81_FR_62562 81 FR 62387 - State of Iowa; Approval and Promulgation of the Title V Operating Permits Program, the State Implementation Plan, and 112(l) Plan

81 FR 62387 - State of Iowa; Approval and Promulgation of the Title V Operating Permits Program, the State Implementation Plan, and 112(l) Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range62387-62390
FR Document2016-21469

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Iowa Title V Operating Permits Program, the State Implementation Plan (SIP), and the 112(l) plan. The submission revises the Title V Operating Permits Program to include a new chapter to address fees for services by the air quality program. Administrative revisions made with this rulemaking to the SIP and 112(l) plan are associated with the new chapter.

Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016)
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62387-62390]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21469]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2016-0453; FRL-9951-86-Region 7]


State of Iowa; Approval and Promulgation of the Title V Operating 
Permits Program, the State Implementation Plan, and 112(l) Plan

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 Iowa Title V Operating Permits 
Program, the State Implementation Plan (SIP), and the 112(l) plan. The 
submission revises the Title V Operating Permits Program to include a 
new chapter to address fees for services by the air quality program. 
Administrative revisions made with this rulemaking to the SIP and 
112(l) plan are associated with the new chapter.

DATES: This direct final rule will be effective November 8, 2016, 
without further notice, unless EPA receives adverse comment by October 
11, 2016. 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-2016-0453, to http://www.regulations.gov. Once submitted, comments 
cannot be edited or removed from Regulations.gov. EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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 the EPA. This section provides additional information 
by addressing the following:

I. What is being addressed in this document?
II. What part 70 revision is EPA approving?
III. What part 52 revision is EPA approving?
IV. Have the requirements for approval of a SIP revision been met?
V. What action is EPA taking?

I. What is being addressed in this document?

    This direct final action approves revisions to the Iowa Title V 
Operating Permits Program, the State Implementation Plan (SIP), and the 
112(l) plan. The submission revises the Title V Operating Permits 
Program to include a new chapter to address fees for services by the 
air quality program. Administrative revisions made with this rulemaking 
to the SIP and 112(l) plan are associated with the new chapter.
    Additional information for this rulemaking can be found in the 
Technical Support Document located in this docket.

II. What part 70 revision is EPA approving?

    The State of Iowa implements an operating permits program 
applicable to certain sources of air pollution in the state. One EPA 
requirement for a Title V program is that the permitting state must 
establish a fee structure sufficient to cover the costs of the program 
(40 CFR 70.9(b)). Due to decreased emissions, and therefore, decreased 
Title V emission fees, Iowa analyzed program costs and determined that 
a new fee structure was necessary. The State increased the fixed dollar 
amount of $56 per ton to $70 per ton as the maximum Title V Operating 
Permit fee established on the first 4,000 tons of

[[Page 62388]]

actual emissions for each regulated pollutant emitted from a source 
subject to the Title V operating permit program. The state determined 
the fee cap in order to accommodate greater flexibility in setting 
future Title V fees by estimating program expenses associated with 
projected actual emissions for fiscal year 2017. The submission package 
demonstrated compliance with 40 CFR 70.9(c), Fee Demonstration, and 40 
CFR 70.9(d), Use of Required Fee Revenue.
    The new fee structure prompted the State of Iowa to add a new 
Chapter to the Iowa Administrative Code (IAC), 567-IAC Chapter 30, 
``Fees''.\1\
---------------------------------------------------------------------------

    \1\ Iowa has requested approval of 567-IAC Subrule 30.4(2), 
``Payment of Title V annual emission fee,'' as part of its Part 70 
Operating Permits program. The remainder of Chapter 30 has not been 
submitted to EPA for approval.
---------------------------------------------------------------------------

    Revisions with regard to fees in the Title V Operating Permits 
Program in 567-IAC Chapter 22, makes reference to 567-IAC Chapter 30, 
``Fees'' in the following rules:
     22.100 ``Definitions for Title V Permits'';
     22.101 ``Applicability of Title V Operating Permit 
Requirements'';
     22.103 ``Insignificant Activities'';
     22.105 ``Title V Permit Applications'';
     22.106 ``Title V Permit Fees'';
     22.108 ``Permit Content''.
    Subrule 30.4(2), ``Payment of Title V annual emission fee,'' was 
added to Iowa's Title V Operating Program, and addresses fees required, 
documentation due dates, Phase I acid rain sources, exempted stationary 
sources and insignificant activities.
    Details of Iowa's Title V Operating Program revisions can be found 
in the Technical Support Document located in this docket.

III. What part 52 revision is EPA approving?

    As previously stated, the new chapter in the Iowa Administrative 
Code that addresses the revised fee structure initiated administrative 
revisions to the Iowa State Implementation Plan (SIP) and 112(l) Plan.
    Revisions in the SIP amends the following rules to make reference 
to 567-IAC Chapter 30, ``Fees'' as follows:
     Chapter 20--Scope of Title--Definitions--Forms--Rules of 
Practice;
     Chapter 22--Controlling Pollution;
     Chapter 31--Nonattainment Areas;
     Chapter 33--Special Regulations and Construction Permit 
Requirements for Major Stationary Sources--Prevention of Significant 
Deterioration (PSD) of Air Quality. The state's 112(l) plan is revised 
to include, Chapter 22, subrule 22.8(1) that applies to permit-by-rule 
for spray booths.
    Details of Iowa's SIP and 112(l) revisions can be found in the 
Technical Support Document located in this docket.

IV. 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. In 
addition, as explained above and in more detail in the technical 
support document which is part of this docket, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

V. What action is EPA taking?

    EPA is approving the request to amend the Iowa Title V Operating 
Permits Program, the State Implementation Plan and the 112(l) plan. As 
noted previously in this document, the revision is consistent with 
applicable EPA requirements. The revision meets the requirements of the 
CAA, and implementing regulations. This revision is consistent with 
applicable EPA requirements in Title V of the CAA, 40 CFR part 70, and 
40 CFR part 52.
    EPA is processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments.

VI. Incorporation by Reference

    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 the EPA-
Approved Iowa Regulations described in the direct final amendments to 
40 CFR part 52 set forth below. Therefore, these materials have been 
approved by EPA for inclusion in the State implementation plan, have 
been incorporated by reference by EPA into that plan, are fully 
Federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\2\ EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and at the appropriate EPA office (see the 
ADDRESSES section of this preamble for more information).
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);

     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian

[[Page 62389]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 8, 2016. 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

40 CFR Part 52

    Environmental protection, Incorporation by reference, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 70

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

    Dated: August 24, 2016.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 70 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart Q-Iowa

0
2. In Sec.  52.820, the table in paragraph (c) is amended by revising 
the entries ``567-20.1'', ``567-22.1'', ``567-22.4'', ``567-22.5'', 
``567-22.8'', ``567-22.10'', ``567-31.1'', and ``567-33.1'' to read as 
follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
      Iowa citation                  Title            effective date    EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
                        Chapter 20--Scope of Title--Definitions--Forms--Rules of Practice
----------------------------------------------------------------------------------------------------------------
567-20.1.................  Scope of Title...........         3/15/16  9/9/16, [Insert       This rule is a non-
                                                                       Federal Register      substantive
                                                                       citation].            description of the
                                                                                             Chapters contained
                                                                                             in the Iowa rules.
                                                                                             EPA has not
                                                                                             approved all of the
                                                                                             Chapters to which
                                                                                             this rule refers.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22-Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1.................  Permits Required for New          3/15/16  9/9/16, [Insert       None.
                            or Existing Stationary                     Federal Register
                            Sources.                                   citation].
 
                                                  * * * * * * *
567-22.4.................  Special Requirements for          3/15/16  9/9/16, [Insert       None.
                            Major Stationary Sources                   Federal Register
                            Located in Areas                           citation].
                            Designated Attainment or
                            Unclassified (PSD).
567-22.5.................  Special Requirements for          3/15/16  9/9/16, [Insert       None.
                            Nonattainment Areas.                       Federal Register
                                                                       citation].
567-22.8.................  Permit by Rule...........         3/15/16  9/9/16, [Insert       None.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
567-22.10................  Permitting Requirements           3/15/16  9/9/16, [Insert       None.
                            for Country Grain                          Federal Register
                            Elevators, Country Grain                   citation].
                            Terminal Elevators,
                            Grain Terminal Elevators
                            and Feed Mill Equipment.
 

[[Page 62390]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
567-31.1.................  Permit Requirements               3/15/16  9/9/16, [Insert       None.
                            Relating to                                Federal Register
                            Nonattainment Areas.                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1.................  Purpose..................         3/15/16  9/9/16, [Insert       None.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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


0
4. Appendix A to part 70 is amended by adding paragraph (q) under the 
heading ``Iowa'' to read as follows:

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

* * * * *

Iowa

* * * * *
    (q) The Iowa Department of Natural Resources submitted for 
program approval a revision to rules 567-22.100, 567-22.101, 567-
22.103, 567-22.105, 567-22.106, 567-22.108, and added 567-30.4(2) on 
March 31, 2016. The State effective date is March 15, 2016. This 
revision to the Iowa program is approved effective November 8, 2016.
* * * * *
[FR Doc. 2016-21469 Filed 9-8-16; 8:45 am]
BILLING CODE 6560-50-P



                                                            Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations                                          62387

                                             (c) The EPA is disapproving the Texas                 February 1, 2006 (as redesignated to 30               official comment and should include
                                           SIP revision submittals under 30 TAC                    TAC Section 116.1200).                                discussion of all points you wish to
                                           Chapter 101—General Air Quality Rules                      (e) The EPA is disapproving the                    make. EPA will generally not consider
                                           as follows:                                             attainment demonstration for the Dallas/              comments or comment contents located
                                             (1) The following provisions under 30                 Fort Worth Serious ozone                              outside of the primary submission (i.e.
                                           TAC Chapter 101, Subchapter F—                          nonattainment area under the 1997                     on the web, cloud, or other file sharing
                                           Emissions Events and Scheduled                          ozone standard submitted January 17,                  system). For additional submission
                                           Maintenance, Startup, and Shutdown                      2012. The disapproval applies to the                  methods, the full EPA public comment
                                           Activities:                                             attainment demonstration, the                         policy, information about CBI or
                                             (i) 30 TAC Section 101.222                            determination for reasonably available                multimedia submissions, and general
                                           (Demonstrations): Sections 101.222(h),                  control measures, and the attainment                  guidance on making effective
                                           101.222(i), and 101.222(j), adopted                     demonstration motor vehicle emission                  comments, please visit http://
                                           December 14, 2005, and submitted                        budgets for 2012.                                     www2.epa.gov/dockets/commenting-
                                           January 23, 2006.                                       [FR Doc. 2016–21594 Filed 9–8–16; 8:45 am]            epa-dockets.
                                             (ii) [Reserved]                                       BILLING CODE 6560–50–P                                FOR FURTHER INFORMATION CONTACT:
                                             (2) [Reserved]                                                                                              Heather Hamilton, Environmental
                                             (d) The EPA is disapproving the                                                                             Protection Agency, Air Planning and
                                           following Texas SIP revisions submittals                ENVIRONMENTAL PROTECTION                              Development Branch, 11201 Renner
                                           under 30 TAC Chapter 116—Control of                     AGENCY                                                Boulevard, Lenexa, Kansas 66219 at
                                           Air Pollution by Permits for New                                                                              913–551–7039, or by email at
                                           Construction and Modification as                        40 CFR Parts 52 and 70                                hamilton.heather@epa.gov.
                                           follows:                                                [EPA–R07–OAR–2016–0453; FRL–9951–86–                  SUPPLEMENTARY INFORMATION:
                                             (1) The following provisions under 30                 Region 7]                                             Throughout this document ‘‘we,’’ ’’us,’’
                                           TAC Chapter 116, Subchapter A—                                                                                or ‘‘our’’ refer to the EPA. This section
                                           Definitions:                                            State of Iowa; Approval and                           provides additional information by
                                             (i) Definition of ‘‘actual emissions’’ in             Promulgation of the Title V Operating                 addressing the following:
                                           30 TAC Section 116.10(1), submitted                     Permits Program, the State
                                                                                                                                                         I. What is being addressed in this document?
                                           March 13, 1996 and repealed and re-                     Implementation Plan, and 112(l) Plan                  II. What part 70 revision is EPA approving?
                                           adopted June 17, 1998 and submitted                     AGENCY: Environmental Protection                      III. What part 52 revision is EPA approving?
                                           July 22, 1998;                                          Agency (EPA).                                         IV. Have the requirements for approval of a
                                             (ii) Definition of ‘‘allowable                                                                                   SIP revision been met?
                                                                                                   ACTION: Direct final rule.                            V. What action is EPA taking?
                                           emissions’’ in 30 TAC Section 116.10(2),
                                           submitted March 13, 1996; repealed and                  SUMMARY:   The Environmental Protection               I. What is being addressed in this
                                           re-adopted June 17, 1998 and submitted                  Agency (EPA) is taking direct final                   document?
                                           July 22, 1998; and submitted September                  action to approve revisions to the Iowa
                                                                                                                                                            This direct final action approves
                                           11, 2000.                                               Title V Operating Permits Program, the
                                                                                                                                                         revisions to the Iowa Title V Operating
                                             (iii) Definition of ‘‘modification of                 State Implementation Plan (SIP), and
                                                                                                                                                         Permits Program, the State
                                           existing facility’’ pertaining to oil and               the 112(l) plan. The submission revises
                                                                                                                                                         Implementation Plan (SIP), and the
                                           natural gas processing facilities adopted               the Title V Operating Permits Program
                                                                                                                                                         112(l) plan. The submission revises the
                                           February 14, 1996 and submitted on                      to include a new chapter to address fees
                                                                                                                                                         Title V Operating Permits Program to
                                           March 13, 1996 at 30 TAC Section                        for services by the air quality program.
                                                                                                                                                         include a new chapter to address fees
                                           116.10(11)(G); repealed and re-adopted                  Administrative revisions made with this
                                                                                                                                                         for services by the air quality program.
                                           June 17, 1998, submitted July 22, 1998;                 rulemaking to the SIP and 112(l) plan
                                                                                                                                                         Administrative revisions made with this
                                           adopted August 21, 2002, and submitted                  are associated with the new chapter.
                                                                                                                                                         rulemaking to the SIP and 112(l) plan
                                           September 4, 2002.                                      DATES: This direct final rule will be
                                                                                                                                                         are associated with the new chapter.
                                             (iv) Definition of ‘‘modification of                  effective November 8, 2016, without                      Additional information for this
                                           existing facility’’ pertaining to oil and               further notice, unless EPA receives                   rulemaking can be found in the
                                           natural gas processing facilities adopted               adverse comment by October 11, 2016.                  Technical Support Document located in
                                           September 15, 2010, and submitted                       If EPA receives adverse comment, we                   this docket.
                                           October 5, 2010, as 30 TAC Section                      will publish a timely withdrawal of the
                                           116.10(9)(F).                                           direct final rule in the Federal Register             II. What part 70 revision is EPA
                                             (2) The following provisions under 30                 informing the public that the rule will               approving?
                                           TAC Chapter 116, Subchapter B—New                       not take effect.                                         The State of Iowa implements an
                                           Source Review Permits:                                  ADDRESSES: Submit your comments,                      operating permits program applicable to
                                             (i) 30 TAC Section 116.118 submitted                  identified by Docket ID No. EPA–R07–                  certain sources of air pollution in the
                                           March 13, 1996 and repealed and re-                     OAR–2016–0453, to http://                             state. One EPA requirement for a Title
                                           adopted June 17, 1998 and submitted                     www.regulations.gov. Once submitted,                  V program is that the permitting state
                                           July 22, 1998.                                          comments cannot be edited or removed                  must establish a fee structure sufficient
                                             (ii) [Reserved]                                       from Regulations.gov. EPA may publish                 to cover the costs of the program (40
                                             (3) The following provision under 30                  any comment received to its public                    CFR 70.9(b)). Due to decreased
                                           TAC Chapter 116, Subchapter K—                          docket. Do not submit electronically any              emissions, and therefore, decreased
                                           Emergency Orders: 30 TAC Section                        information you consider to be                        Title V emission fees, Iowa analyzed
ehiers on DSK5VPTVN1PROD with RULES




                                           116.1200—Applicability, adopted                         Confidential Business Information (CBI)               program costs and determined that a
                                           August 16, 1993 and submitted August                    or other information whose disclosure is              new fee structure was necessary. The
                                           31, 1993 (as 30 TAC Section 116.410);                   restricted by statute. Multimedia                     State increased the fixed dollar amount
                                           revised November 18, 1998 and                           submissions (audio, video, etc.) must be              of $56 per ton to $70 per ton as the
                                           submitted December 10, 1998; revised                    accompanied by a written comment.                     maximum Title V Operating Permit fee
                                           January 11, 2006 and submitted                          The written comment is considered the                 established on the first 4,000 tons of


                                      VerDate Sep<11>2014   15:26 Sep 08, 2016   Jkt 238001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\09SER1.SGM   09SER1


                                           62388            Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations

                                           actual emissions for each regulated                     subrule 22.8(1) that applies to permit-                appropriate EPA office (see the
                                           pollutant emitted from a source subject                 by-rule for spray booths.                              ADDRESSES  section of this preamble for
                                           to the Title V operating permit program.                  Details of Iowa’s SIP and 112(l)                     more information).
                                           The state determined the fee cap in                     revisions can be found in the Technical
                                                                                                   Support Document located in this                       VII. Statutory and Executive Order
                                           order to accommodate greater flexibility
                                                                                                   docket.                                                Reviews
                                           in setting future Title V fees by
                                           estimating program expenses associated                                                                            Under the Clean Air Act (CAA), the
                                                                                                   IV. Have the requirements for approval                 Administrator is required to approve a
                                           with projected actual emissions for                     of a SIP revision been met?
                                           fiscal year 2017. The submission                                                                               SIP submission that complies with the
                                           package demonstrated compliance with                       The state submission has met the                    provisions of the Act and applicable
                                           40 CFR 70.9(c), Fee Demonstration, and                  public notice requirements for SIP                     Federal regulations. 42 U.S.C. 7410(k);
                                           40 CFR 70.9(d), Use of Required Fee                     submissions in accordance with 40 CFR                  40 CFR 52.02(a). Thus, in reviewing SIP
                                           Revenue.                                                51.102. The submission also satisfied                  submissions, EPA’s role is to approve
                                              The new fee structure prompted the                   the completeness criteria of 40 CFR part               state choices, provided that they meet
                                           State of Iowa to add a new Chapter to                   51, appendix V. In addition, as                        the criteria of the CAA. Accordingly,
                                           the Iowa Administrative Code (IAC),                     explained above and in more detail in                  this action merely approves state law as
                                           567–IAC Chapter 30, ‘‘Fees’’.1                          the technical support document which                   meeting Federal requirements and does
                                              Revisions with regard to fees in the                 is part of this docket, the revision meets             not impose additional requirements
                                           Title V Operating Permits Program in                    the substantive SIP requirements of the                beyond those imposed by state law. For
                                           567–IAC Chapter 22, makes reference to                  CAA, including section 110 and                         that reason, this action:
                                           567–IAC Chapter 30, ‘‘Fees’’ in the                     implementing regulations.                                 • Is not a significant regulatory action
                                           following rules:                                                                                               subject to review by the Office of
                                                                                                   V. What action is EPA taking?
                                              • 22.100 ‘‘Definitions for Title V                                                                          Management and Budget under
                                           Permits’’;                                                EPA is approving the request to                      Executive Orders 12866 (58 FR 51735,
                                              • 22.101 ‘‘Applicability of Title V                  amend the Iowa Title V Operating                       October 4, 1993) and 13563 (76 FR 3821,
                                           Operating Permit Requirements’’;                        Permits Program, the State                             January 21, 2011);
                                              • 22.103 ‘‘Insignificant Activities’’;               Implementation Plan and the 112(l)                        • Does not impose an information
                                              • 22.105 ‘‘Title V Permit                            plan. As noted previously in this                      collection burden under the provisions
                                           Applications’’;                                         document, the revision is consistent                   of the Paperwork Reduction Act (44
                                              • 22.106 ‘‘Title V Permit Fees’’;                    with applicable EPA requirements. The                  U.S.C. 3501 et seq.);
                                              • 22.108 ‘‘Permit Content’’.                         revision meets the requirements of the                    • Is certified as not having a
                                              Subrule 30.4(2), ‘‘Payment of Title V                CAA, and implementing regulations.                     significant economic impact on a
                                           annual emission fee,’’ was added to                     This revision is consistent with                       substantial number of small entities
                                           Iowa’s Title V Operating Program, and                   applicable EPA requirements in Title V                 under the Regulatory Flexibility Act (5
                                           addresses fees required, documentation                  of the CAA, 40 CFR part 70, and 40 CFR                 U.S.C. 601 et seq.);
                                           due dates, Phase I acid rain sources,                   part 52.                                                  • Does not contain any unfunded
                                           exempted stationary sources and                           EPA is processing this action as a                   mandate or significantly or uniquely
                                           insignificant activities.                               direct final action because the revisions              affect small governments, as described
                                              Details of Iowa’s Title V Operating                  make routine changes to the existing                   in the Unfunded Mandates Reform Act
                                           Program revisions can be found in the                   rules which are noncontroversial.                      of 1995 (Pub. L. 104–4);
                                           Technical Support Document located in                   Therefore, we do not anticipate any                       • Does not have Federalism
                                           this docket.                                            adverse comments.                                      implications as specified in Executive
                                           III. What part 52 revision is EPA                       VI. Incorporation by Reference                         Order 13132 (64 FR 43255, August 10,
                                           approving?                                                                                                     1999);
                                                                                                      In this rule, EPA is finalizing                        • Is not an economically significant
                                              As previously stated, the new chapter                regulatory text that includes                          regulatory action based on health or
                                           in the Iowa Administrative Code that                    incorporation by reference. In                         safety risks subject to Executive Order
                                           addresses the revised fee structure                     accordance with requirements of 1 CFR                  13045 (62 FR 19885, April 23, 1997);
                                           initiated administrative revisions to the               51.5, EPA is finalizing the incorporation                 • Is not a significant regulatory action
                                           Iowa State Implementation Plan (SIP)                    by reference of the EPA-Approved Iowa                  subject to Executive Order 13211 (66 FR
                                           and 112(l) Plan.                                        Regulations described in the direct final              28355, May 22, 2001);
                                              Revisions in the SIP amends the                      amendments to 40 CFR part 52 set forth                    • Is not subject to requirements of
                                           following rules to make reference to                    below. Therefore, these materials have                 Section 12(d) of the National
                                           567–IAC Chapter 30, ‘‘Fees’’ as follows:                been approved by EPA for inclusion in                  Technology Transfer and Advancement
                                              • Chapter 20—Scope of Title—                         the State implementation plan, have                    Act of 1995 (15 U.S.C. 272 note) because
                                           Definitions—Forms—Rules of Practice;                    been incorporated by reference by EPA                  application of those requirements would
                                              • Chapter 22—Controlling Pollution;                  into that plan, are fully Federally                    be inconsistent with the CAA; and
                                              • Chapter 31—Nonattainment Areas;                    enforceable under sections 110 and 113                    • Does not provide EPA with the
                                              • Chapter 33—Special Regulations                     of the CAA as of the effective date of the             discretionary authority to address, as
                                           and Construction Permit Requirements                    final rulemaking of EPA’s approval, and                appropriate, disproportionate human
                                           for Major Stationary Sources—                           will be incorporated by reference by the               health or environmental effects, using
                                           Prevention of Significant Deterioration                 Director of the Federal Register in the                practicable and legally permissible
                                           (PSD) of Air Quality. The state’s 112(l)                next update to the SIP compilation.2                   methods, under Executive Order 12898
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                                           plan is revised to include, Chapter 22,                 EPA has made, and will continue to                     (59 FR 7629, February 16, 1994).
                                                                                                   make, these documents generally                           The SIP is not approved to apply on
                                             1 Iowa has requested approval of 567–IAC
                                                                                                   available electronically through                       any Indian reservation land or in any
                                           Subrule 30.4(2), ‘‘Payment of Title V annual
                                           emission fee,’’ as part of its Part 70 Operating        www.regulations.gov and at the                         other area where EPA or an Indian tribe
                                           Permits program. The remainder of Chapter 30 has                                                               has demonstrated that a tribe has
                                           not been submitted to EPA for approval.                   2 62   FR 27968 (May 22, 1997).                      jurisdiction. In those areas of Indian


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                                                             Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations                                                                        62389

                                           country, the rule does not have tribal                           action must be filed in the United States                            Dated: August 24, 2016.
                                           implications and will not impose                                 Court of Appeals for the appropriate                               Mark Hague,
                                           substantial direct costs on tribal                               circuit by November 8, 2016. Filing a                              Regional Administrator, Region 7.
                                           governments or preempt tribal law as                             petition for reconsideration by the
                                           specified by Executive Order 13175 (65                           Administrator of this final rule does not                            For the reasons stated in the
                                           FR 67249, November 9, 2000).                                     affect the finality of this action for the                         preamble, EPA amends 40 CFR parts 52
                                              The Congressional Review Act, 5                               purposes of judicial review nor does it                            and 70 as set forth below:
                                           U.S.C. 801 et seq., as added by the Small                        extend the time within which a petition
                                           Business Regulatory Enforcement                                  for judicial review may be filed, and                              PART 52—APPROVAL AND
                                           Fairness Act of 1996, generally provides                         shall not postpone the effectiveness of                            PROMULGATION OF
                                           that before a rule may take effect, the                          such rule or action. This action may not                           IMPLEMENTATION PLANS
                                           agency promulgating the rule must                                be challenged later in proceedings to
                                           submit a rule report, which includes a                           enforce its requirements. (See section                             ■ 1. The authority citation for part 52
                                           copy of the rule, to each House of the                           307(b)(2).)                                                        continues to read as follows:
                                           Congress and to the Comptroller General                          List of Subjects                                                       Authority: 42 U.S.C. 7401 et seq.
                                           of the United States. EPA will submit a
                                           report containing this action and other                          40 CFR Part 52                                                     Subpart Q–Iowa
                                           required information to the U.S. Senate,                           Environmental protection,
                                           the U.S. House of Representatives, and                           Incorporation by reference,                                        ■  2. In § 52.820, the table in paragraph
                                           the Comptroller General of the United                            Intergovernmental relations, Reporting                             (c) is amended by revising the entries
                                           States prior to publication of the rule in                       and recordkeeping requirements.                                    ‘‘567–20.1’’, ‘‘567–22.1’’, ‘‘567–22.4’’,
                                           the Federal Register. A major rule                                                                                                  ‘‘567–22.5’’, ‘‘567–22.8’’, ‘‘567–22.10’’,
                                           cannot take effect until 60 days after it                        40 CFR Part 70                                                     ‘‘567–31.1’’, and ‘‘567–33.1’’ to read as
                                           is published in the Federal Register.                              Administrative practice and                                      follows:
                                           This action is not a ‘‘major rule’’ as                           procedure, Air pollution control,
                                                                                                                                                                               § 52.820    Identification of plan.
                                           defined by 5 U.S.C. 804(2).                                      Intergovernmental relations, Operating
                                              Under section 307(b)(1) of the CAA,                           permits, Reporting and recordkeeping                               *       *    *        *       *
                                           petitions for judicial review of this                            requirements.                                                          (c) * * *

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

                                                                             Iowa Department of Natural Resources Environmental Protection Commission [567]

                                                                                          Chapter 20—Scope of Title—Definitions—Forms—Rules of Practice

                                           567–20.1 ...........   Scope of Title ............................................................              3/15/16    9/9/16, [Insert Federal            This rule is a non-sub-
                                                                                                                                                                        Register citation].                stantive description of
                                                                                                                                                                                                           the Chapters contained
                                                                                                                                                                                                           in the Iowa rules. EPA
                                                                                                                                                                                                           has not approved all of
                                                                                                                                                                                                           the Chapters to which
                                                                                                                                                                                                           this rule refers.

                                                     *                           *                             *                                *                       *                        *                      *

                                                                                                                     Chapter 22–Controlling Pollution

                                           567–22.1 ...........   Permits Required for New or Existing Stationary                                          3/15/16    9/9/16, [Insert Federal            None.
                                                                    Sources.                                                                                            Register citation].

                                                   *                         *                  *                     *                                                 *                     *                         *
                                           567–22.4 ...........   Special Requirements for Major Stationary Sources                                        3/15/16    9/9/16, [Insert Federal            None.
                                                                    Located in Areas Designated Attainment or Un-                                                       Register citation].
                                                                    classified (PSD).
                                           567–22.5 ...........   Special Requirements for Nonattainment Areas ......                                      3/15/16    9/9/16, [Insert Federal            None.
                                                                                                                                                                        Register citation].
                                           567–22.8 ...........   Permit by Rule ..........................................................                3/15/16    9/9/16, [Insert Federal            None.
                                                                                                                                                                        Register citation].

                                                   *                        *                   *                   *                                                   *                     *                         *
                                           567–22.10 .........    Permitting Requirements for Country Grain Ele-                                           3/15/16    9/9/16, [Insert Federal            None.
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                                                                    vators, Country Grain Terminal Elevators, Grain                                                     Register citation].
                                                                    Terminal Elevators and Feed Mill Equipment.




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                                           62390                 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations

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

                                                       *                            *                              *                                 *                       *                       *                  *

                                                                                                                        Chapter 31—Nonattainment Areas

                                           567–31.1 ...........      Permit Requirements Relating to Nonattainment                                              3/15/16    9/9/16, [Insert Federal       None.
                                                                       Areas.                                                                                                Register citation].

                                                       *                            *                              *                                 *                       *                       *                  *

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

                                           567–33.1 ...........      Purpose .....................................................................              3/15/16    9/9/16, [Insert Federal       None.
                                                                                                                                                                             Register citation].

                                                       *                            *                              *                                 *                       *                       *                  *



                                           *       *         *       *       *                                  ACTION:       Final rule.                                           DATES:   This final rule is effective on
                                                                                                                                                                                    September 9, 2016.
                                           PART 70—STATE OPERATING PERMIT                                       SUMMARY:   The Environmental Protection                             ADDRESSES: EPA has established a
                                           PROGRAMS                                                             Agency (EPA) is granting Indiana’s                                  docket for this action under Docket ID
                                                                                                                request to redesignate, under the Clean                             No. EPA–R05–OAR–2011–0698. All
                                           ■ 3. The authority citation for part 70
                                                                                                                Air Act (CAA), the state of Indiana                                 documents in these dockets are listed on
                                           continues to read as follows:
                                                                                                                portion of the Louisville (KY-IN)                                   the www.regulations.gov Web site.
                                               Authority: 42 U.S.C. 7401, et seq.                               (Madison Township in Jefferson County                               Although listed in the index, some
                                           ■ 4. Appendix A to part 70 is amended                                and Clark and Floyd Counties)                                       information is not publicly available,
                                           by adding paragraph (q) under the                                    nonattainment area to attainment of the                             e.g., CBI or other information whose
                                           heading ‘‘Iowa’’ to read as follows:                                 1997 annual standard for fine                                       disclosure is restricted by statute.
                                                                                                                particulate matter (PM2.5). EPA                                     Certain other material, such as
                                           Appendix A to Part 70—Approval                                       determined that the Louisville area has                             copyrighted material, is not placed on
                                           Status of State and Local Operating                                  attained the 1997 annual standard, and                              the Internet and will be publicly
                                           Permits Programs                                                     proposed on July 11, 2013, with a                                   available only in hard copy. Publicly
                                           *       *         *       *       *                                  supplemental proposal on June 23,                                   available docket materials are available
                                           Iowa                                                                 2016, to approve Indiana’s request to                               either through www.regulations.gov or
                                                                                                                redesignate the area. EPA is taking final                           at the U.S. Environmental Protection
                                           *       *         *       *       *                                  action today on the proposal and
                                             (q) The Iowa Department of Natural                                                                                                     Agency, Region 5, Air and Radiation
                                           Resources submitted for program approval a                           supplemental proposal. EPA is also                                  Division, 77 West Jackson Boulevard,
                                           revision to rules 567–22.100, 567–22.101,                            taking final action in this rulemaking on                           Chicago, Illinois 60604. This facility is
                                           567–22.103, 567–22.105, 567–22.106, 567–                             several related proposals.                                          open from 8:30 a.m. to 4:30 p.m.,
                                           22.108, and added 567–30.4(2) on March 31,                              Along with granting the change in the                            Monday through Friday, excluding
                                           2016. The State effective date is March 15,                          area’s designation status, EPA is also                              Federal holidays. We recommend that
                                           2016. This revision to the Iowa program is                           approving Indiana’s PM2.5 maintenance                               you telephone Carolyn Persoon at (312)
                                           approved effective November 8, 2016.                                                                                                     353–8290 before visiting the Region 5
                                                                                                                plan for the Louisville area as a revision
                                           *       *         *       *       *                                  to the Indiana state implementation                                 office.
                                           [FR Doc. 2016–21469 Filed 9–8–16; 8:45 am]
                                                                                                                plan (SIP) as meeting the requirements                              FOR FURTHER INFORMATION CONTACT:
                                           BILLING CODE 6560–50–P                                               of section 175A of the CAA. EPA is                                  Carolyn Persoon, Environmental
                                                                                                                approving the 2008 emissions inventory                              Engineer, Control Strategies Section, Air
                                                                                                                for primary PM2.5, nitrogen oxides                                  Programs Branch (AR–18J),
                                           ENVIRONMENTAL PROTECTION
                                                                                                                (NOX), sulfur dioxide (SO2), volatile                               Environmental Protection Agency,
                                           AGENCY
                                                                                                                organic compounds (VOC) and                                         Region 5,77 West Jackson Boulevard,
                                           40 CFR Parts 52 and 81                                               ammonia as satisfying the requirement                               Chicago, Illinois 60604, (312) 353–8290,
                                                                                                                of the CAA for a comprehensive, current                             persoon.carolyn@epa.gov.
                                           [EPA–R05–OAR–2011–0698; FRL–9951–95–                                 emission inventory. Finally, EPA finds                              SUPPLEMENTARY INFORMATION:
                                           Region 5]                                                            adequate and is approving 2015 and                                  Throughout this document whenever
                                                                                                                2025 primary PM2.5 and NOX motor                                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                           Approval and Promulgation of Air
                                                                                                                vehicle emissions budgets (MVEBs) for                               EPA. This supplementary information
                                           Quality Implementation Plans; Indiana;
                                                                                                                the Louisville area. These MVEBs will                               section is arranged as follows:
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                                           Redesignation of the Indiana Portion of
                                                                                                                be used in future transportation
                                           the Louisville Area to Attainment of the                                                                                                 I. What is the background for the actions?
                                                                                                                conformity analyses for the area. These
                                           1997 Annual Standard for Fine                                                                                                            II. What actions is EPA taking?
                                                                                                                actions were proposed for approval in                               III. What is EPA’s response to comments?
                                           Particulate Matter
                                                                                                                EPA’s initial action on July 11, 2013.                              IV. Why is EPA taking these actions?
                                           AGENCY: Environmental Protection                                     EPA received no comments in response                                V. Final Action
                                           Agency (EPA).                                                        to the above proposals.                                             VI. Statutory and Executive Order Reviews



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Document Created: 2018-02-09 13:15:25
Document Modified: 2018-02-09 13:15:25
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 November 8, 2016, without further notice, unless EPA receives adverse comment by October 11, 2016. 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 Citation81 FR 62387 
CFR Citation40 CFR 52
40 CFR 70
CFR AssociatedEnvironmental Protection; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Air Pollution Control and Operating Permits

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