  SEQ CHAPTER \h \r 1 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2010-0011; FRL-_________]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

SUMMARY:  EPA is taking direct final action to approve revisions to the
Iowa State Implementation Plan (SIP) submitted by the State on April 28,
2009.  The purpose of these revisions is to update existing air quality
rules; make corrections, clarifications and improvements; and to add
information with regard to the application of permit exemptions.  EPA is
approving the SIP revisions pursuant to section 110 of the Clean Air
Act. 

DATES:  This direct final rule will be effective [insert date 60 days
from date of publication in the Federal Register], without further
notice, unless EPA receives adverse comment by [insert date 30 days from
date of publication in the Federal Register].  If EPA receives adverse
comment, we will publish a timely withdrawal of the direct final rule in
the Federal Register informing the public that the rule will not take
effect.

ADDRESSES:  Submit your comments, identified by Docket ID No.
EPA-R07-OAR-2010-0011, by one of the following methods:  

1.	  HYPERLINK "http://www.regulations.gov"  www.regulations.gov . 
Follow the on-line instructions for submitting comments.

2.	E-mail:  casburn.tracey@epa.gov.

3.	Mail or Hand Delivery:  Tracey Casburn, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. 

	Instructions:  Direct your comments to Docket ID No.
EPA-R07-OAR-2010-0011.  EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.  Do not submit through   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  or e-mail information
that you consider to be CBI or otherwise protected.  The   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  website is an
“anonymous access” system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment.  If you send an e-mail comment directly to EPA without
going through   HYPERLINK "http://www.regulations.gov" 
www.regulations.gov , your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

	Docket:  All documents in the docket are listed in the   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  index.  Although
listed in the index, some information is not publicly available, i.e.,
CBI or other information whose disclosure is restricted by statute. 
Certain other material, such as copyrighted material, will be publicly
available only in hard copy form.  Publicly available docket materials
are available either electronically in   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  or in hard copy at
the Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.  The Regional
Office’s official hours of business are Monday through Friday, 8:00 to
4:30 excluding Federal holidays.  The interested persons wanting to
examine these documents should make an appointment with the office at
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT:  Tracey Casburn at (913) 551-7016, or
by e-mail at casburn.tracey@epa.gov.

SUPPLEMENTARY INFORMATION:

	Throughout this document “we,” ”us,” or “our” refer to the
EPA.

Table of Contents

What is being addressed in this document?

What revisions is EPA approving?

What action is EPA taking?

Statutory and Executive Order Reviews

I.	What is being addressed in this document?

The State has revised Chapter 22 of the State air pollution control
rules promulgated by the State’s Environmental Protection Commission. 
EPA is approving the revisions described below for the reasons discussed
in this document.

II.	What revisions is EPA approving?

The State made revisions to Chapter 22, “Controlling Pollution,” to
clarify the terms and conditions of permit exemptions for certain
internal combustion engines and spray booths.  Those revisions are
described in this document.

The State added a requirement to Iowa Rule 567-22.1(2)“r” that the
owner or operator of an internal combustion engine with a brake
horsepower of less than 400, measured at the shaft, must submit a
certification to the Iowa Department of Natural Resources that the
engine is in compliance with Federal New Source Performance Standards
listed at 40 CFR Part 60, Subpart IIII or Subpart JJJJ and Federal
National Emission Standards for Hazardous Air Pollutants (NESHAPS)
listed at 40 CFR Part 63, Subpart ZZZZ.

The State amended Iowa Rule 567-22.8(1) to add clarification that the
facilities, which spray one gallon per day or less of sprayed material
on a facility-wide basis, are exempt from all other requirements of Iowa
Rule 567-22 with the exception that the owner or operator must adhere to
record keeping requirements specified in the rule for the sprayed
material.  The revision also requires that the owner or operator must
certify that the facility is in compliance with or otherwise exempt from
the Federal regulations specified in Iowa Rule 567-22.8(1)“e” (the
NESHAPS for paint stripping and surface coating at area sources, and the
NESHAPS for metal fabricating and finishing at area sources). 

The State added amendments to the same rule clarifying that facilities,
which spray more than one gallon per day but never more than three
gallons per day on a facility-wide basis, are exempt from all other
requirements of Iowa State Rule 567-22 except the owner or operator must
adhere to certification, record keeping and emissions venting
requirements as identified in the rule.  The State added a requirement
that the owner or operator must certify that the facility is in
compliance with or otherwise exempt from the Federal regulations
specified in Iowa Rule 567-22.8(1)“e” (described above). 

The State added language clarifying that facilities, which spray more
than three gallons per day on a facility-wide basis, are not eligible to
use the permit by rule for spray booths and must apply for a
construction permit as required by subrules 567-22.1(1) and 567-22.1(3)
unless otherwise exempt.

The State added language explaining its requirements for the
“Notification Letter.”  Facilities which claim to be permitted by
provisions of the rule must submit a notification letter, on forms
provided by the State, certifying that the facility meets the following
requirements:

(1)	All paint booths and associated equipment are in compliance with the
provisions of Iowa Rule 567-22.8(1);

(2)	All paint booths and associated equipment are in compliance with all
applicable requirements, including but not limited to, the allowable
particulate emission rate for painting and surface coating operations of
0.01 gr/scf of exhaust gas as specified in Iowa Rule 567-23.4(13); and

(3)	All paint booths and associated equipment are in compliance with or
otherwise exempt from the Federal NESHAPS at 40 CFR Part 63, subpart
HHHHHH.

This revision also amends the numbering system of Iowa Rule
567-22.8(1)“e” to allow for the addition of the requirements of the
notification letter. 

III.	What action is EPA taking?

	EPA is taking final action to approve the revisions to the Iowa SIP. 
The revisions submitted pertain to corrections, clarifications and
improvements as listed previously in this document.  These modifications
either clarify existing requirements or add additional requirements for
sources to qualify for permit exemptions.  Therefore, EPA has determined
that the revisions will not adversely affect the air quality in the
State of Iowa and will not relax the SIP.  

The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102.  The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V.  The
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.

	EPA is processing this action as a direct final action because the
revisions make changes to the existing rules which are noncontroversial.
 Therefore, we do not anticipate any adverse comments.  Please note that
if EPA receives adverse comment on part of this rule and if that part
can be severed from the remainder of the rule, EPA may adopt as final
those parts of the rule that are not the subject of an adverse comment. 

IV. 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 (Public Law 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). 

	Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [FEDERAL REGISTER OFFICE: insert
date 60 days from date of publication of this document in the Federal
Register].  Filing a petition for reconsideration by the Administrator
of this final rule does not affect the finality of this action for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action.  Parties with objections to this
direct final rule are encouraged to file a comment in response to the
parallel notice of proposed rulemaking for this action published in the
proposed rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking.  This action may not be challenged later in
proceedings to enforce its requirements.  (See section 307(b) (2).)

List of Subjects

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: _February 23, 2010.___   /s/ Karl Brooks _______________     

						  Karl Brooks,

						  Regional Administrator, 

						  Region 7.

	40 CFR part 52 is amended as follows:

	Part 52 - [AMENDED]  

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

	Authority:  42 U.S.C. 7401 et seq.  

	Subpart Q - Iowa  

	2.	In § 52.820(c) the table is amended by revising the entries for
567-22.1 and 567-22.8 to read as follows:

§52.820 Identification of plan.  

* * * * *

	(c) * * *

EPA-Approved Iowa Regulations

Iowa citation	Title	State effective date	EPA approval date	Explanation

Iowa Department of Natural Resources Environmental Protection Commission
[567]

* * * * * * *

Chapter 22 – Controlling Pollution

567-22.1	Permits required for New or Existing Stationary Sources	3/18/09
[insert date of FR publication] [insert FR page number where the
document begins]

	* * * * * * *

567-22.8	Permits By Rule	3/18/09	[insert date of FR publication] [insert
FR page number where the document begins]

	* * * * * * *

* * * * *

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