[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Proposed Rules]
[Pages 4118-4120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00928]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2022-0959; FRL-10493-01-R7]


Air Plan Approval; IA; Electronic Submittal of Air Quality 
Information

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 Permit Program for the State of Iowa. The revisions require 
the electronic submittal of air emissions reporting, construction 
permit applications, and Title V permit applications, and make 
administrative updates. These revisions do not impact the stringency of 
the SIP or have an adverse effect on air quality. The EPA's proposed 
approval of this rule revision is being done in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: Comments must be received on or before February 23, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2022-0959 to 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 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: Bethany Olson, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7905; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by EPA?
IV. What operating permit plan revisions are being proposed by EPA?
V. Have the requirements for approval of a SIP and the operating 
permit plan revisions been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2022-
0959, at www.regulations.gov. Once submitted, comments cannot be edited 
or removed from Regulations.gov. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit 
www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Iowa SIP and the 
Operating Permits Program received on June 3, 2022. The revisions 
incorporate recent changes to Iowa Administrative Code. The following 
chapters are impacted:
     Chapter 20, ``Scope of Title--Definitions;''
     Chapter 21, ``Compliance;'' and
     Chapter 22, ``Controlling Pollution.''
    The revisions require the electronic submittal of air emissions 
reporting, construction permit applications, and Title V permit 
applications, and make administrative updates. EPA proposes to find 
that these revisions meet the requirements of the Clean Air Act, do not 
impact the stringency of the SIP,

[[Page 4119]]

and do not adversely impact air quality. The full text of these changes 
can be found in the State's submission, which is included in the docket 
for this action.

III. What SIP revisions are being proposed by EPA?

    The EPA is proposing the following revisions to the Iowa SIP:
    Chapter 20, Subrule 20.2, Scope of Title-Definitions: The state 
revised the definition of ``Electronic format'' for clarity. The 
updates are administrative in nature; thus, EPA proposes to approve 
this change.
    Chapter 21, Subrule 21.1(3), Emissions inventory: The state 
revisions require emissions information to be submitted in electronic 
format after January 1, 2023, if electronic submittal is provided. EPA 
finds this change meets the requirements of CAA section 110 and does 
not negatively impact the stringency of the SIP.
    Chapter 22, Subrule 22.1(3) Construction permits: The state 
revisions require construction permit applications to be submitted in 
electronic format after January 1, 2023, if electronic submittal is 
provided. EPA finds this change meets the requirements of CAA section 
110 and does not negatively impact the stringency of the SIP.

IV. What operating permit plan revisions are being proposed by EPA?

    The EPA is proposing to approve the following revision to the 
Operating Permit Program:
    Chapter 22, subrule 22.105(455B), Title V permit applications: The 
state revised subrule 22.105(1), ``Duty to apply,'' to require Title V 
operating permit applications to be submitted in electronic format 
after January 1, 2023, if electronic submittal is provided. The subrule 
was also revised to correct an outdated address.
    The state revised subrule 22.105(2), ``Standard application form 
and required information,'' to require the standard Title V permit 
application form to be submitted in electronic format after January 1, 
2023, if electronic submittal is provided.
    Chapter 22, subrule 22.128(455B), Acid rain applications-
requirement to apply: The state revised subrule 22.128(4), ``Submission 
of copies,'' to require acid rain permit applications to be submitted 
in electronic format after January 1, 2023, if electronic submittal is 
provided.
    EPA finds these changes meet the requirements of 40 CFR part 70 and 
do not negatively impact the stringency of the Operating Permit 
Program.

V. Have the requirements for approval of a SIP and the operating permit 
plan revisions been met?

    The State submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. The 
State provided public notice on this SIP revision from January 12, 
2022, to February 14, 2022, and held a public hearing on February 14, 
2022. Iowa received one comment in support of the rule during the 
comment period. Iowa did not revise the rule based on public comment 
prior to submitting to EPA, as noted in the State submission included 
in the docket for this action.
    In addition, as explained above, the revision meets the substantive 
SIP requirements of the CAA, including section 110 and implementing 
regulations.

VI. What action is the EPA taking?

    We are processing this as a proposed action because we are 
soliciting comments on this proposed action. Final rulemaking will 
occur after consideration of any comments.

VII. 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 finalizing the 
incorporation by reference of the Iowa rules 567-20.2, 567-21.1, 567-
22.1, 567-22.105(1), 567-22.105(2) and 567-22.128(4) discussed in 
sections II-IV of this preamble and as set forth below in the proposed 
amendments to 40 CFR part 52. 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).

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act (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, the 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);
     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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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 
proposed 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

[[Page 4120]]

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: January 12, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the 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'', ``567-21.1'' and ``567-22.1'' to read as 
follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
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                                                           State
        Iowa citation                  Title          effective date    EPA approval date        Explanation
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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..........         5/11/22  [Date of publication  The definitions for
                                                                       of the final rule     ``anaerobic
                                                                       in the Federal        lagoon,'' ``odor,''
                                                                       Register], [Federal   ``odorous
                                                                       Register citation     substance,''
                                                                       of the final rule].   ``odorous substance
                                                                                             source'' are not
                                                                                             SIP approved.
 
                                                  * * * * * * *
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                                             Chapter 21--Compliance
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567-21.1.....................  Compliance Schedule..         5/11/22  [Date of publication
                                                                       of the final rule
                                                                       in the Federal
                                                                       Register], [Federal
                                                                       Register citation
                                                                       of the final rule]..
 
                                                  * * * * * * *
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                                        Chapter 22--Controlling Pollution
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567-22.1.....................  Permits Required for          5/11/22  [Date of publication
                                New or Existing                        of the final rule
                                Stationary Sources.                    in 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 (y) under 
``Iowa'' to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Iowa

* * * * *
    (y) The Iowa Department of Natural Resources submitted for 
program approval revisions to rules 567-22.105(1), 567-22.105(2) and 
567-22.128(4) on June 3, 2022. The state effective date is May 11, 
2022. The proposed revision effective date is [date 30 days after 
date of publication of the final rule in the Federal Register].
* * * * *
[FR Doc. 2023-00928 Filed 1-23-23; 8:45 am]
BILLING CODE 6560-50-P


