80_FR_33304 80 FR 33192 - Approval and Promulgation of Air Quality Implementation Plans; Iowa; Grain Vacuuming Best Management Practices (BMPs) and Rescission Rules

80 FR 33192 - Approval and Promulgation of Air Quality Implementation Plans; Iowa; Grain Vacuuming Best Management Practices (BMPs) and Rescission Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 112 (June 11, 2015)

Page Range33192-33195
FR Document2015-14089

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) for the State of Iowa to amend Best Management Practices (BMPs) for grain vacuuming operations at Group 1 grain elevators. Additional revisions to the SIP include revised definitions, revised requirements for Department forms, and rescinding rule requirements and references for conditional permits.

Federal Register, Volume 80 Issue 112 (Thursday, June 11, 2015)
[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Rules and Regulations]
[Pages 33192-33195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14089]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0358; FRL-9928-90-Region-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Iowa; Grain Vacuuming Best Management Practices (BMPs) and Rescission 
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State Implementation Plan 
(SIP) for the State of Iowa to amend Best Management Practices (BMPs) 
for grain vacuuming operations at Group 1 grain elevators. Additional 
revisions to the SIP include revised definitions, revised requirements 
for Department forms, and rescinding rule requirements and references 
for conditional permits.

DATES: This direct final rule will be effective August 10, 2015, 
without further notice, unless EPA receives adverse comment by July 13, 
2015. 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-2015-0358, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: Hamilton.heather@epa.gov
    3. Mail or Hand Delivery: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0358. 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 www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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 
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 www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 a.m. to 4:30 
p.m. excluding legal 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: Heather Hamilton, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7039, or by email at 
Hamilton.heather@epa.gov.

[[Page 33193]]


SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The State of Iowa requested EPA approval of revisions to the SIP to 
amend Best Management Practices (BMPs) for grain vacuuming operations 
at Group 1 grain elevators. Additional revisions to the SIP include 
revised definitions, revised requirements for Department forms, and 
rescinding rule requirements and references for conditional permits.
    These revisions were submitted in two separate requests. The 
amendment to the BMPs was effective on September 10, 2014, and received 
by EPA on November 20, 2014. The second request for additional 
revisions was effective on April 22, 2015, and received by EPA on May 
4, 2015. Details with regard both submittals are included in the 
technical support document which is part of this docket.

II. Have the requirements for approval of a SIP revision 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.

III. What action is EPA taking?

    EPA is taking direct final action to approve revisions to State of 
Iowa State Implementation Plan (SIP). Chapter 22, ``Controlling 
Pollution,'' is amended to revise the Best Management Practices (BMPs) 
for Group 1 grain elevators to include grain vacuuming operations. 
Group 1 grain elevators are country grain elevators, country grain 
terminal elevators, or grain terminal elevators with the potential to 
emit less than 15 tons of PM10 per year. Existing Group 1 
facilities are those that commenced construction or reconstruction 
before February 6, 2008; new facilities are those that commenced 
construction after February 6, 2008. Revised BMPs were included with 
the SIP submission.
    Additional revisions made to the Iowa SIP include revising the 
definition of volatile organic compounds with the most recent 
Federally-approved date; removing all references to conditional permits 
throughout the SIP, and rescinding the air quality forms section.
    Conditional permits were added to the Iowa Code in the 1970s to 
facilitate electric utility rate setting. The Iowa Utilities Board 
changed the rate setting requirements so that conditional permits were 
not needed. There is no record of issuing a conditional permit to an 
electric facility; therefore, references to conditional permits are 
being removed with this action.
    References to obsolete and duplicative air quality forms are being 
removed from the SIP.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. The revised BMPs were developed through a 
stakeholder workgroup that was jointly organized by IDNR, and grain 
elevator operators and grain vacuum vendors. One comment was received 
during the public comment period in support of the revised BMPs. The 
remaining revisions are largely administrative, and consistent with 
Federal regulations. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revisions. If adverse comments 
are received on this direct final rule we will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.

IV. Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Iowa 
Regulations in chapters 20, 22, 31, and 33 described in the direct 
final amendments to 40 CFR part 52 set forth below. EPA has made, and 
will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).
    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 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 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).
    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).
    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

[[Page 33194]]

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 August 10, 2015. 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. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

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: May 28, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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(c), the table is amended by revising the entries for 
``567-20.2'', ``567-20.3'', ``567-22.1'', ``567-22.2'', ``567-22.3'', 
``567-22.10'', ``567-31.20'', and ``567-33.3'' to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
       Iowa citation                   Title             effective     EPA approval date         Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission (567)
                          Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
567-20.2..................  Definitions...............      4/22/15  6/11/15 and [Insert    ....................
                                                                      Federal Register
                                                                      citation].
567-20.3..................  Air Quality Forms               4/22/15  6/11/15 and [Insert    ....................
                             Generally.                               Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1..................  Permits required for New        4/22/15  6/11/15 and [Insert    ....................
                             or Existing Stationary                   Federal Register
                             Source.                                  citation].
567-22.2..................  Processing Permit               4/22/15  6/11/15 and [Insert    ....................
                             Applications.                            Federal Register
                                                                      citation].
567-22.3..................  Issuing Permits...........      4/22/15  6/11/15 and [Insert    ....................
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
567-22.10.................  Permitting Requirements         9/10/14  6/11/15 and [Insert    ....................
                             for Country Grain                        Federal Register
                             Elevators, Country Grain                 citation].
                             Terminal Elevators, Grain
                             Terminal Elevators and
                             Feed Mill Equipment.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
567-31.20.................  Special Requirements for        4/22/15  6/11/15 and [Insert    ....................
                             Nonattainment Areas                      Federal Register
                             Designated Before May 18,                citation].
                             1998. (Originally Adopted
                             in 567-22.5).
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
 

[[Page 33195]]

 
                                                  * * * * * * *
567-33.3..................  Special Construction            4/22/14  6/11/15 and [Insert    ....................
                             Permit Requirements for                  Federal Register
                             Major Stationary Sources                 citation].
                             in Areas Designated
                             Attainment or
                             Unclassified (PSD).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-14089 Filed 6-10-15; 8:45 am]
 BILLING CODE 6560-50-P



                                           33192              Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations

                                           List of Subjects in 40 CFR Part 52                      PART 52—APPROVAL AND                                   Regulations’’ is amended by removing
                                                                                                   PROMULGATION OF                                        the entry ‘‘Part 12, Cement Kilns’’; and
                                             Environmental protection, Air                         IMPLEMENTATION PLANS                                   ■ b. In paragraph (e), the second table
                                           pollution control, Incorporation by                                                                            titled ‘‘EPA Approved Nonregulatory
                                           reference, Intergovernmental relations,                 ■ 1. The authority citation for part 52                Provisions and Quasi-Regulatory
                                           Lead, Reporting and recordkeeping                       continues to read as follows:                          Measures in the New Mexico SIP’’ is
                                           requirements.                                                                                                  amended by adding an entry at the end
                                                                                                       Authority: 42 U.S.C. 7401 et seq.
                                             Dated: May 27, 2015.                                                                                         of the table for ‘‘Infrastructure and
                                           Ron Curry,                                              Subpart GG—New Mexico                                  Transport for the 2008 Pb NAAQS’’.
                                                                                                                                                             The addition reads as follows:
                                           Regional Administrator, Region 6.
                                                                                                   ■  2. In § 52.1620:                                    § 52.1620   Identification of plan.
                                             Therefore, 40 CFR part 52 is amended
                                                                                                   ■ a. In paragraph (c), the first table titled          *       *    *     *     *
                                           as follows:                                             ‘‘EPA Approved New Mexico                                  (e) * * *

                                                  EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
                                                                                                                                    State sub-
                                                                                               Applicable geographic or
                                                  Name of SIP provision                                                             mittal/effec-             EPA approval date             Explanation
                                                                                                 nonattainment area                  tive date


                                                     *                   *                         *                    *                            *                   *                      *
                                           Infrastructure and Transport for the        Statewide (except Bernalillo County)             9/9/2011    June 11, 2015 [Insert Federal Reg-
                                              2008 Pb NAAQS.                                                                                           ister citation].



                                           [FR Doc. 2015–13954 Filed 6–10–15; 8:45 am]             ADDRESSES:    Submit your comments,                    name and other contact information in
                                           BILLING CODE 6560–50–P                                  identified by Docket ID No. EPA–R07–                   the body of your comment and with any
                                                                                                   OAR–2015–0358, by one of the                           disk or CD–ROM you submit. If EPA
                                                                                                   following methods:                                     cannot read your comment due to
                                           ENVIRONMENTAL PROTECTION                                   1. www.regulations.gov. Follow the                  technical difficulties and cannot contact
                                           AGENCY                                                  on-line instructions for submitting                    you for clarification, EPA may not be
                                                                                                   comments.                                              able to consider your comment.
                                           40 CFR Part 52                                             2. Email: Hamilton.heather@epa.gov                  Electronic files should avoid the use of
                                                                                                      3. Mail or Hand Delivery: Heather                   special characters, any form of
                                           [EPA–R07–OAR–2015–0358; FRL–9928–90–                    Hamilton, Environmental Protection
                                                                                                                                                          encryption, and be free of any defects or
                                           Region–7]                                               Agency, Air Planning and Development
                                                                                                                                                          viruses.
                                                                                                   Branch, 11201 Renner Boulevard,
                                           Approval and Promulgation of Air                        Lenexa, Kansas 66219.                                    Docket: All documents in the docket
                                           Quality Implementation Plans; Iowa;                        Instructions: Direct your comments to               are listed in the www.regulations.gov
                                           Grain Vacuuming Best Management                         Docket ID No. EPA–R07–OAR–2015–                        index. Although listed in the index,
                                           Practices (BMPs) and Rescission                         0358. EPA’s policy is that all comments                some information is not publicly
                                           Rules                                                   received will be included in the public                available, i.e., CBI or other information
                                                                                                   docket without change and may be                       whose disclosure is restricted by statute.
                                           AGENCY: Environmental Protection                        made available online at                               Certain other material, such as
                                           Agency (EPA).                                           www.regulations.gov, including any                     copyrighted material, will be publicly
                                           ACTION: Direct final rule.                              personal information provided, unless                  available only in hard copy form.
                                                                                                   the comment includes information                       Publicly available docket materials are
                                           SUMMARY:   The Environmental Protection                 claimed to be Confidential Business                    available either electronically in
                                           Agency (EPA) is taking direct final                     Information (CBI) or other information                 www.regulations.gov or in hard copy at
                                           action to approve revisions to the State                whose disclosure is restricted by statute.             the Environmental Protection Agency,
                                           Implementation Plan (SIP) for the State                 Do not submit through                                  Air Planning and Development Branch,
                                           of Iowa to amend Best Management                        www.regulations.gov or email                           11201 Renner Boulevard, Lenexa,
                                           Practices (BMPs) for grain vacuuming                    information that you consider to be CBI                Kansas 66219. The Regional Office’s
                                           operations at Group 1 grain elevators.                  or otherwise protected. The
                                           Additional revisions to the SIP include                                                                        official hours of business are Monday
                                                                                                   www.regulations.gov Web site is an                     through Friday, 8:00 a.m. to 4:30 p.m.
                                           revised definitions, revised                            ‘‘anonymous access’’ system, which
                                           requirements for Department forms, and                                                                         excluding legal holidays. The interested
                                                                                                   means EPA will not know your identity                  persons wanting to examine these
                                           rescinding rule requirements and                        or contact information unless you
                                           references for conditional permits.                                                                            documents should make an
                                                                                                   provide it in the body of your comment.                appointment with the office at least 24
                                           DATES: This direct final rule will be                   If you send an email comment directly                  hours in advance.
                                           effective August 10, 2015, without                      to EPA without going through
                                           further notice, unless EPA receives                     www.regulations.gov, your email                        FOR FURTHER INFORMATION CONTACT:
Lhorne on DSK2VPTVN1PROD with RULES




                                           adverse comment by July 13, 2015. If                    address will be automatically captured                 Heather Hamilton, Environmental
                                           EPA receives adverse comment, we will                   and included as part of the comment                    Protection Agency, Air Planning and
                                           publish a timely withdrawal of the                      that is placed in the public docket and                Development Branch, 11201 Renner
                                           direct final rule in the Federal Register               made available on the Internet. If you                 Boulevard, Lenexa, Kansas 66219 at
                                           informing the public that the rule will                 submit an electronic comment, EPA                      913–551–7039, or by email at
                                           not take effect.                                        recommends that you include your                       Hamilton.heather@epa.gov.


                                      VerDate Sep<11>2014   13:58 Jun 10, 2015   Jkt 235001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\11JNR1.SGM   11JNR1


                                                              Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations                                          33193

                                           SUPPLEMENTARY INFORMATION:                              permits throughout the SIP, and                        the criteria of the Clean Air Act.
                                           Throughout this document ‘‘we,’’ ‘‘us,’’                rescinding the air quality forms section.              Accordingly, this action merely
                                           or ‘‘our’’ refer to EPA. This section                      Conditional permits were added to                   approves state law as meeting Federal
                                           provides additional information by                      the Iowa Code in the 1970s to facilitate               requirements and does not impose
                                           addressing the following:                               electric utility rate setting. The Iowa                additional requirements beyond those
                                           I. What is being addressed in this document?
                                                                                                   Utilities Board changed the rate setting               imposed by state law. For that reason,
                                           II. Have the requirements for approval of a             requirements so that conditional                       this action:
                                                SIP revision been met?                             permits were not needed. There is no                      • Is not a significant regulatory action
                                           III. What action is EPA taking?                         record of issuing a conditional permit to              subject to review by the Office of
                                           IV. Statutory and Executive Order Reviews               an electric facility; therefore, references            Management and Budget under
                                                                                                   to conditional permits are being                       Executive Orders 12866 (58 FR 51735,
                                           I. What is being addressed in this                      removed with this action.                              October 4, 1993) and 13563 (76 FR 3821,
                                           document?                                                  References to obsolete and duplicative              January 21, 2011);
                                              The State of Iowa requested EPA                      air quality forms are being removed                       • does not impose an information
                                           approval of revisions to the SIP to                     from the SIP.                                          collection burden under the provisions
                                           amend Best Management Practices                            We are publishing this direct final                 of the Paperwork Reduction Act (44
                                           (BMPs) for grain vacuuming operations                   rule without a prior proposed rule                     U.S.C. 3501 et seq.);
                                           at Group 1 grain elevators. Additional                  because we view this as a                                 • is certified as not having a
                                           revisions to the SIP include revised                    noncontroversial action and anticipate                 significant economic impact on a
                                           definitions, revised requirements for                   no adverse comment. The revised BMPs                   substantial number of small entities
                                           Department forms, and rescinding rule                   were developed through a stakeholder                   under the Regulatory Flexibility Act (5
                                           requirements and references for                         workgroup that was jointly organized by                U.S.C. 601 et seq.);
                                           conditional permits.                                    IDNR, and grain elevator operators and                    • does not contain any unfunded
                                                                                                   grain vacuum vendors. One comment                      mandate or significantly or uniquely
                                              These revisions were submitted in
                                                                                                   was received during the public                         affect small governments, as described
                                           two separate requests. The amendment
                                                                                                   comment period in support of the                       in the Unfunded Mandates Reform Act
                                           to the BMPs was effective on September
                                                                                                   revised BMPs. The remaining revisions                  of 1995 (Pub. L. 104–4);
                                           10, 2014, and received by EPA on
                                           November 20, 2014. The second request
                                                                                                   are largely administrative, and                           • does not have Federalism
                                                                                                   consistent with Federal regulations.                   implications as specified in Executive
                                           for additional revisions was effective on
                                                                                                   However, in the ‘‘Proposed Rules’’                     Order 13132 (64 FR 43255, August 10,
                                           April 22, 2015, and received by EPA on                  section of this Federal Register, we are
                                           May 4, 2015. Details with regard both                                                                          1999);
                                                                                                   publishing a separate document that                       • is not an economically significant
                                           submittals are included in the technical                will serve as the proposed rule to                     regulatory action based on health or
                                           support document which is part of this                  approve the SIP revisions. If adverse                  safety risks subject to Executive Order
                                           docket.                                                 comments are received on this direct                   13045 (62 FR 19885, April 23, 1997);
                                           II. Have the requirements for approval                  final rule we will not institute a second                 • is not a significant regulatory action
                                           of a SIP revision been met?                             comment period on this action. Any                     subject to Executive Order 13211 (66 FR
                                                                                                   parties interested in commenting must                  28355, May 22, 2001);
                                             The state submission has met the                      do so at this time. For further                           • is not subject to requirements of
                                           public notice requirements for SIP                      information about commenting on this                   Section 12(d) of the National
                                           submissions in accordance with 40 CFR                   rule, see the ADDRESSES section of this                Technology Transfer and Advancement
                                           51.102. The submission also satisfied                   document.                                              Act of 1995 (15 U.S.C. 272 note) because
                                           the completeness criteria of 40 CFR part                                                                       application of those requirements would
                                           51, appendix V.                                         IV. Statutory and Executive Order                      be inconsistent with the Clean Air Act;
                                                                                                   Reviews                                                and
                                           III. What action is EPA taking?
                                                                                                     In this rule, EPA is finalizing                         • does not provide EPA with the
                                              EPA is taking direct final action to                 regulatory text that includes                          discretionary authority to address, as
                                           approve revisions to State of Iowa State                incorporation by reference. In                         appropriate, disproportionate human
                                           Implementation Plan (SIP). Chapter 22,                  accordance with requirements of 1 CFR                  health or environmental effects, using
                                           ‘‘Controlling Pollution,’’ is amended to                51.5, EPA is finalizing the incorporation              practicable and legally permissible
                                           revise the Best Management Practices                    by reference of Iowa Regulations in                    methods, under Executive Order 12898
                                           (BMPs) for Group 1 grain elevators to                   chapters 20, 22, 31, and 33 described in               (59 FR 7629, February 16, 1994).
                                           include grain vacuuming operations.                     the direct final amendments to 40 CFR                     The SIP is not approved to apply on
                                           Group 1 grain elevators are country                     part 52 set forth below. EPA has made,                 any Indian reservation land or in any
                                           grain elevators, country grain terminal                 and will continue to make, these                       other area where EPA or an Indian tribe
                                           elevators, or grain terminal elevators                  documents generally available                          has demonstrated that a tribe has
                                           with the potential to emit less than 15                 electronically through                                 jurisdiction. In those areas of Indian
                                           tons of PM10 per year. Existing Group 1                 www.regulations.gov and/or in hard                     country, the rule does not have tribal
                                           facilities are those that commenced                     copy at the appropriate EPA office (see                implications and will not impose
                                           construction or reconstruction before                   the ADDRESSES section of this preamble                 substantial direct costs on tribal
                                           February 6, 2008; new facilities are                    for more information).                                 governments or preempt tribal law as
                                           those that commenced construction                         Under the Clean Air Act, the                         specified by Executive Order 13175 (65
                                           after February 6, 2008. Revised BMPs                    Administrator is required to approve a                 FR 67249, November 9, 2000).
Lhorne on DSK2VPTVN1PROD with RULES




                                           were included with the SIP submission.                  SIP submission that complies with the                     The Congressional Review Act, 5
                                              Additional revisions made to the Iowa                provisions of the Act and applicable                   U.S.C. 801 et seq., as added by the Small
                                           SIP include revising the definition of                  Federal regulations. 42 U.S.C. 7410(k);                Business Regulatory Enforcement
                                           volatile organic compounds with the                     40 CFR 52.02(a). Thus, in reviewing SIP                Fairness Act of 1996, generally provides
                                           most recent Federally-approved date;                    submissions, EPA’s role is to approve                  that before a rule may take effect, the
                                           removing all references to conditional                  state choices, provided that they meet                 agency promulgating the rule must


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                                           33194                Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations

                                           submit a rule report, which includes a                              it extend the time within which a                               PART 52—APPROVAL AND
                                           copy of the rule, to each House of the                              petition for judicial review may be filed,                      PROMULGATION OF
                                           Congress and to the Comptroller General                             and shall not postpone the effectiveness                        IMPLEMENTATION PLANS
                                           of the United States. EPA will submit a                             of such rule or action. This action may
                                           report containing this action and other                             not be challenged later in proceedings to                       ■ 1. The authority citation for part 52
                                           required information to the U.S. Senate,                            enforce its requirements. (See section                          continues to read as follows:
                                           the U.S. House of Representatives, and                              307(b)(2).)
                                           the Comptroller General of the United                                                                                                   Authority: 42 U.S.C. 7401 et seq.
                                                                                                               List of Subjects in 40 CFR Part 52
                                           States prior to publication of the rule in
                                                                                                                 Environmental protection, Air                                 Subpart Q—Iowa
                                           the Federal Register. A major rule
                                           cannot take effect until 60 days after it                           pollution control, Carbon monoxide,
                                           is published in the Federal Register.                               Incorporation by reference,                                     ■  2. In § 52.820(c), the table is amended
                                           This action is not a ‘‘major rule’’ as                              Intergovernmental relations, Lead,                              by revising the entries for ‘‘567–20.2’’,
                                           defined by 5 U.S.C. 804(2).                                         Nitrogen dioxide, Ozone, Particulate                            ‘‘567–20.3’’, ‘‘567–22.1’’, ‘‘567–22.2’’,
                                                                                                               matter, Reporting and recordkeeping                             ‘‘567–22.3’’, ‘‘567–22.10’’, ‘‘567–31.20’’,
                                              Under section 307(b)(1) of the Clean                             requirements, Sulfur oxides, Volatile                           and ‘‘567–33.3’’ to read as follows:
                                           Air Act, petitions for judicial review of                           organic compounds.
                                           this action must be filed in the United                                                                                             § 52.820    Identification of plan.
                                                                                                                Dated: May 28, 2015.
                                           States Court of Appeals for the                                                                                                     *       *    *       *     *
                                           appropriate circuit by August 10, 2015.                             Mark Hague,
                                           Filing a petition for reconsideration by                            Acting Regional Administrator, Region 7.                            (c) * * *
                                           the Administrator of this final rule does                             For the reasons stated in the
                                           not affect the finality of this action for                          preamble, EPA amends 40 CFR part 52
                                           the purposes of judicial review nor does                            as set forth below:

                                                                                                                EPA-APPROVED IOWA REGULATIONS
                                                                                                                                                         State
                                              Iowa citation                                            Title                                            effective         EPA approval date                   Explanation
                                                                                                                                                          date

                                                                              Iowa Department of Natural Resources Environmental Protection Commission (567)
                                                                                       Chapter 20—Scope of Title-Definitions-Forms-Rule of Practice


                                                   *                          *                                *                                 *                       *                     *                       *
                                           567–20.2 ............   Definitions ...................................................................         4/22/15    6/11/15 and [Insert Fed-
                                                                                                                                                                        eral Register citation].
                                           567–20.3 ............   Air Quality Forms Generally .......................................                     4/22/15    6/11/15 and [Insert Fed-
                                                                                                                                                                        eral Register citation].

                                                      *                           *                              *                              *                        *                      *                      *

                                                                                                                      Chapter 22—Controlling Pollution

                                           567–22.1 ............   Permits required for New or Existing Stationary                                         4/22/15    6/11/15 and [Insert Fed-
                                                                     Source.                                                                                            eral Register citation].
                                           567–22.2 ............   Processing Permit Applications ..................................                       4/22/15    6/11/15 and [Insert Fed-
                                                                                                                                                                        eral Register citation].
                                           567–22.3 ............   Issuing Permits ...........................................................             4/22/15    6/11/15 and [Insert Fed-
                                                                                                                                                                        eral Register citation].

                                                   *                         *                  *                  *                                                     *                     *                       *
                                           567–22.10 ..........    Permitting Requirements for Country Grain Ele-                                          9/10/14    6/11/15 and [Insert Fed-
                                                                     vators, Country Grain Terminal Elevators, Grain                                                    eral Register citation].
                                                                     Terminal Elevators and Feed Mill Equipment.

                                                      *                           *                              *                              *                        *                      *                      *

                                                                                                                      Chapter 31—Nonattainment Areas


                                                   *                         *                  *                   *                                                    *                     *                       *
                                           567–31.20 ..........    Special Requirements for Nonattainment Areas Des-                                       4/22/15    6/11/15 and [Insert Fed-
                                                                     ignated Before May 18, 1998. (Originally Adopted                                                   eral Register citation].
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                                                                     in 567–22.5).

                                               Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
                                                                                           Deterioration (PSD) of Air Quality




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                                                                 Federal Register / Vol. 80, No. 112 / Thursday, June 11, 2015 / Rules and Regulations                                                                             33195

                                                                                                   EPA-APPROVED IOWA REGULATIONS—Continued
                                                                                                                                                    State
                                               Iowa citation                                       Title                                           effective                EPA approval date                          Explanation
                                                                                                                                                     date

                                                   *                          *                   *                  *                                                    *                     *                              *
                                           567–33.3 ............    Special Construction Permit Requirements for Major                                  4/22/14        6/11/15 and [Insert Fed-
                                                                      Stationary Sources in Areas Designated Attain-                                                     eral Register citation].
                                                                      ment or Unclassified (PSD).

                                                       *                          *                         *                               *                              *                               *                   *



                                           *       *       *       *       *                               notify the public that this direct final                                 electronically at www.regulations.gov
                                           [FR Doc. 2015–14089 Filed 6–10–15; 8:45 am]                     rule will not take effect.                                               and in hard copy at EPA Region IX, 75
                                           BILLING CODE 6560–50–P                                          ADDRESSES: Submit comments,                                              Hawthorne Street, San Francisco,
                                                                                                           identified by docket number EPA–R09–                                     California 94105–3901. While all
                                                                                                           OAR–2015–0246, by one of the                                             documents in the docket are listed at
                                           ENVIRONMENTAL PROTECTION                                        following methods:                                                       www.regulations.gov, some information
                                           AGENCY                                                            1. Federal eRulemaking Portal:                                         may be publicly available only at the
                                                                                                           www.regulations.gov. Follow the on-line                                  hard copy location (e.g., copyrighted
                                           40 CFR Part 52                                                  instructions.                                                            material, large maps), and some may not
                                           [EPA–R09–OAR–2015–0246; FRL–9928–09–                              2. Email: steckel.andrew@epa.gov.                                      be publicly available in either location
                                           Region 9]                                                         3. Mail or deliver: Andrew Steckel                                     (e.g., CBI). To inspect the hard copy
                                                                                                           (Air-4), U.S. Environmental Protection                                   materials, please schedule an
                                           Revisions to the California State                               Agency Region IX, 75 Hawthorne Street,                                   appointment during normal business
                                           Implementation Plan, Butte County Air                           San Francisco, CA 94105–3901.                                            hours with the contact listed in the FOR
                                           Quality Management District, Feather                              Instructions: All comments will be                                     FURTHER INFORMATION CONTACT section.
                                           River Air Quality Management District,                          included in the public docket without                                    FOR FURTHER INFORMATION CONTACT:
                                           and San Luis Obispo County Air                                  change and may be made available                                         Arnold Lazarus, EPA Region IX, (415)
                                           Pollution Control District                                      online at www.regulations.gov,                                           972–3024 lazarus.arnold@epa.gov.
                                                                                                           including any personal information
                                           AGENCY: Environmental Protection                                                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                           provided, unless the comment includes
                                           Agency (EPA).                                                                                                                            Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                                                                           Confidential Business Information (CBI)
                                                                                                                                                                                    and ‘‘our’’ refer to the EPA.
                                           ACTION: Direct final rule.                                      or other information whose disclosure is
                                                                                                           restricted by statute. Information that                                  Table of Contents
                                           SUMMARY:   The Environmental Protection                         you consider CBI or otherwise protected
                                           Agency (EPA) is proposing to approve                                                                                                     I. The State’s Submittal
                                                                                                           should be clearly identified as such and                                    A. What rules did the State submit?
                                           revisions to the Butte County Air                               should not be submitted through                                             B. Are there other versions of these rules?
                                           Quality Management District                                     www.regulations.gov or email.                                               C. What is the purpose of the submitted
                                           (BCAQMD), Feather River Air Quality                             www.regulations.gov is an ‘‘anonymous                                          rules?
                                           Management District (FRAQMD), and                               access’’ system, and the EPA will not                                    II. The EPA’s Evaluation and Action
                                           San Luis Obispo County Air Pollution                            know your identity or contact                                               A. How is the EPA evaluating the rules?
                                           Control District (SLOCAPCD) portions                            information unless you provide it in the                                    B. Do the rules meet the evaluation
                                           of the California State Implementation                          body of your comment. If you send                                              criteria?
                                           Plan (SIP). These revisions concern                                                                                                         C. The EPA Recommendations To Further
                                                                                                           email directly to the EPA, your email                                          Improve the Rules
                                           emission statements, definitions, and                           address will be automatically captured
                                           vehicle and mobile equipment coating                                                                                                        D. Public Comment and Final Action
                                                                                                           and included as part of the public                                       III. Incorporation by Reference
                                           operations (VMECO). We are approving                            comment. If the EPA cannot read your                                     IV. Statutory and Executive Order Reviews
                                           local rules that regulate these emission                        comment due to technical difficulties
                                           sources under the Clean Air Act (CAA                            and cannot contact you for clarification,                                I. The State’s Submittal
                                           or the Act).                                                    the EPA may not be able to consider
                                           DATES: This rule is effective on August
                                                                                                                                                                                    A. What rules did the State submit?
                                                                                                           your comment. Electronic files should
                                           10, 2015 without further notice, unless                         avoid the use of special characters, any                                   Table 1 lists the rules addressed by
                                           the EPA receives adverse comments by                            form of encryption, and be free of any                                   this action with the dates that they were
                                           July 13, 2015. If we receive such                               defects or viruses.                                                      adopted by the local air agencies and
                                           comments, we will publish a timely                                Docket: Generally, documents in the                                    submitted by the California Air
                                           withdrawal in the Federal Register to                           docket for this action are available                                     Resources Board (CARB).
                                                                                                                  TABLE 1—SUBMITTED RULES
                                                                                                                                                                                                                 Adopted/
                                                       Local agency                        Rule No.                                                  Rule title                                                               Submitted
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                                                                                                                                                                                                                 Amended

                                           BCAQMD ....................................             101     Definitions .......................................................................................      4/24/14        11/06/14
                                           BCAQMD ....................................             434     Emissions Statements ....................................................................                4/25/13         2/10/14
                                           FRAQMD ....................................             3.19    Vehicle and Mobile Equipment Coating Operations ......................                                   8/01/11         2/10/14
                                           SLOCAPCD ................................               222     Federal Emission Statement ..........................................................                    5/28/14        11/06/14




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Document Created: 2015-12-15 15:07:35
Document Modified: 2015-12-15 15:07:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective August 10, 2015, without further notice, unless EPA receives adverse comment by July 13, 2015. 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.
ContactHeather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7039, or by email at [email protected]
FR Citation80 FR 33192 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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