80_FR_45014 80 FR 44870 - Approval and Promulgation of Air Quality Implementation Plans; State of Iowa; Revisions to Linn County Air Quality Ordinance

80 FR 44870 - Approval and Promulgation of Air Quality Implementation Plans; State of Iowa; Revisions to Linn County Air Quality Ordinance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range44870-44873
FR Document2015-18346

The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for the State of Iowa. The purpose of these revisions is to update the Linn County Air Quality Ordinance, Chapter 10. These revisions reflect updates to the Iowa statewide rules previously approved by EPA and will ensure consistency between the applicable local agency rules and Federally-approved rules.

Federal Register, Volume 80 Issue 144 (Tuesday, July 28, 2015)
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44870-44873]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18346]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0357; FRL-9931-33-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Iowa; Revisions to Linn County Air Quality Ordinance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plan (SIP) for the State of Iowa. 
The purpose of these revisions is to update the Linn County Air Quality 
Ordinance, Chapter 10. These revisions reflect updates to the Iowa 
statewide rules previously approved by EPA and will ensure consistency 
between the applicable local agency rules and Federally-approved rules.

DATES: This direct final rule will be effective September 28, 2015, 
without further notice, unless EPA receives adverse comment by August 
27, 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-2015-0357, 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-
2015-0357. 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.

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 has requested EPA approval of revisions to the 
local agency's rules and regulations, Linn County Air Quality 
Ordinance, Chapter 10, as a revision to the SIP. In order for the local 
program's ``Air Quality Ordinance'' to be incorporated into the 
Federally-enforceable SIP, on behalf of the local agency, the state 
must submit the formally adopted regulations and control strategies, 
which are consistent with the state and Federal requirements, to EPA 
for inclusion in the SIP. The regulation adoption process generally 
includes public notice, a public comment period and a public hearing, 
and formal adoption of the rule by the state authorized rulemaking 
body. In this case, that rulemaking body is the local agency. After the 
local agency formally adopts the rule, the local agency submits the 
rulemaking to the

[[Page 44871]]

state, and then the state submits the rulemaking to EPA for 
consideration for formal action (inclusion of the rulemaking into the 
SIP). EPA must provide public notice and seek additional public comment 
regarding the proposed Federal action on the state's submission.
    EPA received the request from the state to adopt revisions to the 
local air agency rules into the SIP on May 4, 2015. The revisions were 
adopted by the local agency on January 28, 2015, and became effective 
on January 30, 2015. EPA is approving the requested revisions to the 
Iowa SIP relating to the following:
     Chapter 10.1 ``Purpose and Ambient Air Quality 
Standards'';
     Chapter 10.2 ``Definitions'';
     Chapter 10.5 ``Locally Required Permits'';
     Chapter 10.6 ``Permit Fees'';
     Chapter 10.8 ``Emissions from Fuel-Burning Equipment'';
     Chapter 10.12 ``Sulfur Compounds'';
     Chapter 10.13 ``Fugitive Dust,'' and,
     Chapter 10.17 ``Testing and Sampling of New and Existing 
Equipment.''

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?

    We are taking direct final action to approve the amendments to the 
Linn County Air Quality Ordinance, Chapter 10. The local agency 
routinely revises its ``Air Quality Ordinance'' regulations to be 
consistent with the Federally-approved Iowa Administrative Code and are 
revised as follows:
    Chapter 10.1, ``Purpose and Ambient Air Quality Standards'' is 
revised to cite the cross reference to state-approved rules at (455B).
    Chapter 10.2, ``Definitions'' is revised to add ``major 
modification,'' ``replacement unit,'' and to revise the definitions of 
``regulated New Source Review (NSR) pollutant,'' ``significant,'' and 
``untreated.'' Punctuation and grammar corrections were made to the 
definitions of ``Emissions Unit,'' ``Responsible Official,'' and 
``Startup.''
    Chapter 10.5, ``Locally Required Permits,'' includes revisions to 
10.5(9), ``Exemptions from the Authorization to Install Permit and 
Permit to Operate Requirements.'' For the purposes of this publication, 
the exemptions are abbreviated but can be found in their entirety in 
the Technical Support Document included in the rulemaking docket: f. 
The equipment in laboratories, n. Asbestos demolition and renovation 
projects, u. Incinerators and pyrolysis cleaning furnaces, dd. 
Production welding, and ee. Electric hand soldering, wave soldering and 
electric solder paste reflow ovens. The following exemptions have been 
added with this rulemaking: mm. Equipment related to research and 
development activities at a stationary source, and, nn. A non-road 
diesel fueled engine as defined in 40 CFR 1068.30 and as amended 
through October 8, 2008.
    Chapter 10.6, ``Permit Fees,'' is revised for administrative 
corrections to the fourth paragraph of item 2. ``Annual Fee for Permit 
to Operate.''
    Chapter 10.8, ``Emissions from Fuel-Burning Equipment,'' ``d'' has 
been removed in its entirety as it refers to the State of Iowa 
Compliance Sampling Manual which is now obsolete.
    Chapter 10.12, ``Sulfur Compounds,'' item 2, ``Other Processes 
Capable of Emitting Sulfur Dioxide'' is revised to add a sentence that 
the paragraph shall not apply to devices which have been installed for 
air pollution abatement purposes where it is demonstrated by the owner 
of the source that the ambient air quality standards are not being 
exceeded.
    Chapter 10.13, ``Fugitive Dust'' item 1, ``Attainment and 
Unclassified Areas,'' is revised to add that a person shall take 
reasonable precautions to prevent particulate matter from becoming 
airborne in quantities sufficient to cause a nuisance as defined in 
Iowa Code section 657.1 when the person allows, causes or permits any 
materials to be handled, transported or stored or a building, its 
appurtenances or a construction haul road to be used, constructed, 
altered, repaired or demolished. This does not apply to farming 
operations or dust generated by ordinary travel on unpaved roads. The 
revision further states what ordinary travel includes, and the public 
highway authority shall be responsible for taking corrective action in 
cases where said authority has received complaints.
    Chapter 10.13, ``Fugitive Dust'' item 2, ``Nonattainment Areas'' is 
revised for administrative changes for clarification.
    Chapter 10.17, ``Testing and Sampling of New and Existing 
Equipment,'' is revised for administrative, grammar, and punctuation 
corrections for clarification as follows: Item 1, ``Continuous 
Monitoring of Opacity from Coal-Fired Steam Generating Units,'' item 5, 
``Maintenance of Records of Continuous Monitors,'' item 6, ``Reporting 
of Continuous Monitoring Information,'' item 7, ``Tests by Owner,'' 
item 8, ``Tests by Department,'' item 9, ``Methods and Procedures,'' 
and item 10, ``Exemptions from Continuous Monitoring Requirements.''
    Chapter 10.17, item 7, ``Tests by Owner'' is also revised to 
clarify when pretest meetings should be conducted and to clarify 
reporting requirements. Item 9, ``Methods and Procedures,'' is revised 
to cite the cross reference to state-approved rules as they apply to 
permit and compliance demonstration requirements.
    As previously mentioned, additional information on the details of 
the Linn County Air Quality Ordinance revisions can be found in the 
Technical Support Document in the docket for this action.
    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. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule 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.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

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 for Chapter 10 Linn County Air Quality Ordinance, 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

[[Page 44872]]

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 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 September 28, 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: July 17, 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, the table in paragraph (c) is amended by revising 
the entry for ``Chapter 10'' under the heading ``Linn County'' to read 
as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

[[Page 44873]]



                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         Iowa citation                  Title        effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                                   Linn County
----------------------------------------------------------------------------------------------------------------
Chapter 10.....................  Linn County Air            1/30/15  7/28/15 and         The following
                                  Quality                             [Insert Federal     definitions are not
                                  Ordinance,                          Register            SIP-approved in
                                  Chapter 10.                         citation].          Chapter 10.2;
                                                                                          Anaerobic lagoon,
                                                                                          Biomass, Chemical
                                                                                          processing plants
                                                                                          (ethanol production
                                                                                          facilities that
                                                                                          produce ethanol by
                                                                                          natural fermentation
                                                                                          included in NAICS code
                                                                                          325193 or 312140 are
                                                                                          not included in this
                                                                                          definition); Federally
                                                                                          Enforceable;
                                                                                          Greenhouse gases;
                                                                                          Maximum Achievable
                                                                                          Control Technology
                                                                                          (MACT); MACT floor.
                                                                                          The following sections
                                                                                          are not SIP approved:
                                                                                          10.4(1), Title V
                                                                                          Permits; 10.5(9)``b''
                                                                                          Locally Required
                                                                                          Permits; Exemptions
                                                                                          from the Authorization
                                                                                          to Install Permit to
                                                                                          Operate Requirements;
                                                                                          10.5(9) ``ll'',
                                                                                          Exemption for
                                                                                          production painting,
                                                                                          adhesive or coating
                                                                                          units; 10.8(2)``b''
                                                                                          Emissions From Fuel-
                                                                                          Burning Equipment;
                                                                                          Emission Limitation;
                                                                                          10.8(3) Emissions From
                                                                                          Fuel-Burning
                                                                                          Equipment; Exemptions
                                                                                          for Residential
                                                                                          Heaters Burning Solid
                                                                                          Fuels; 10.8(4)
                                                                                          Emissions from Fuel-
                                                                                          Burning Equipment;
                                                                                          Nuisance Conditions
                                                                                          for Fuel Burning
                                                                                          Equipment; 10.9(2),
                                                                                          NSPS; 10.9(3),
                                                                                          Emission Standards for
                                                                                          HAPs; 10.9(4),
                                                                                          Emission Standards for
                                                                                          HAPs for Source
                                                                                          Categories; 10.10(4)
                                                                                          Variance from rules;
                                                                                          10.11, Emission of
                                                                                          Objectionable Odors;
                                                                                          10.15, Variances,
                                                                                          10.17(13) Continuous
                                                                                          Emissions Monitoring
                                                                                          from Acid Rain
                                                                                          Program, and 10.24,
                                                                                          Penalty.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-18346 Filed 7-27-15; 8:45 am]
BILLING CODE 6560-50-P



                                                  44870               Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations

                                                  § 52.1770   Identification of plan.                           (e) * * *
                                                  *      *     *       *       *

                                                                                        EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
                                                                                                           State                 EPA             Federal Register
                                                                    Provision                                                                                                            Explanation
                                                                                                       effective date        Approval date           citation


                                                           *                  *                              *                       *                         *                      *                   *
                                                  Supplement Maintenance Plan for the                    4/16/2015            7/28/2015        [insert Federal Reg-        Provides the non-interference demonstra-
                                                    Charlotte Area, NC 2008 8-hour Ozone                                                          ister citation].           tion for revising the Federal Low-Reid
                                                    Maintenance Area and RVP Standard.                                                                                       Vapor Pressure requirement for the
                                                                                                                                                                             Charlotte Area, NC.



                                                  [FR Doc. 2015–18343 Filed 7–27–15; 8:45 am]                 Instructions: Direct your comments to                the Environmental Protection Agency,
                                                  BILLING CODE 6560–50–P                                   Docket ID No. EPA–R07–OAR–2015–                         Air Planning and Development Branch,
                                                                                                           0357. EPA’s policy is that all comments                 11201 Renner Boulevard, Lenexa,
                                                                                                           received will be included in the public                 Kansas 66219. The Regional Office’s
                                                  ENVIRONMENTAL PROTECTION                                 docket without change and may be                        official hours of business are Monday
                                                  AGENCY                                                   made available online at                                through Friday, 8:00 a.m. to 4:30 p.m.
                                                                                                           www.regulations.gov, including any                      excluding legal holidays. The interested
                                                  40 CFR Part 52                                           personal information provided, unless                   persons wanting to examine these
                                                  [EPA–R07–OAR–2015–0357; FRL–9931–33-                     the comment includes information                        documents should make an
                                                  Region 7]                                                claimed to be Confidential Business                     appointment with the office at least 24
                                                                                                           Information (CBI) or other information                  hours in advance.
                                                  Approval and Promulgation of Air                         whose disclosure is restricted by statute.              FOR FURTHER INFORMATION CONTACT:
                                                  Quality Implementation Plans; State of                   Do not submit through                                   Heather Hamilton, Environmental
                                                  Iowa; Revisions to Linn County Air                       www.regulations.gov or email                            Protection Agency, Air Planning and
                                                  Quality Ordinance                                        information that you consider to be CBI                 Development Branch, 11201 Renner
                                                  AGENCY: Environmental Protection                         or otherwise protected. The                             Boulevard, Lenexa, Kansas 66219, at
                                                  Agency (EPA).                                            www.regulations.gov Web site is an                      913–551–7039, or by email at
                                                                                                           ‘‘anonymous access’’ system, which                      Hamilton.heather@epa.gov.
                                                  ACTION: Direct final rule.
                                                                                                           means EPA will not know your identity                   SUPPLEMENTARY INFORMATION:
                                                  SUMMARY:    The Environmental Protection                 or contact information unless you                       Throughout this document ‘‘we,’’ ‘‘us,’’
                                                  Agency (EPA) is approving revisions to                   provide it in the body of your comment.                 or ‘‘our’’ refer to EPA. This section
                                                  the State Implementation Plan (SIP) for                  If you send an email comment directly                   provides additional information by
                                                  the State of Iowa. The purpose of these                  to EPA without going through                            addressing the following:
                                                  revisions is to update the Linn County                   www.regulations.gov, your email                         I. What is being addressed in this document?
                                                  Air Quality Ordinance, Chapter 10.                       address will be automatically captured                  II. Have the requirements for approval of a
                                                  These revisions reflect updates to the                   and included as part of the comment                          SIP Revision been met?
                                                  Iowa statewide rules previously                          that is placed in the public docket and                 III. What action is EPA taking?
                                                  approved by EPA and will ensure                          made available on the Internet. If you                  IV. Statutory and Executive Order Reviews
                                                  consistency between the applicable                       submit an electronic comment, EPA
                                                  local agency rules and Federally-                        recommends that you include your                        I. What is being addressed in this
                                                  approved rules.                                          name and other contact information in                   document?
                                                  DATES: This direct final rule will be                    the body of your comment and with any                      The State of Iowa has requested EPA
                                                  effective September 28, 2015, without                    disk or CD–ROM you submit. If EPA                       approval of revisions to the local
                                                  further notice, unless EPA receives                      cannot read your comment due to                         agency’s rules and regulations, Linn
                                                  adverse comment by August 27, 2015. If                   technical difficulties and cannot contact               County Air Quality Ordinance, Chapter
                                                  EPA receives adverse comment, we will                    you for clarification, EPA may not be                   10, as a revision to the SIP. In order for
                                                  publish a timely withdrawal of the                       able to consider your comment.                          the local program’s ‘‘Air Quality
                                                  direct final rule in the Federal Register                Electronic files should avoid the use of                Ordinance’’ to be incorporated into the
                                                  informing the public that the rule will                  special characters, any form of                         Federally-enforceable SIP, on behalf of
                                                  not take effect.                                         encryption, and be free of any defects or               the local agency, the state must submit
                                                  ADDRESSES: Submit your comments,                         viruses.                                                the formally adopted regulations and
                                                  identified by Docket ID No. EPA–R07–                        Docket: All documents in the docket                  control strategies, which are consistent
                                                  OAR–2015–0357, by one of the                             are listed in the www.regulations.gov                   with the state and Federal requirements,
                                                  following methods:                                       index. Although listed in the index,                    to EPA for inclusion in the SIP. The
                                                     1. www.regulations.gov. Follow the                    some information is not publicly                        regulation adoption process generally
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  on-line instructions for submitting                      available, i.e., CBI or other information               includes public notice, a public
                                                  comments.                                                whose disclosure is restricted by statute.              comment period and a public hearing,
                                                     2. Email: Hamilton.heather@epa.gov.                   Certain other material, such as                         and formal adoption of the rule by the
                                                     3. Mail or Hand Delivery: Heather                     copyrighted material, will be publicly                  state authorized rulemaking body. In
                                                  Hamilton, Environmental Protection                       available only in hard copy form.                       this case, that rulemaking body is the
                                                  Agency, Air Planning and Development                     Publicly available docket materials are                 local agency. After the local agency
                                                  Branch, 11201 Renner Boulevard,                          available either electronically in                      formally adopts the rule, the local
                                                  Lenexa, Kansas 66219.                                    www.regulations.gov or in hard copy at                  agency submits the rulemaking to the


                                             VerDate Sep<11>2014   18:34 Jul 27, 2015   Jkt 235001   PO 00000    Frm 00042    Fmt 4700   Sfmt 4700   E:\FR\FM\28JYR1.SGM    28JYR1


                                                                      Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations                                         44871

                                                  state, and then the state submits the                    abbreviated but can be found in their                 ‘‘Reporting of Continuous Monitoring
                                                  rulemaking to EPA for consideration for                  entirety in the Technical Support                     Information,’’ item 7, ‘‘Tests by Owner,’’
                                                  formal action (inclusion of the                          Document included in the rulemaking                   item 8, ‘‘Tests by Department,’’ item 9,
                                                  rulemaking into the SIP). EPA must                       docket: f. The equipment in laboratories,             ‘‘Methods and Procedures,’’ and item
                                                  provide public notice and seek                           n. Asbestos demolition and renovation                 10, ‘‘Exemptions from Continuous
                                                  additional public comment regarding                      projects, u. Incinerators and pyrolysis               Monitoring Requirements.’’
                                                  the proposed Federal action on the                       cleaning furnaces, dd. Production                        Chapter 10.17, item 7, ‘‘Tests by
                                                  state’s submission.                                      welding, and ee. Electric hand                        Owner’’ is also revised to clarify when
                                                    EPA received the request from the                      soldering, wave soldering and electric                pretest meetings should be conducted
                                                  state to adopt revisions to the local air                solder paste reflow ovens. The following              and to clarify reporting requirements.
                                                  agency rules into the SIP on May 4,                      exemptions have been added with this                  Item 9, ‘‘Methods and Procedures,’’ is
                                                  2015. The revisions were adopted by the                  rulemaking: mm. Equipment related to                  revised to cite the cross reference to
                                                  local agency on January 28, 2015, and                    research and development activities at a              state-approved rules as they apply to
                                                  became effective on January 30, 2015.                    stationary source, and, nn. A non-road                permit and compliance demonstration
                                                  EPA is approving the requested                           diesel fueled engine as defined in 40                 requirements.
                                                  revisions to the Iowa SIP relating to the                CFR 1068.30 and as amended through                       As previously mentioned, additional
                                                  following:                                               October 8, 2008.                                      information on the details of the Linn
                                                    • Chapter 10.1 ‘‘Purpose and Ambient                      Chapter 10.6, ‘‘Permit Fees,’’ is                  County Air Quality Ordinance revisions
                                                  Air Quality Standards’’;                                 revised for administrative corrections to             can be found in the Technical Support
                                                    • Chapter 10.2 ‘‘Definitions’’;                        the fourth paragraph of item 2. ‘‘Annual              Document in the docket for this action.
                                                    • Chapter 10.5 ‘‘Locally Required                      Fee for Permit to Operate.’’                             We are publishing this direct final
                                                  Permits’’;                                                  Chapter 10.8, ‘‘Emissions from Fuel-               rule without a prior proposed rule
                                                    • Chapter 10.6 ‘‘Permit Fees’’;                        Burning Equipment,’’ ‘‘d’’ has been                   because we view this as a
                                                    • Chapter 10.8 ‘‘Emissions from Fuel-                  removed in its entirety as it refers to the           noncontroversial action and anticipate
                                                  Burning Equipment’’;                                     State of Iowa Compliance Sampling                     no adverse comment. However, in the
                                                    • Chapter 10.12 ‘‘Sulfur                               Manual which is now obsolete.                         ‘‘Proposed Rules’’ section of this
                                                  Compounds’’;                                                Chapter 10.12, ‘‘Sulfur Compounds,’’               Federal Register, we are publishing a
                                                    • Chapter 10.13 ‘‘Fugitive Dust,’’ and,                item 2, ‘‘Other Processes Capable of                  separate document that will serve as the
                                                    • Chapter 10.17 ‘‘Testing and                          Emitting Sulfur Dioxide’’ is revised to               proposed rule if adverse comments are
                                                  Sampling of New and Existing                             add a sentence that the paragraph shall               received on this direct final rule. We
                                                  Equipment.’’                                             not apply to devices which have been                  will not institute a second comment
                                                                                                           installed for air pollution abatement                 period on this action. Any parties
                                                  II. Have the requirements for approval                   purposes where it is demonstrated by                  interested in commenting must do so at
                                                  of a SIP Revision been met?                              the owner of the source that the ambient              this time. For further information about
                                                    The state submission has met the                       air quality standards are not being                   commenting on this rule, see the
                                                  public notice requirements for SIP                       exceeded.                                             ADDRESSES section of this document.
                                                  submissions in accordance with 40 CFR                       Chapter 10.13, ‘‘Fugitive Dust’’ item 1,              If EPA receives adverse comment, we
                                                  51.102. The submission also satisfied                    ‘‘Attainment and Unclassified Areas,’’ is             will publish a timely withdrawal in the
                                                  the completeness criteria of 40 CFR part                 revised to add that a person shall take               Federal Register informing the public
                                                  51, appendix V.                                          reasonable precautions to prevent                     that this direct final rule will not take
                                                                                                           particulate matter from becoming                      effect. We will address all public
                                                  III. What action is EPA taking?                          airborne in quantities sufficient to cause            comments in any subsequent final rule
                                                     We are taking direct final action to                  a nuisance as defined in Iowa Code                    based on the proposed rule.
                                                  approve the amendments to the Linn                       section 657.1 when the person allows,
                                                  County Air Quality Ordinance, Chapter                    causes or permits any materials to be                 Statutory and Executive Order Reviews
                                                  10. The local agency routinely revises                   handled, transported or stored or a                     In this rule, EPA is finalizing
                                                  its ‘‘Air Quality Ordinance’’ regulations                building, its appurtenances or a                      regulatory text that includes
                                                  to be consistent with the Federally-                     construction haul road to be used,                    incorporation by reference. In
                                                  approved Iowa Administrative Code and                    constructed, altered, repaired or                     accordance with requirements of 1 CFR
                                                  are revised as follows:                                  demolished. This does not apply to                    51.5, EPA is finalizing the incorporation
                                                     Chapter 10.1, ‘‘Purpose and Ambient                   farming operations or dust generated by               by reference of Iowa Regulations for
                                                  Air Quality Standards’’ is revised to cite               ordinary travel on unpaved roads. The                 Chapter 10 Linn County Air Quality
                                                  the cross reference to state-approved                    revision further states what ordinary                 Ordinance, described in the direct final
                                                  rules at (455B).                                         travel includes, and the public highway               amendments to 40 CFR part 52 set forth
                                                     Chapter 10.2, ‘‘Definitions’’ is revised              authority shall be responsible for taking             below. EPA has made, and will continue
                                                  to add ‘‘major modification,’’                           corrective action in cases where said                 to make, these documents generally
                                                  ‘‘replacement unit,’’ and to revise the                  authority has received complaints.                    available electronically through
                                                  definitions of ‘‘regulated New Source                       Chapter 10.13, ‘‘Fugitive Dust’’ item 2,           www.regulations.gov and/or in hard
                                                  Review (NSR) pollutant,’’ ‘‘significant,’’               ‘‘Nonattainment Areas’’ is revised for                copy at the appropriate EPA office (see
                                                  and ‘‘untreated.’’ Punctuation and                       administrative changes for clarification.             the ADDRESSES section of this preamble
                                                  grammar corrections were made to the                        Chapter 10.17, ‘‘Testing and Sampling              for more information).
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                                                  definitions of ‘‘Emissions Unit,’’                       of New and Existing Equipment,’’ is                     Under the Clean Air Act, the
                                                  ‘‘Responsible Official,’’ and ‘‘Startup.’’               revised for administrative, grammar,                  Administrator is required to approve a
                                                     Chapter 10.5, ‘‘Locally Required                      and punctuation corrections for                       SIP submission that complies with the
                                                  Permits,’’ includes revisions to 10.5(9),                clarification as follows: Item 1,                     provisions of the Act and applicable
                                                  ‘‘Exemptions from the Authorization to                   ‘‘Continuous Monitoring of Opacity                    Federal regulations. 42 U.S.C. 7410(k);
                                                  Install Permit and Permit to Operate                     from Coal-Fired Steam Generating                      40 CFR 52.02(a). Thus, in reviewing SIP
                                                  Requirements.’’ For the purposes of this                 Units,’’ item 5, ‘‘Maintenance of Records             submissions, EPA’s role is to approve
                                                  publication, the exemptions are                          of Continuous Monitors,’’ item 6,                     state choices, provided that they meet


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                                                  44872               Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations

                                                  the criteria of the Clean Air Act.                         • does not provide EPA with the                     this final rule does not affect the finality
                                                  Accordingly, this action merely                          discretionary authority to address, as                of this action for the purposes of judicial
                                                  approves state law as meeting Federal                    appropriate, disproportionate human                   review nor does it extend the time
                                                  requirements and does not impose                         health or environmental effects, using                within which a petition for judicial
                                                  additional requirements beyond those                     practicable and legally permissible                   review may be filed, and shall not
                                                  imposed by state law. For that reason,                   methods, under Executive Order 12898                  postpone the effectiveness of such rule
                                                  this action:                                             (59 FR 7629, February 16, 1994).                      or action. This action may not be
                                                     • Is not a significant regulatory action                The SIP is not approved to apply on                 challenged later in proceedings to
                                                  subject to review by the Office of                       any Indian reservation land or in any                 enforce its requirements. (See section
                                                  Management and Budget under                              other area where EPA or an Indian tribe               307(b)(2).)
                                                  Executive Orders 12866 (58 FR 51735,                     has demonstrated that a tribe has
                                                                                                           jurisdiction. In those areas of Indian                List of Subjects in 40 CFR Part 52
                                                  October 4, 1993) and 13563 (76 FR 3821,
                                                  January 21, 2011);                                       country, the rule does not have tribal                  Environmental protection, Air
                                                     • does not impose an information                      implications and will not impose                      pollution control, Carbon monoxide,
                                                  collection burden under the provisions                   substantial direct costs on tribal                    Incorporation by reference,
                                                  of the Paperwork Reduction Act (44                       governments or preempt tribal law as                  Intergovernmental relations, Lead,
                                                  U.S.C. 3501 et seq.);                                    specified by Executive Order 13175 (65                Nitrogen dioxide, Ozone, Particulate
                                                     • is certified as not having a                        FR 67249, November 9, 2000).                          matter, Reporting and recordkeeping
                                                  significant economic impact on a                           The Congressional Review Act, 5                     requirements, Sulfur oxides, Volatile
                                                                                                           U.S.C. 801 et seq., as added by the Small             organic compounds.
                                                  substantial number of small entities
                                                                                                           Business Regulatory Enforcement
                                                  under the Regulatory Flexibility Act (5                                                                         Dated: July 17, 2015.
                                                                                                           Fairness Act of 1996, generally provides
                                                  U.S.C. 601 et seq.);                                                                                           Mark Hague,
                                                                                                           that before a rule may take effect, the
                                                     • does not contain any unfunded                                                                             Acting Regional Administrator, Region 7.
                                                                                                           agency promulgating the rule must
                                                  mandate or significantly or uniquely
                                                                                                           submit a rule report, which includes a                  For the reasons stated in the
                                                  affect small governments, as described                   copy of the rule, to each House of the                preamble, EPA amends 40 CFR part 52
                                                  in the Unfunded Mandates Reform Act                      Congress and to the Comptroller General               as set forth below:
                                                  of 1995 (Pub. L. 104–4);                                 of the United States. EPA will submit a
                                                     • does not have Federalism                            report containing this action and other               PART 52—APPROVAL AND
                                                  implications as specified in Executive                   required information to the U.S. Senate,              PROMULGATION OF
                                                  Order 13132 (64 FR 43255, August 10,                     the U.S. House of Representatives, and                IMPLEMENTATION PLANS
                                                  1999);                                                   the Comptroller General of the United
                                                     • is not an economically significant                  States prior to publication of the rule in            ■ 1. The authority citation for part 52
                                                  regulatory action based on health or                     the Federal Register.                                 continues to read as follows:
                                                  safety risks subject to Executive Order                    A major rule cannot take effect until                   Authority: 42 U.S.C. 7401 et seq.
                                                  13045 (62 FR 19885, April 23, 1997);                     60 days after it is published in the
                                                     • is not a significant regulatory action              Federal Register. This action is not a                Subpart Q—Iowa
                                                  subject to Executive Order 13211 (66 FR                  ‘‘major rule’’ as defined by 5 U.S.C.
                                                  28355, May 22, 2001);                                    804(2).                                               ■  2. In § 52.820, the table in paragraph
                                                     • is not subject to requirements of                     Under section 307(b)(1) of the Clean                (c) is amended by revising the entry for
                                                  Section 12(d) of the National                            Air Act, petitions for judicial review of             ‘‘Chapter 10’’ under the heading ‘‘Linn
                                                  Technology Transfer and Advancement                      this action must be filed in the United               County’’ to read as follows:
                                                  Act of 1995 (15 U.S.C. 272 note) because                 States Court of Appeals for the
                                                  application of those requirements would                  appropriate circuit by September 28,                  § 52.820    Identification of plan.
                                                  be inconsistent with the Clean Air Act;                  2015. Filing a petition for                           *       *    *      *      *
                                                  and                                                      reconsideration by the Administrator of                   (c) * * *
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                                                                          Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations                                                             44873

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

                                                                                       Iowa Department of Natural Resources Environmental Protection Commission [567]



                                                               *                            *                           *                      *                            *                     *                    *
                                                                                                                                          Linn County

                                                  Chapter 10 ..........................     Linn County Air Quality                     1/30/15        7/28/15 and [Insert        The following definitions are not SIP-approved
                                                                                              Ordinance, Chapter                                         Federal Register ci-       in Chapter 10.2; Anaerobic lagoon, Bio-
                                                                                              10.                                                        tation].                   mass, Chemical processing plants (ethanol
                                                                                                                                                                                    production facilities that produce ethanol by
                                                                                                                                                                                    natural fermentation included in NAICS
                                                                                                                                                                                    code 325193 or 312140 are not included in
                                                                                                                                                                                    this definition); Federally Enforceable;
                                                                                                                                                                                    Greenhouse gases; Maximum Achievable
                                                                                                                                                                                    Control Technology (MACT); MACT floor.
                                                                                                                                                                                    The following sections are not SIP ap-
                                                                                                                                                                                    proved: 10.4(1), Title V Permits; 10.5(9)‘‘b’’
                                                                                                                                                                                    Locally Required Permits; Exemptions from
                                                                                                                                                                                    the Authorization to Install Permit to Oper-
                                                                                                                                                                                    ate Requirements; 10.5(9) ‘‘ll’’, Exemption
                                                                                                                                                                                    for production painting, adhesive or coating
                                                                                                                                                                                    units; 10.8(2)‘‘b’’ Emissions From Fuel-
                                                                                                                                                                                    Burning Equipment; Emission Limitation;
                                                                                                                                                                                    10.8(3) Emissions From Fuel-Burning
                                                                                                                                                                                    Equipment; Exemptions for Residential
                                                                                                                                                                                    Heaters Burning Solid Fuels; 10.8(4) Emis-
                                                                                                                                                                                    sions from Fuel-Burning Equipment; Nui-
                                                                                                                                                                                    sance Conditions for Fuel Burning Equip-
                                                                                                                                                                                    ment; 10.9(2), NSPS; 10.9(3), Emission
                                                                                                                                                                                    Standards for HAPs; 10.9(4), Emission
                                                                                                                                                                                    Standards for HAPs for Source Categories;
                                                                                                                                                                                    10.10(4) Variance from rules; 10.11, Emis-
                                                                                                                                                                                    sion of Objectionable Odors; 10.15,
                                                                                                                                                                                    Variances, 10.17(13) Continuous Emissions
                                                                                                                                                                                    Monitoring from Acid Rain Program, and
                                                                                                                                                                                    10.24, Penalty.

                                                               *                            *                           *                          *                        *                     *                    *



                                                  *       *        *       *       *                               submitted by the State of North                               Air Quality Standards (NAAQS);
                                                  [FR Doc. 2015–18346 Filed 7–27–15; 8:45 am]                      Carolina, through the North Carolina                          approves and incorporates the State’s
                                                  BILLING CODE 6560–50–P                                           Department of Environment and Natural                         plan for maintaining attainment of the
                                                                                                                   Resources, Department of Air Quality                          2008 8-hour ozone standard in the Area,
                                                                                                                   (NC DAQ), on April 16, 2015. These                            including the 2014 and 2026 sub-area
                                                  ENVIRONMENTAL PROTECTION                                         final actions are for the North Carolina                      motor vehicle emission budgets
                                                  AGENCY                                                           portion of the bi-state Charlotte-Rock                        (MVEBs) for nitrogen oxides (NOX) and
                                                                                                                   Hill, North Carolina-South Carolina                           volatile organic compounds (VOC) for
                                                  40 CFR Parts 52 and 81                                                                                                         the North Carolina portion of this Area
                                                                                                                   2008 8-hour ozone nonattainment area
                                                  [EPA–R04–OAR–2015–0275; FRL–9931–28–                             (hereinafter referred to as the ‘‘bi-state                    into the SIP; and redesignates the North
                                                  Region 4]                                                        Charlotte Area’’ or ‘‘Area’’). The bi-state                   Carolina portion of the bi-state Charlotte
                                                                                                                   Charlotte Area consists of Mecklenburg                        Area to attainment for the 2008 8-hour
                                                  Approval and Promulgation of                                     County in its entirety and portions of                        ozone NAAQS. Additionally, EPA finds
                                                  Implementation Plans and Designation                             Cabarrus, Gaston, Iredell, Lincoln,                           the 2014 and 2026 sub-area MVEBs for
                                                  of Areas; North Carolina;                                        Rowan and Union Counties, North                               the North Carolina portion of the bi-
                                                  Redesignation of the Charlotte-Rock                              Carolina; and a portion of York County,                       state Charlotte Area adequate for the
                                                  Hill, 2008 8-Hour Ozone Nonattainment                            South Carolina. Regarding South                               purposes of transportation conformity.
                                                  Area to Attainment                                               Carolina’s request to redesignate the                         DATES: This rule will be effective August
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                                                  AGENCY:  Environmental Protection                                South Carolina portion of the Area and                        27, 2015.
                                                  Agency.                                                          its maintenance plan for the 2008 8-                          ADDRESSES: EPA has established a
                                                  ACTION: Final rule.                                              hour ozone NAAQS, EPA will address                            docket for this action under Docket
                                                                                                                   this in a separate action. In the three                       Identification No. EPA–R04–OAR–
                                                  SUMMARY:   The Environmental Protection                          actions for the North Carolina bi-state                       2015–0275. All documents in the docket
                                                  Agency (EPA) is taking three separate                            Charlotte Area, EPA determines that the                       are listed on the www.regulations.gov
                                                  final actions related to a state                                 bi-state Charlotte Area is attaining the                      Web site. Although listed in the index,
                                                  implementation plan (SIP) revision                               2008 8-hour ozone National Ambient                            some information may not be publicly


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Document Created: 2018-02-23 09:28:31
Document Modified: 2018-02-23 09:28:31
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 September 28, 2015, without further notice, unless EPA receives adverse comment by August 27, 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 44870 
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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