# Approval and Promulgation of Air Quality Implementation Plans; Iowa; Update to Materials Incorporated by Reference > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3AE9-17929 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** July 29, 2009 - **Citation:** 74 FR 37556 ## 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 X Annual Trading Program Provisions 11/28/07 4/15/08, 73 FR 20177 567-34.202 CAIR Designated Representative for CAIR NO X 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 X Allowance Allocations 7/12/06 8/6/07, 72 FR 43539 567-34.206 CAIR NO X Allowance Tracking System 7/12/06 8/6/07, 72 FR 43539 567-34.207 CAIR NO X 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 X Opt-in Units 7/12/06 8/6/07, 72 FR 43539 567-34.210 CAIR SO 2 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 X Ozone Season Trading Program 7/12/06 8/6/07, 72 FR 43539 567-34.221 CAIR NO X Ozone Season Trading Program General 11/28/07 4/15/08, 73 FR 20177 567-34.222 CAIR Designated Representative for CAIR NO X Ozone Season Sources 7/12/06 8/6/07, 72 FR 43539 567-34.223 CAIR NO X 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 X Ozone Season Allowance Allocations 7/12/06 8/6/07, 72 FR 43539 567-34.226 CAIR NO X Ozone Season Allowance Tracking System 7/12/06 8/6/07, 72 FR 43539 567-34.227 CAIR NO X Ozone Season Allowance Transfers 7/12/06 8/6/07, 72 FR 43539 567-34.228 CAIR NO X Ozone Season Monitoring and Reporting 7/12/06 8/6/07, 72 FR 43539 567-34.229 CAIR NO X 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 SO 2 Control Plan for Cedar Rapids. (12) Archer-Daniels-Midland Corporation SO 2 Emission Control Plan 9/14/98 3/11/99, 64 FR 12087 ADM Corn Processing SO 2 Control Plan for Cedar Rapids. (13) Linwood Mining and Minerals Corporation 98-AQ-07 3/13/98 3/18/99, 64 FR 13343 PM 10 control plan for Buffalo. (14) Lafarge Corporation 98-AQ-08 3/13/98 3/18/99, 64 FR 13343 PM 10 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 10 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 10 are not approved by EPA as part of this SIP. (22) Blackhawk Foundry and Machine Company Permit No. 02-A-290 (Wheelabrator #2 and Casting Sorting) 8/19/02 6/10/04, 69 FR 32454 Provisions of the permit that relate to pollutants other than PM 10 are not approved by EPA as part of this SIP. (23) Blackhawk Foundry and Machine Company Permit No. 02-A-291 (Mold Sand Silo) 8/19/02 6/10/04, 69 FR 32454 Provisions of the permit that relate to pollutants other than PM 10 are not approved by EPA as part of this SIP. (24) Blackhawk Foundry and Machine Company Permit No. 02-A-292 (Bond Storage) 8/19/02 6/10/04, 69 FR 32454 Provisions of the permit that relate to pollutants other than PM 10 are not approved by EPA as part of this SIP. (25) Blackhawk Foundry and Machine Company Permit No. 02-A-293 (Induction Furnace and Aluminum Sweat Furnace) 8/19/02 6/10/04, 69 FR 32454 Provisions of the permit that relate to pollutants other than PM 10 are not approved by EPA as part of this SIP. (26) Blackhawk Foundry and Machine Company Permit No. 77-A-114-S1 (Wheelabrator #1 & Grinding) 8/19/02 6/10/04, 69 FR 32454 Provisions of the permit that relate to pollutants other than PM 10 are not approved by EPA as part of this SIP. (27) Blackhawk Foundry and Machine Company Permit No. 84-A-055-S1 (Cupola ladle, Pour deck ladle, Sand shakeout, Muller, Return sand #1, Sand cooler, Sand screen, and Return sand #2) 8/19/02 6/10/04, 69 FR 32454 Provisions of the permit that relate to pollutants other than PM 10 are not approved by EPA as part of this SIP. (28) Blackhawk Foundry and Machine Company Permit No. 72-A-060-S5 (Cupola) 8/19/02 6/10/04, 69 FR 32454 Provisions of the permit that relate to pollutants other than PM 10 are not approved by EPA as part of this SIP. (e) The EPA-approved nonregulatory provisions and quasi-regulatory measures. EPA-Approved Iowa Nonregulatory Provisions Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date EPA approval date Explanation (1) Air Pollution Control Implementation Plan Statewide 1/27/72 5/31/72, 37 FR 10842 (2) Request for a Two Year Extension to Meet the NAAQS Council Bluffs 1/27/72 5/31/72, 37 FR 10842 Correction notice published 3/2/76. (3) Revisions to Appendices D and G Statewide 2/2/72 5/31/72, 37 FR 10842 Correction notice published 3/2/76. (4) Source Surveillance and Record Maintenance Statements Statewide 4/14/72 3/2/76, 41 FR 8960 (5) Statement Regarding Public Availability of Emissions Data Statewide 5/2/72 3/2/76, 41 FR 8960 (7) Letter Describing the Certificates of Acceptance for Local Air Pollution Control Programs Linn County, Polk County 12/14/72 10/1/76, 41 FR 43407 (8) High Air Pollution Episode Contingency Plan Statewide 6/20/73 10/1/76, 41 FR 43407 (9) Summary of Public Hearing on Revised Rules Which Were Submitted on July 17, 1975 Statewide 9/3/75 10/1/76, 41 FR 43407 (10) Air Quality Modeling to Support Sulfur Dioxide Emission Standards Statewide 3/4/77 6/1/77, 42 FR 27892 (11) Nonattainment Plans Mason City, Davenport, Cedar Rapids, Des Moines 6/22/79 3/6/80, 45 FR 14561 (12) Information on VOC Sources to Support the Nonattainment Plan Linn County 10/8/79 3/6/80, 45 FR 14561 (13) Information and Commitments Pertaining to Legally Enforceable RACT Rules to Support the Nonattainment Plan Linn County 11/16/79 3/6/80, 45 FR 14561 (14) Lead Plan Statewide 8/19/80 3/20/81, 46 FR 17778 (15) Letter to Support the Lead Plan Statewide 1/19/81 3/20/81, 46 FR 17778 (16) Nonattainment Plans to Attain Secondary Standards Mason City, Cedar Rapids, Des Moines, Davenport, Keokuk, Council Bluffs, Fort Dodge, Sioux City, Clinton, Marshalltown, Muscatine, Waterloo 4/18/80 4/17/81, 46 FR 22372 (17) Information to Support the Particulate Matter Nonattainment Plan Mason City, Cedar Rapids, Des Moines, Davenport, Keokuk, Council Bluffs, Fort Dodge, Sioux City, Clinton, Marshalltown, Muscatine, Waterloo 9/16/80 4/17/81, 46 FR 22372 (18) Information to Support the Particulate Matter Nonattainment Plan Mason City, Cedar Rapids, Des Moines, Davenport, Keokuk, Council Bluffs, Fort Dodge, Sioux City, Clinton, Marshalltown, Muscatine, Waterloo 11/17/80 4/17/81, 46 FR 22372 (19) Schedule for Studying Nontraditional Sources of Particulate Matter and for Implementing the Results Mason City, Cedar Rapids, Des Moines, Davenport, Keokuk, Council Bluffs, Fort Dodge, Sioux City, Clinton, Marshalltown, Muscatine, Waterloo 6/26/81 3/5/82, 47 FR 9462 (20) Air Monitoring Strategy Statewide 7/15/81 4/12/82, 47 FR 15583 (21) Letter of Commitment to Revise Unapprovable Portions of Chapter 22 Statewide 5/14/85 9/12/85, 50 FR 37176 (22) Letter of Commitment to Submit Stack Height Regulations and to Implement the EPA's Regulations until the State's Rules Are Approved Statewide 4/22/86 7/11/86, 51 FR 25199 (23) Letter of Commitment to Implement the Stack Height Regulations in a Manner Consistent with the EPA's Stack Height Regulations with Respect to NSR/PSD Regulations Statewide 4/22/87 6/26/87, 52 FR 23981 (24) PM 10 SIP Statewide 10/28/88 8/15/89, 54 FR 33536 (25) Letter Pertaining to NO X Rules and Analysis Which Certifies the Material Was Adopted by the State on October 17, 1990 Statewide 11/8/90 2/13/91, 56 FR 5757 (26) SO 2 Plan Clinton 3/13/91 11/1/91, 56 FR 56158 (27) Letter Withdrawing Variance Provisions Polk County 10/23/91 11/29/91, 56 FR 60924 Correction notice published 1/26/93. (28) Letter Concerning Open Burning Exemptions Statewide 10/3/91 1/22/92, 57 FR 2472 (29) Compliance Sampling Manual Statewide 1/5/93 5/12/93, 58 FR 27939 (30) Small Business Assistance Plan Statewide 12/22/92 9/27/93, 58 FR 50266 (31) Voluntary Operating Permit Program Statewide 12/8/94 2/16/96 2/27/96 4/30/96, 61 FR 18958 (32) SO 2 Plan Muscatine 6/19/96 5/21/97 12/1/97, 62 FR 63454 (33) SO 2 Maintenance Plan Muscatine 4/25/97 3/19/98, 63 FR 13343 (34) SO 2 Control Plan Cedar Rapids 9/11/98 3/11/99, 64 FR 12090 (35) PM 10 Control Plan Buffalo, Iowa 10/1/98 3/18/99, 64 FR 13346 (36) CAA 110(a)(2)(D)(i) SIP—Interstate Transport Statewide 11/22/06 3/8/07, 72 FR 10380 (37) SO 2 Maintenance Plan for the Second 10-year Period Muscatine 4/5/07 8/1/07; 72 FR 41900 (38) CAA 110(a)(1) and (2)—Ozone Infrastructure SIP Statewide 6/15/07 3/04/08; 73 FR 11554 [FR Doc. E9-17929 Filed 7-28-09; 8:45 am] BILLING CODE 6560-50-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE9-17929. Public record. Not legal advice.