[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 doolan.stephanie@epa.gov.

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]
----------------------------------------------------------------------------------------------------------------
                                     Chapter 20--Scope of Title--Definitions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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]
 BILLING CODE 6560-50-P


