[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Proposed Rules]
[Pages 10357-10360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03513]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2020-0059; FRL-10005-47-Region 7]
Air Plan Approval; Iowa; State Implementation Plan and Operating
Permits Program
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 Permits Program. The revisions include updating definitions,
regulatory references, correcting the State's mailing address,
requiring facilities to submit electronic emissions inventory
information under the State's title V permitting program, and updating
references for the most recent federally approved minimum
specifications and quality assurance procedures for performance
evaluations of continuous monitoring systems. These revisions will not
impact air quality and will ensure consistency between the State and
Federally approved rules.
DATES: Comments must be received on or before March 25, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0059 to https://www.regulations.gov. 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 https://www.regulations.gov/, 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: Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7719; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. What SIP revisions are being proposed by the EPA?
III. What operating permit plan revisions are being proposed by the
EPA?
IV. Have the requirements for approval of a SIP and the operating
permits program revisions been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is proposing to approve a submission from the State of Iowa
to revise its SIP and the Operating Permits Program. On April 18, 2019,
the Iowa Department of Natural Resources (IDNR) submitted a request to
revise the SIP to incorporate recent changes to Iowa Administrative
Code. The following three chapters are impacted. Chapter 20, ``Scope of
Title--Definitions;'' Chapter 22, ``Controlling Pollution;'' and
Chapter 25, ``Measurement of Emissions''.
The revisions include updates to the definition of ``EPA Reference
Method'' and the corresponding procedures for Federal updates to
methods and procedures for continuous monitoring systems, correct the
mailing address for IDNR's Air Quality Bureau, add a regulatory cross-
reference, and require facilities to submit electronic emissions
inventory information under the state's title V permitting program. The
specific changes and EPA analysis are discussed in more detail below.
Sections 111 and 112 of the Clean Air Act (CAA) allow the EPA to
delegate authority to states for New Source Performance Standards
(NSPS), National Emission Standards for Hazardous Air Pollutants
(NESHAPs), and emission guidelines. 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, NESHAPs, and
emission guidelines are not directly approved into the SIP, but rather,
are adopted by reference. Thus, the EPA is not proposing to approve
these changes to Iowa Administrative Code into the State's SIP.
II. What SIP revisions are being proposed by the EPA?
The EPA is proposing the following revisions to the Iowa SIP:
Chapter 20, Scope of Title-Definitions: The State revised the
definition of ``EPA reference method'' to adopt methods for continuous
monitoring approved by EPA on August 7, 2017. The update will ensure
that state reference methods are equivalent to Federal reference
[[Page 10358]]
methods; thus, EPA proposes to approve this change.
Chapter 22, subrule 22.1(1), Permit Required: In subrule
22.1(1)c.(1), Eligibility, the State has added a reference to rule 567-
31.3(455B). The addition of rule 567-31.3(455B)is a cross-reference to
the rules for nonattainment areas specified in Chapter 31. Since there
is no impact on air quality or the stringency of the SIP as a result of
this change, EPA proposes to approve it.
Chapter 22, subrule 22.1(3), Construction Permits, subrule 22.3(8),
Ownership change of permitted equipment, subrule 22.9(3), Duty to self-
identify, subrule 22.300(8), Registration and reporting, and subrule
22.300(12), Change of ownership, have been revised to correct the
address for the IDNR's Air Quality Bureau. EPA proposes to approve
these changes.
Chapter 25, Measurement of Emissions: The State revised subrule
25.1(9),''Methods and Procedures,'' to adopt the minimum performance
specificatons and quality assurance procedures for performance
evaluations of continuous monitoring systems specified by the EPA in 40
CFR part 60, appendix B amended through August 7, 2017. The proposed
update will ensure that State reference methods are equivalent to
Federal reference methods and are no more stringent than Federal
methods; thus, EPA proposes to approve this change.
III. What operating permit plan revisions are being proposed by the
EPA?
The EPA is proposing to approve the following revisions to Iowa's
Operating Permits Program (title V) as follows:
Chapter 22, subrule 22.100 (455B): As discussed above, the
definition of ``EPA reference method'' has similarly been revised in
definitions for the operating permits program to adopt the minimum
performance specificatons and quality assurance procedures for
performance evaluations of continuous monitoring systems specified by
the EPA in 40 CFR part 60, appendix B amended through August 7, 2017.
Referencing the updated method will ensure that state methods are
equivalent to Federal reference methods; thus, EPA proposes to approve
this change.
Chapter 22, subrule 22.105(1), Duty to apply, subrule 22.128(4),
Submission of copies, subrule 22.300(8), Registration and reporting;
and subrule 22.300(12), Change of ownership, have been revised to
correct the address for the IDNR's Air Quality Bureau. The EPA proposes
to approve these changes.
As stated in 74 FR 68692 (December 29, 2009), the EPA is not acting
on Iowa Administrative Code 567-22.105(1) that allows facility owners
or operators to submit an electronic title V operating permit
application until the State obtains approval from the EPA that its
electronic document receiving system is consistent with the Cross-Media
Electronic Reporting Rule, 40 CFR part 3. In addition, subrule
22.105(1) ``a'' subparagraph (9) is not approved.
Chapter 22, subrule 22.106(2), Emissions inventory and
documentation due dates: This subrule has been changed to require
facilities to electronically report annual emissions inventories under
Iowa's approved title V permitting program. This change is expected to
simplify the emissions inventory reporting progress. The EPA approved
Iowa's State and Local Emissions Inventory System (SLEIS) pursuant to
the Cross-Media Electronic Reporting Rule, 40 CFR part 3, on December
9, 2015. 80 FR 76474. The IDNR offers both in-person and on-line
training to support the change from paper to electronic reporting in
SLEIS. Since there is no impact to air quality and this change is
consistent with federal requirements for reporting, the EPA proposes to
approve this change.
IV. Have the requirements for approval of a SIP and the operating
permits program revisions been met?
The submission met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The State held a public
comment period from December 19, 2018 to January 22, 2019, with a
public hearing on January 22, 2019. One comment was received, but it
was outside the scope of this rulemaking. The submission satisfies the
completeness criteria of 40 CFR part 51, appendix V. In addition, these
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations. Finally, the revisions are
also consistent with applicable EPA requirements of title V of the CAA
and 40 CFR part 70.
V. What actions are proposed?
The EPA is proposing to approve revisions to the Iowa SIP and the
Operating Permits Program. The proposed revisions update the definition
of ``EPA Reference Method'' and the corresponding procedures for
Federal updates to methods and procedures for continuous monitoring
systems, correct the mailing address for IDNR's Air Quality Bureau, add
a regulatory cross-reference, and require facilities to submit
electronic emissions inventory information under the State's title V
permitting program. The EPA has determined that approval of these
revisions will not impact air quality and will ensure consistency
between the state and federally-approved rules, and ensure Federal
enforceability of the State's revised air program rules.
VI. 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, the EPA is proposing to
incorporate by reference the Iowa Regulations described in the proposed
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov 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).
VII. Statutory and Executive Order Reviews
Under the CAA, 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 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:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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);
[[Page 10359]]
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 CAA; 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).
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).
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: February 13, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, 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, the table in paragraph (c) is amended by revising
the entries ``567-20.2'', ``567-22.1'', ``567-22.9'', ``567-22.300''
and ``567-25.1'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
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State
Iowa citation Title effective EPA approval date Explanation
date
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Iowa Department of Natural Resources Environmental Protection Commission [567]
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Chapter 20--Scope of Title--Definitions
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* * * * * * *
567-20.2............... Definitions........... 4/17/2019 [Date of publication The definitions for
of the final rule in ``anaerobic lagoon,''
the Federal ``odor,'' ``odorous
Register], [Federal substance,'' ``odorous
Register citation of substance source'' are
the final rule]. not SIP approved.
* * * * * * *
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Chapter 22--Controlling Pollution
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567-22.1............... Permits Required for 4/17/2019 [Date of publication In 22.1(3) the following
New or Stationary of the final rule in sentence regarding
Sources. the Federal electronic submission is
Register], [Federal not SIP approved. The
Register citation of sentence is:
the final rule]. ``Alternatively, the
owner or operator may
apply for a construction
permit for a new or
modified stationary
source through the
electronic submittal
format specified by the
department.''
* * * * * * *
567-22.9............... Special Requirements 4/17/2019 [Date of publication ..........................
for Visibility of the final rule in
Protection. the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
567-22.300............. Operating Permit by 4/17/2019 [Date of publication ..........................
Rule for Small of the final rule in
Sources. the Federal
Register], [Federal
Register citation of
the final rule].
[[Page 10360]]
* * * * * * *
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Chapter 25--Measurement of Emissions
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567-25.1............... Testing and Sampling 4/17/2019 [Date of publication ..........................
of New and Existing of the final rule in
Equipment. the Federal
Register], [Federal
Register citation of
the final rule].
* * * * * * *
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (u) under
``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(u) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100, 567-22.105(1), 567-
22.106(2), 567-22.128(4), 567-22.300(8), and 567-22.300(12). The
state effective date is April 17, 2019. The proposed revision
effective date is [date of Regional Administrator signature of the
final rule in the Federal Register].
* * * * *
[FR Doc. 2020-03513 Filed 2-21-20; 8:45 am]
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