAIR NO

Opt-in Units

7/12/06

8/6/07, 72 FR 43539

567-34.210

CAIR SO

Trading Program

11/28/07

4/15/08, 73 FR 20177

567-34.211 to 567-34.219

Reserved

7/12/06

8/6/07, 72 FR 43539

567-34.220

CAIR NO

Ozone Season Trading Program

7/12/06

8/6/07, 72 FR 43539

567-34.221

CAIR NO

Ozone Season Trading Program General

11/28/07

4/15/08, 73 FR 20177

567-34.222

CAIR Designated Representative for CAIR NO

Ozone Season Sources

7/12/06

8/6/07, 72 FR 43539

567-34.223

CAIR NO

Ozone Season Permits

7/12/06

8/6/07, 72 FR 43539

567-34.224

Reserved

7/12/06

8/6/07, 72 FR 43539

567-34.225

CAIR NO

Ozone Season Allowance Allocations

7/12/06

8/6/07, 72 FR 43539

567-34.226

CAIR NO

Ozone Season Allowance Tracking System

7/12/06

8/6/07, 72 FR 43539

567-34.227

CAIR NO

Ozone Season Allowance Transfers

7/12/06

8/6/07, 72 FR 43539

567-34.228

CAIR NO

Ozone Season Monitoring and Reporting

7/12/06

8/6/07, 72 FR 43539

567-34.229

CAIR NO

Ozone Season Opt-in Units

7/12/06

8/6/07, 72 FR 43539

Linn County

Chapter 10

Linn County Air Quality Ordinance, Chapter 10

3/1/05

8/16/05, 70 FR 48073

10.2, Definitions of Federally Enforceable, Maximum Achievable Control Technology (MACT), and MACT floor; 10.4(1), Title V Permits; 19.9(2), NSPS; 19.9(3), Emission Standards for HAPs; 19.9(4), Emission Standards for HAPs for Source Categories; 10.11, Emission of objectionable odors; and, 10.15, Variances are not a part of the SIP.

Polk County

Chapter V

Polk County Board of Health Rules and Regulations Air Pollution Chapter V

11/7/06

6/26/07, 72 FR 35018

Article I, Section 5-2, definition of “variance”; Article VI, Sections 5-16(n), (o) and (p); Article VIII, Article IX, Sections 5-27(3) and (4); Article XIII, and Article XVI, Section 5-75(b) are not a part of the SIP. Article X, Section 5-28 has a State effective date of 8/24/05.

(d)

EPA-approved State source-specific permits

EPA-Approved Iowa Source-Specific Orders/Permits

Name of source

Order/permit No.

State effective date

EPA approval date

Explanation

(1) Archer-Daniels Midland Company

90-AQ-10

3/25/91

11/1/91, 56 FR 56158

(2) Interstate Power Company

89-AQ-04

2/21/90

11/1/91, 56 FR 56158

(3) Grain Processing Corporation

74-A-015-S

9/18/95

12/1/97, 62 FR 63454

(4) Grain Processing Corporation

79-A-194-S

9/18/95

12/1/97, 62 FR 63454

(5) Grain Processing Corporation

79-A-195-S

9/18/95

12/1/97, 62 FR 63454

(6) Grain Processing Corporation

95-A-374

9/18/95

12/1/97, 62 FR 63454

(7) Muscatine Power and Water

74-A-175-S

9/14/95

12/1/97, 62 FR 63454

(8) Muscatine Power and Water

95-A-373

9/14/95

12/1/97, 62 FR 63454

(9) Monsanto Corporation

76-A-161S3

7/18/96

12/1/97, 62 FR 63454

(10) Monsanto Corporation

76-A-265S3

7/18/96

12/1/97, 62 FR 63454

(11) IES Utilities, Inc

97-AQ-20

11/20/98

3/11/99, 64 FR 12087

Control Plan for Cedar Rapids.

(12) Archer-Daniels-Midland Corporation

Emission Control Plan

9/14/98

3/11/99, 64 FR 12087

ADM Corn Processing SO

Control Plan for Cedar Rapids.

(13) Linwood Mining and Minerals Corporation

98-AQ-07

3/13/98

3/18/99, 64 FR 13343

control plan for Buffalo.

(14) Lafarge Corporation

98-AQ-08

3/13/98

3/18/99, 64 FR 13343

control plan for Buffalo.

(15) Holnam, Inc

A.C.O. 1999-AQ-31

9/2/99

11/6/02, 67 FR 67563

For a list of the 47 permits issued for individual emission points see IDNR letters to Holnam, Inc., dated 7/24/01.

(16) Holnam, Inc

Consent Amendment to A.C.O. 1999-AQ-31

5/16/01

11/6/02, 67 FR 67563

For a list of the 47 permits issued for individual emission points see IDNR letters to Holnam, Inc., dated 7/24/01.

(17) Holnam, Inc

Permits for 17-01-009, Project Nos. 99-511 and 00-468

7/24/01

11/6/02, 67 FR 67563

For a list of the 47 permits issued for individual emission points see IDNR letters to Holnam, Inc., dated 7/24/01.

(18) Lehigh Portland Cement Company

A.C.O. 1999-AQ-32

9/2/99

11/6/02, 67 FR 67563

For a list of the 41 permits issued for individual emission points see IDNR letters to Lehigh dated 7/24/01 and 2/18/02.

(19) Lehigh Portland Cement Company

Permits for plant No. 17-01-005, Project Nos. 99-631 and 02-037

2/18/02

11/6/02, 67 FR 67563

For a list of the 41 permits issued for individual emission points see IDNR letters to Lehigh dated 7/24/01 and 2/18/02.

(20) Blackhawk Foundry and Machine Company

A.C.O. 03-AQ-51

12/4/03

6/10/04, 69 FR 32454

Together with the permits listed below this order comprises the PM

control strategy for Davenport, Iowa.

(21) Blackhawk Foundry and Machine Company

Permit No. 02-A-116 (Cold Box Core Machine)

8/19/02

6/10/04, 69 FR 32454

Provisions of the permit that relate to pollutants other than PM