83 FR 26599 - State of Iowa; Approval and Promulgation of the State Implementation Plan, the 111(d) Plan and the Operating Permits Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 111 (June 8, 2018)
Federal Register Volume 83, Issue 111 (June 8, 2018)
| Page Range | 26599-26604 | |
| FR Document | 2018-12166 |
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)] [Rules and Regulations] [Pages 26599-26604] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12166] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52, 62, and 70 [EPA-R07-OAR-2017-0470; FRL 9979-10--Region 7] State of Iowa; Approval and Promulgation of the State Implementation Plan, the 111(d) Plan and the Operating Permits Program AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Iowa State Implementation Plan (SIP), the 111(d) plan, and the Operating Permits Program. These revisions update and clarify rules and make minor revisions and corrections. Approval of these revisions will ensure consistency between the state and federally-approved rules, and ensure Federal enforceability of the state's revised air program rules. DATES: This final rule is effective on July 9, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2017-0470. All documents in the docket are listed on the https://www.regulations.gov website. 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, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. 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 [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' refer to EPA. This section provides additional information by addressing the following: I. Background II. What is being addressed in this document? III. Have the requirements for approval of the SIP, 111(d) Plan, and Operating Permit Plan Revisions been met? IV. EPA's Response to Comments V. What action is EPA taking? VI. Incorporation by Reference VII. Statutory and Executive Order Reviews I. Background On September 15, 2017, EPA proposed to approve revisions to the Iowa State Implementation Plan (SIP), the 111(d) plan, and the Operating Permits Program. See 82 FR 43315. In conjunction with the September 15, 2017 notice of proposed rulemaking (NPR), EPA issued a direct final rule (DFR) approving revisions to the Iowa SIP, the 111(d) plan, and the Operating Permits Program. See 82 FR 43303. In the DFR, EPA stated that if adverse comments were submitted to EPA by October 16, 2017, the action would be withdrawn and not take effect. EPA received three comments prior to the close of the comment period; one in support of the rule revisions and two of which were adverse. EPA withdrew the DFR on November 14, 2017. See 82 FR 52667. This action is a final rule based on the NPR. A detailed discussion of Iowa's SIP revisions, the 111(d) plan revision, and the Operating Permits Program revisions were provided in the DFR and will not be restated here, except to the extent relevant to our response to the public comment we received. II. What is being addressed in this document? EPA is taking final action to approve revisions to the Iowa SIP, the 111(d) plan, and the Operating Permits Program. These revisions update and clarify rules and make minor revisions and corrections. Approval of these revisions will ensure consistency between the state and federally-approved rules, and ensure Federal enforceability of the state's revised air program rules. Chapters with revisions are as follows:Chapter 20--Scope of Title-Definitions Chapter 21--Compliance Chapter 22--Controlling Pollution * Chapter 23--Emission Standards for Contaminants Chapter 25--Measurement of Emissions Chapter 26--Prevention of Emergency Pollution Episodes Chapter 27--Certificate of Acceptance Chapter 28--Ambient Air Quality Standards Chapter 31--Nonattainment Areas Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of Significant Deterioration (PSD) of Air Quality * Title V Operating Permit Program rules are included in chapter 22 starting at 22.100. III. Have the requirements for approval of the SIP, 111(d) Plan, and Operating Permit Plan Revisions been met? The state submittal has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submittal also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the TSD which is part of this docket, these revisions meet the substantive SIP requirements of the CAA, including section 110 and implementing regulations. These revisions are also consistent with applicable EPA requirements of the 111(d) plan submission and Title V of the CAA and 40 CFR part 70. [[Page 26600]] IV. EPA's Response to Comments The public comment period for EPA's proposed rule opened September 15, 2017, the date of its publication in the Federal Register, and closed on October 16, 2017. During this period, EPA received three comments; one in favor of the rule revision, and two with adverse comments. Below are adverse comments from the first commenter with EPA's responses: First commenter, comment 1: The commenter stated that EPA must disapprove 567 Iowa Administrative Code (IAC) 22.1(2), ``Exemptions'' as applied to construction permits for existing stationary sources, because existing sources already subject to PSD cannot use a plantwide applicability limit (PAL) to avoid PSD requirements. The commenter also stated that EPA must disapprove this provision because it does not ensure that the minor sources exemptions will not cause or contribute to a violation of a NAAQS or increment. EPA's response: Under 40 CFR 52.21(aa)(1), existing major stationary sources may be issued an ``actuals PAL''. As stated in the New Source Review (NSR) Reform Final Rule (67 FR 80185), sources subject to an actuals PAL that maintain their emissions below a plantwide actual emissions cap (that is, an actuals PAL), may use the PAL process instead of the major NSR permitting process when modifications are made to the facility or individual emissions units to determine PSD applicability. Iowa's PAL program was approved by EPA on May 4, 2007. See 72 FR 27056. While compliance with an actuals PAL may allow a source to avoid PSD applicability, it does not necessarily exempt a source from compliance with a state's minor NSR program. Therefore, a source with an actuals PAL in Iowa may still need obtain a permit when there is a physical change or change in method of operation under Iowa's minor NSR program in 567 IAC 22.1. The exclusion of PAL sources from the list of sources that cannot use the exemptions from 567 IAC 22.1 simply allows those PAL sources to use the same exemptions as other sources in order to avoid the permitting requirements of 567 IAC 22.1(1). Furthermore, allowing PAL sources to use the exemptions in 567 IAC 22.1(2) does not require EPA to disapprove the SIP. The state performs technical reviews of construction permit exemptions to insure the minor sources will not cause or contribute to a violation of a NAAQS or increment. For example, on October 25, 2013, EPA approved a construction permit exemption for certain temporary diesel engines used in periodic testing and maintenance of natural gas pipelines in 567 IAC 22.1(2) paragraph ``oo''. See 78 FR 63887. As demonstrated in the docket for that action, Iowa conducted an air quality assessment and determined that the exemption was appropriate and included conditions in the exemption that insured that the engine emissions would not exceed the emission limits allowed under the small unit exemption in 567 IAC 22.1(2), paragraph ``w''. As an additional safeguard, 567 IAC 22.1(2) specifies that permitting exemptions do not relieve the owner or operator of any source from any obligations to comply with any other applicable requirements, including Title V requirements and PSD requirements. First commenter, comment 2: The commenter stated that EPA must disapprove 567 IAC 22.1(3) (as applicable to construction permits for animal feeding operations) because it allows animals feeding operations to be exempt from air pollution permitting, and because it only requires animal feeding operations to obtain a permit under Iowa's chapter 65 regulations that are not approved into the SIP. Finally, the commenter stated that 567 IAC 22.1(3) illegally allows a source category to be exempt from air pollution regulation. EPA's response: The modification to 567 IAC 22.1(3) clarifies that a new or modified anaerobic lagoon for an animal feeding operation shall apply for a construction permit as provided in 567 IAC chapter 65. It does not exempt animal feeding operations from air pollution permitting, and solely applies to anaerobic lagoons at animal feeding operations. On October 9, 2002, EPA approved modifications to 567 IAC 22.1(3), 567 IAC 22.1(3), paragraph ``c'', subparagraph (3), and 567 IAC 22.3(2) to include new air construction permitting requirements for anaerobic lagoons at animal feeding operations. See 67 FR 62889. EPA notes that 567 IAC 22.1(3), paragraph ``c'', which is enforceable by the state and EPA as it is approved as part of Iowa's SIP, contains air construction permit requirements that specifically apply to persons constructing anaerobic lagoons at animal feeding operations. 567 IAC 22.3(2), which is also enforceable by the state and EPA as it is approved as part of Iowa's SIP, also contains air construction permitting requirements for anaerobic lagoons at animal feeding operations. In addition, the EPA notes that anaerobic lagoons for animal feeding operations are not exempt from air construction permitting requirements under 567 IAC 22.1(2), which contains exemptions from air construction permitting requirements for certain sources. Concerning the comment that Iowa's Chapter 65 regulations are not approved as part of the SIP, the EPA notes that in its October 9, 2002 approval of the modifications to 567 IAC 22.1(3), 567 IAC 22.1(3), paragraph ``c'', subparagraph (3), and 567 IAC 22.3(2), the EPA stated that chapter 65 requirements have not been requested by Iowa to be approved into the SIP because chapter 65 includes requirements (for example, odor controls) not pertaining to the requirements of section 110 of the CAA. First commenter, comment 3: The commenter stated that EPA should make clear that the current New Source Performance Standards (NSPS) apply to sources in Iowa, even if the NSPS was subject to a legal challenge and even if Iowa has not adopted the current NSPS. EPA's response: While the state included revisions to its adoption of the NSPS in the submittal dated April 13, 2017, the state specifically requested that EPA not act on the revisions, and therefore this comment is outside of the scope of this action. The EPA notes that the NSPS is applicable to sources in Iowa regardless of whether Iowa has adopted the NSPS. Iowa adopts the NSPS in order to obtain concurrent enforcement authority of the NSPS with the EPA. First commenter, comment 4: The commenter stated that 567 IAC 25.1(9), ``Methods and Procedures'' should be disapproved as the rule claims that the Department can authorize the use of alternative methodologies for testing and monitoring. The commenter further stated that the state does not have authority to alter stack test and monitoring methodologies for NSPS and NESHAP standards. EPA's response: 567 IAC 25.1, paragraph ``(a)'' was revised in order for the state rules to be consistent with the most current Federal rules. In addition to provisions within each NSPS and NESHAP that preserve EPA's authority to approve certain alternative methodologies for testing and monitoring, EPA also retains this authority in accordance with sections 111(h)(3) and 112(e)(3) of the CAA, 40 CFR 60.8(b)(2) and (3), 61.14, and part 63, subpart E. First commenter, comment 5: The commenter stated that EPA must disapprove 567 IAC 26.2(2) because it is missing PM 2.5 thresholds for air [[Page 26601]] pollution alerts and air pollution warnings. EPA's response: Iowa revised 567 IAC 26.2 in order to be consistent with 40 CFR part 51, appendix L, which addresses example regulations for prevention of air pollution emergency episodes that would cause imminent and substantial endangerment to the health of persons. States are required under 40 CFR part 51, subpart H, to develop emergency contingency plans that are classified as Priority 1 regions where ambient concentrations of a pollutant exceed specific thresholds. In accordance with 40 CFR 51.151, each plan for a Priority 1 region must include a contingency plan that provides for taking action necessary to prevent ambient pollutant concentrations at any such area in the region from reaching a significant harm threshold. To date, EPA has not promulgated a significant harm threshold for Priority 1 areas for PM2.5 . However, EPA has recommended PM2.5 priority levels through guidance,\1\ and has recommended that states develop emergency episode contingency plans for any area that has monitored and recorded 24-hour PM2.5 levels greater than 140.4 [micro]m/m\3\ since 2006. If a state has monitored and recorded PM2.5 levels greater than 140.4 [micro]m/m\3\, the EPA also recommends that the state develop emergency action levels and a significant harm level for PM2.5 in accordance with EPA guidance and consistent with the requirements of 40 CFR 51.150 through 51.153. --------------------------------------------------------------------------- \1\ See EPA Memorandum entitled ``Guidance on Sip Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS), William T. Harnett, September 25, 2009. --------------------------------------------------------------------------- Because Iowa has not monitored and recorded 24-hour PM2.5 levels greater than 140.4 [micro]m/m\3\ since 2006, Iowa is not required to develop an emergency action plan nor establish emergency action levels and a significant harm level for PM2.5 . First commenter, comment 6: The commenter stated that EPA must disapprove paragraph 27.2(4)``c'' as this paragraph implies that local air agencies have authority to grant variances for emission limits and other applicable requirements. In addition, the commenter stated that Iowa Code 455B-133, 134, and 143 must be disapproved due to director's variance provisions. EPA's response: The EPA has interpreted this as a comment on EPA's proposed approval of 567 IAC 27.3(4), paragraph ``c''. The current local air pollution control agencies in Iowa do not have federally approved variance procedures. See 40 CFR 52.820(c). As such, EPA's approval of 567 IAC 27.3(4), paragraph ``c'' does not create a federally-approved variance program for the local air pollution control agency. In addition, Iowa Code 455B-133, 134, and 143 are not a part of Iowa's SIP. First commenter, comment 7: The commenter stated that Iowa removed the title ``Significant Impact Levels (SILs)'' of the table in 567 IAC 33.3(20) but left the SILs in place. The commenter stated that removing the title does not fix the problem of SILs not being authorized by the Clean Air Act. The commenter stated that therefore the last sentence of 567 IAC 33.3(20) and the table must be disapproved and expressed further reasons to disapprove the SILs. EPA's response: As acknowledged by the commenter, the only change to the table in 567 IAC 33.3(20) was the removal of the table's title. The title was removed by the state to be consistent with the table in 40 CFR 51.165(b)(2), which also does not have a title. Because the state only removed the title of the table, and did not otherwise revise the text or table of 567 IAC 33.3(20), the comments concerning the last sentence of the 567 IAC 33.3(2) and the table are outside the scope of this action. In addition, the referenced sentence and table are consistent with the text and table of 40 CFR 51.165(b)(2). First commenter, comment 8: The commenter stated that EPA must disapprove 567 IAC 33.3(22) in its entirety as the Clean Air Act does not allow for the rescission of PSD permits. EPA's response: 40 CFR part 52 implements the PSD provisions of the CAA. PSD permits may be rescinded in accordance with 40 CFR 52.21(w). Second commenter: A second commenter stated that EPA cannot rescind 567 IAC 21.1(4) unless the Clean Air Interstate Rule (CAIR) is removed from the Iowa SIP. EPA's response: 567 IAC 21.1(4) specifies emissions inventory requirements for Iowa's implementation of CAIR. Iowa's CAIR regulations are found in 567 IAC chapter 34 and remain a part of the approved SIP. The Federal CAIR regulations have been phased out and replaced by the Cross-State Air Pollution Rule (CSAPR). (See 76 FR 48208). Because the emissions inventory requirements of 567 IAC 21.1(4) were implemented in Iowa in order to comply with CAIR and are not relied upon for any other provision of Iowa's SIP, and because CAIR has been replaced by the CSAPR, EPA is approving Iowa's request to remove 567 IAC 21.1(4) from Iowa's SIP. V. What action is EPA taking? EPA is taking final action to approve revisions to the Iowa State Implementation Plan, the 111(d) plan, and the Operating Permits Program. These revisions update and clarify rules and makes minor revisions and corrections. Approval of these revisions will ensure consistency between the state and federally-approved rules, and ensure Federal enforceability of the state's revised air program rules. VI. Incorporation by Reference In this 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 Iowa Regulations described in the final amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 7 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). 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 in the next update to the SIP compilation.\2\ --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VII. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. [[Page 26602]] 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). In addition, 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 7, 2018. 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, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 40 CFR Part 62 Environmental protection, Air pollution control, Administrative practice and procedure, Reporting and recordkeeping requirements. 40 CFR Part 70 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. Dated: May 25, 2018. James B. Gulliford, Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR parts 52, 62, 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. Section 52.820(c) is amended by revising the heading for chapter 20 and the entries for ``567-20.1'', ``567-20.2'', ``567-21.1'', ``567- 22.1'', ``567-23.3'', ``567-25.1'', ``567-26.2'', ``567-27.1'', ``567- 27.3'', ``567-28.1'', ``567-31.2'', ``567-33.1'', and ``567-33.3'' 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 ---------------------------------------------------------------------------------------------------------------- 567-20.1................... Scope of Title- 3/22/17 6/8/2018, [Insert This rule is a non- Definitions. Federal Register substantive description citation]. of the Chapters contained in the Iowa rules. EPA has not approved all the Chapters to which this rule refers. 567-20.2................... Definitions......... 3/22/17 6/8/2018, [Insert The definitions for Federal Register ``anaerobic lagoon,'' citation]. ``odor,'' ``odorous substance,'' ``odorous substance source'' are not SIP approved. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 21--Compliance ---------------------------------------------------------------------------------------------------------------- 567-21.1................... Compliance Schedule. 3/22/17 6/8/2018, [Insert ........................ Federal Register citation]. [[Page 26603]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 22--Controlling Pollution ---------------------------------------------------------------------------------------------------------------- 567-22.1................... Stationary Sources.. 3/22/17 6/8/2018, [Insert In 22.1(3) the following Federal Register sentence regarding citation]. electronic submission is not SIP approved. The sentence is: ``Alternatively, the owner or operator may apply for a construction permit for a new or modified stationary source through the electronic submittal format specified by the department.'' * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 23--Emission Standards for Contaminants ---------------------------------------------------------------------------------------------------------------- * * * * * * * 567-23.3................... Specific 3/22/17 6/8/2018, [Insert 567 IAC 23.3(3) ``(d)'' Contaminants. Federal Register is not SIP approved. citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 25--Measurement of Emissions ---------------------------------------------------------------------------------------------------------------- 567-25.1................... Testing and Sampling 3/22/17 6/8/2018, [Insert ........................ of New and Existing Federal Register Equipment. citation]. ---------------------------------------------------------------------------------------------------------------- Chapter 26--Prevention of Air Pollution Emergency Episodes ---------------------------------------------------------------------------------------------------------------- * * * * * * * 567-26.2................... Episode Criteria.... 3/22/17 6/8/2018, [Insert ........................ Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 27--Certificate of Acceptance ---------------------------------------------------------------------------------------------------------------- 567-27.1................... General............. 3/22/17 6/8/2018, [Insert ........................ Federal Register citation]. * * * * * * * 567-27.3................... Ordinance or 3/22/17 6/8/2018, [Insert ........................ Regulations. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 28--Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- 567-28.1................... Statewide standards. 3/22/17 6/8/2018, [Insert ........................ Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 31--Nonattainment Areas ---------------------------------------------------------------------------------------------------------------- * * * * * * * 567-31.2................... Rescinded........... 3/22/17 6/8/2018, [Insert Rescinded and reserved Federal 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............. 3/22/17 6/8/2018, [Insert ........................ Federal Register citation]. [[Page 26604]] 567-33.3................... Special Construction 3/22/17 6/8/2018, [Insert Provisions of the 2010 Permit Requirements Federal Register PM2.5 PSD--Increments, for Major citation]. SILs and SMCs rule Stationary Sources (published October 20, in Areas Designated 2010) relating to SILs Attainment or and SMCs that were Unclassified (PSD). affected by the January 22, 2013, U.S. Court of Appeals decision are not SIP approved. Iowa's rule incorporating EPA's 2007 revision of the definition of ``chemical processing plants'' (the ``Ethanol Rule,'' (published May 1, 2007) or EPA's 2008 ``fugitive emissions rule,'' (published December 19, 2008) are not SIP-approved. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 0 3. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart Q--Iowa 0 4. Amend Sec. 62.3913 by revising paragraph (d) and adding paragraph (e) to read as follows: Sec. 62.3913 Identification of plan. * * * * * (d) Amended plan, submitted September 19, 2001. Clarifying revisions to the plan with regard to design capacity reports for control of air emissions from municipal solid waste landfills submitted by the Iowa Department of Natural Resources on September 19, 2001. The amended plan was effective February 11, 2002. (e) Amended plan, submitted April 13, 2017. Grammatical revision to the plan for the control of air emissions from municipal solid waste landfills submitted by the Iowa Department of Natural Resources, on April 13, 2017. The state effective date of the revision was March 22, 2017. The effective date of the amended plan is August 7, 2018. PART 70--STATE OPERATING PERMIT PROGRAMS 0 5. The authority citation for part 70 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 0 6. Amend appendix A to part 70 by adding paragraph (r) under the heading ``Iowa'' to read as follows: Appendix A to Part 70--Approval Status of State and Local Operating Permits Programs * * * * * Iowa * * * * * (r) The Iowa Department of Natural Resources submitted for program approval revisions to rules 567-22.100, 567-22.103, 567- 22.105, and 567-22.108. The state effective date was March 22, 2017. This revision is effective August 7, 2018. * * * * * [FR Doc. 2018-12166 Filed 6-7-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations 26599
future transportation conformity between the state and federally- 52667. This action is a final rule based
determinations for the St. Louis area. approved rules, and ensure Federal on the NPR. A detailed discussion of
The finding is available at EPA’s enforceability of the state’s revised air Iowa’s SIP revisions, the 111(d) plan
conformity website: https:// program rules. revision, and the Operating Permits
www.epa.gov/state-and-local- DATES: This final rule is effective on July Program revisions were provided in the
transportation. 9, 2018. DFR and will not be restated here,
Transportation conformity is required ADDRESSES: EPA has established a
except to the extent relevant to our
by section 176(c) of the Clean Air Act, docket for this action under Docket ID response to the public comment we
as amended in 1990. EPA’s conformity No. EPA–R07–OAR–2017–0470. All received.
rule requires that transportation plans, documents in the docket are listed on II. What is being addressed in this
programs and projects conform to state the https://www.regulations.gov document?
air quality implementation plans and website. Although listed in the index,
establishes the criteria and procedure some information is not publicly EPA is taking final action to approve
for determining whether or not they do. available, i.e., CBI or other information revisions to the Iowa SIP, the 111(d)
Conformity to a SIP means that whose disclosure is restricted by statute. plan, and the Operating Permits
transportation activities will not Certain other material, such as Program. These revisions update and
produce new air quality violations, copyrighted material, is not placed on clarify rules and make minor revisions
worsen existing violations, or delay the internet and will be publicly and corrections. Approval of these
timely attainment of the national available only in hard copy form. revisions will ensure consistency
ambient air quality standards. Publicly available docket materials are between the state and federally-
The criteria by which we determine available through https:// approved rules, and ensure Federal
whether a SIP’s motor vehicle emission www.regulations.gov or please contact enforceability of the state’s revised air
budgets are adequate for conformity the person identified in the FOR FURTHER program rules. Chapters with revisions
purposes are outlined in 40 CFR INFORMATION CONTACT section for are as follows:
93.118(e)(4). Please note that an additional information. • Chapter 20—Scope of Title-
adequacy review is separate from EPA’s
FOR FURTHER INFORMATION CONTACT: Definitions
completeness review, and it should not
be used to prejudge EPA’s ultimate Heather Hamilton, Environmental • Chapter 21—Compliance
approval of the SIP. EPA plans to take Protection Agency, Air Planning and • Chapter 22—Controlling Pollution *
action on the SIP at a later date. We Development Branch, 11201 Renner • Chapter 23—Emission Standards for
have described our process for Boulevard, Lenexa, Kansas 66219 at Contaminants
determining the adequacy of submitted (913) 551–7039, or by email at • Chapter 25—Measurement of
SIP budgets in 40 CFR 93.118(f), and hamilton.heather@epa.gov. Emissions
have followed this rule in making our SUPPLEMENTARY INFORMATION:
• Chapter 26—Prevention of Emergency
adequacy determination. Throughout this document ‘‘we,’’ ‘‘us,’’ Pollution Episodes
and ‘‘our’’ refer to EPA. This section
Authority: 42 U.S.C. 7401–7671q. • Chapter 27—Certificate of Acceptance
provides additional information by
Dated: May 25, 2018. addressing the following: • Chapter 28—Ambient Air Quality
James B. Gulliford, Standards
I. Background
Regional Administrator, Region 7. II. What is being addressed in this document? • Chapter 31—Nonattainment Areas
[FR Doc. 2018–12388 Filed 6–7–18; 8:45 am] III. Have the requirements for approval of the • Chapter 33—Special Regulations and
BILLING CODE 6560–50–P SIP, 111(d) Plan, and Operating Permit Construction Permit Requirements for
Plan Revisions been met? Major Stationary Sources—Prevention
IV. EPA’s Response to Comments of Significant Deterioration (PSD) of
ENVIRONMENTAL PROTECTION V. What action is EPA taking? Air Quality
AGENCY VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews * Title V Operating Permit Program
40 CFR Parts 52, 62, and 70 rules are included in chapter 22 starting
I. Background at 22.100.
[EPA–R07–OAR–2017–0470; FRL 9979–10— On September 15, 2017, EPA
Region 7] III. Have the requirements for approval
proposed to approve revisions to the of the SIP, 111(d) Plan, and Operating
Iowa State Implementation Plan (SIP), Permit Plan Revisions been met?
State of Iowa; Approval and
the 111(d) plan, and the Operating
Promulgation of the State
Permits Program. See 82 FR 43315. In The state submittal has met the public
Implementation Plan, the 111(d) Plan
conjunction with the September 15, notice requirements for SIP submissions
and the Operating Permits Program
2017 notice of proposed rulemaking in accordance with 40 CFR 51.102. The
AGENCY: Environmental Protection (NPR), EPA issued a direct final rule submittal also satisfied the
Agency (EPA). (DFR) approving revisions to the Iowa completeness criteria of 40 CFR part 51,
ACTION: Final rule. SIP, the 111(d) plan, and the Operating appendix V. In addition, as explained
Permits Program. See 82 FR 43303. In above and in more detail in the TSD
SUMMARY: The Environmental Protection the DFR, EPA stated that if adverse which is part of this docket, these
Agency (EPA) is taking final action to comments were submitted to EPA by revisions meet the substantive SIP
approve revisions to the Iowa State October 16, 2017, the action would be requirements of the CAA, including
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Implementation Plan (SIP), the 111(d) withdrawn and not take effect. section 110 and implementing
plan, and the Operating Permits EPA received three comments prior to regulations. These revisions are also
Program. These revisions update and the close of the comment period; one in consistent with applicable EPA
clarify rules and make minor revisions support of the rule revisions and two of requirements of the 111(d) plan
and corrections. Approval of these which were adverse. EPA withdrew the submission and Title V of the CAA and
revisions will ensure consistency DFR on November 14, 2017. See 82 FR 40 CFR part 70.
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![26602 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Rules and Regulations
• Does not impose an information governments or preempt tribal law as Particulate matter, Reporting and
collection burden under the provisions specified by Executive Order 13175 (65 recordkeeping requirements, Sulfur
of the Paperwork Reduction Act (44 FR 67249, November 9, 2000). oxides, Volatile organic compounds.
U.S.C. 3501 et seq.); The Congressional Review Act, 5
40 CFR Part 62
• Is certified as not having a U.S.C. 801 et seq., as added by the Small
significant economic impact on a Business Regulatory Enforcement Environmental protection, Air
substantial number of small entities Fairness Act of 1996, generally provides pollution control, Administrative
under the Regulatory Flexibility Act (5 that before a rule may take effect, the practice and procedure, Reporting and
U.S.C. 601 et seq.); agency promulgating the rule must recordkeeping requirements.
• Does not contain any unfunded submit a rule report, which includes a
copy of the rule, to each House of the 40 CFR Part 70
mandate or significantly or uniquely
affect small governments, as described Congress and to the Comptroller General Environmental protection,
in the Unfunded Mandates Reform Act of the United States. EPA will submit a Administrative practice and procedure,
of 1995 (Pub. L. 104–4); report containing this action and other Air pollution control, Intergovernmental
• Does not have federalism required information to the U.S. Senate, relations, Operating permits, Reporting
implications as specified in Executive the U.S. House of Representatives, and and recordkeeping requirements.
Order 13132 (64 FR 43255, August 10, the Comptroller General of the United
States prior to publication of the rule in Dated: May 25, 2018.
1999);
• Is not an economically significant the Federal Register. A major rule James B. Gulliford,
regulatory action based on health or cannot take effect until 60 days after it Regional Administrator, Region 7.
safety risks subject to Executive Order is published in the Federal Register. For the reasons stated in the
13045 (62 FR 19885, April 23, 1997); This action is not a ‘‘major rule’’ as preamble, EPA amends 40 CFR parts 52,
• Is not a significant regulatory action defined by 5 U.S.C. 804(2). 62, and 70 as set forth below:
subject to Executive Order 13211 (66 FR Under section 307(b)(1) of the CAA,
28355, May 22, 2001); petitions for judicial review of this PART 52—APPROVAL AND
• Is not subject to requirements of action must be filed in the United States PROMULGATION OF
Section 12(d) of the National Court of Appeals for the appropriate IMPLEMENTATION PLANS
Technology Transfer and Advancement circuit by August 7, 2018. Filing a
Act of 1995 (15 U.S.C. 272 note) because petition for reconsideration by the ■ 1. The authority citation for part 52
application of those requirements would Administrator of this final rule does not continues to read as follows:
be inconsistent with the CAA; and affect the finality of this action for the
purposes of judicial review nor does it Authority: 42 U.S.C. 7401 et seq.
• Does not provide EPA with the
discretionary authority to address, as extend the time within which a petition
Subpart Q—Iowa
appropriate, disproportionate human for judicial review may be filed, and
health or environmental effects, using shall not postpone the effectiveness of ■ 2. Section 52.820(c) is amended by
practicable and legally permissible such rule or action. This action may not revising the heading for chapter 20 and
methods, under Executive Order 12898 be challenged later in proceedings to the entries for ‘‘567–20.1’’, ‘‘567–20.2’’,
(59 FR 7629, February 16, 1994). enforce its requirements. (See section ‘‘567–21.1’’, ‘‘567–22.1’’, ‘‘567–23.3’’,
In addition, the SIP is not approved 307(b)(2)). ‘‘567–25.1’’, ‘‘567–26.2’’, ‘‘567–27.1’’,
to apply on any Indian reservation land List of Subjects ‘‘567–27.3’’, ‘‘567–28.1’’, ‘‘567–31.2’’,
or in any other area where EPA or an ‘‘567–33.1’’, and ‘‘567–33.3’’ to read as
Indian tribe has demonstrated that a 40 CFR Part 52 follows:
tribe has jurisdiction. In those areas of Environmental protection, Air
Indian country, the rule does not have pollution control, Incorporation by § 52.820 Identification of plan.
tribal implications and will not impose reference, Intergovernmental relations, * * * * *
substantial direct costs on tribal Lead, Nitrogen dioxide, Ozone, (c) * * *
EPA-APPROVED IOWA REGULATIONS
State effective
Iowa citation Title EPA approval date Explanation
date
Iowa Department of Natural Resources Environmental Protection Commission [567]
Chapter 20—Scope of Title—Definitions
567–20.1 ............. Scope of Title-Definitions 3/22/17 6/8/2018, [Insert Federal This rule is a non-substantive description of the
Register citation]. Chapters contained in the Iowa rules. EPA has
not approved all the Chapters to which this rule
refers.
567–20.2 ............. Definitions ....................... 3/22/17 6/8/2018, [Insert Federal The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’
Register citation]. ‘‘odorous substance,’’ ‘‘odorous substance
source’’ are not SIP approved.
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* * * * * * *
Chapter 21—Compliance
567–21.1 ............. Compliance Schedule ..... 3/22/17 6/8/2018, [Insert Federal
Register citation].
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EPA-APPROVED IOWA REGULATIONS—Continued
State effective
Iowa citation Title EPA approval date Explanation
date
* * * * * * *
Chapter 22—Controlling Pollution
567–22.1 ............. Stationary Sources ......... 3/22/17 6/8/2018, [Insert Federal In 22.1(3) the following sentence regarding elec-
Register citation]. tronic submission is not SIP approved. The sen-
tence is: ‘‘Alternatively, the owner or operator
may apply for a construction permit for a new or
modified stationary source through the electronic
submittal format specified by the department.’’
* * * * * * *
Chapter 23—Emission Standards for Contaminants
* * * * * * *
567–23.3 ............. Specific Contaminants .... 3/22/17 6/8/2018, [Insert Federal 567 IAC 23.3(3) ‘‘(d)’’ is not SIP approved.
Register citation].
* * * * * * *
Chapter 25—Measurement of Emissions
567–25.1 ............. Testing and Sampling of 3/22/17 6/8/2018, [Insert Federal
New and Existing Register citation].
Equipment.
Chapter 26—Prevention of Air Pollution Emergency Episodes
* * * * * * *
567–26.2 ............. Episode Criteria .............. 3/22/17 6/8/2018, [Insert Federal
Register citation].
* * * * * * *
Chapter 27—Certificate of Acceptance
567–27.1 ............. General ........................... 3/22/17 6/8/2018, [Insert Federal
Register citation].
* * * * * * *
567–27.3 ............. Ordinance or Regulations 3/22/17 6/8/2018, [Insert Federal
Register citation].
* * * * * * *
Chapter 28—Ambient Air Quality Standards
567–28.1 ............. Statewide standards ....... 3/22/17 6/8/2018, [Insert Federal
Register citation].
* * * * * * *
Chapter 31—Nonattainment Areas
* * * * * * *
567–31.2 ............. Rescinded ....................... 3/22/17 6/8/2018, [Insert Federal Rescinded and reserved
Register citation].
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* * * * * * *
Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
Deterioration (PSD) of Air Quality
567–33.1 ............. Purpose .......................... 3/22/17 6/8/2018, [Insert Federal
Register citation].
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EPA-APPROVED IOWA REGULATIONS—Continued
State effective
Iowa citation Title EPA approval date Explanation
date
567–33.3 ............. Special Construction Per- 3/22/17 6/8/2018, [Insert Federal Provisions of the 2010 PM2.5 PSD—Increments,
mit Requirements for Register citation]. SILs and SMCs rule (published October 20,
Major Stationary 2010) relating to SILs and SMCs that were af-
Sources in Areas Des- fected by the January 22, 2013, U.S. Court of
ignated Attainment or Appeals decision are not SIP approved. Iowa’s
Unclassified (PSD). rule incorporating EPA’s 2007 revision of the
definition of ‘‘chemical processing plants’’ (the
‘‘Ethanol Rule,’’ (published May 1, 2007) or
EPA’s 2008 ‘‘fugitive emissions rule,’’ (published
December 19, 2008) are not SIP-approved.
* * * * * * *
* * * * * Appendix A to Part 70—Approval questions related to the CJR model:
Status of State and Local Operating CJR@cms.hhs.gov.
PART 62—APPROVAL AND Permits Programs
PROMULGATION OF STATE PLANS SUPPLEMENTARY INFORMATION:
* * * * *
FOR DESIGNATED FACILITIES AND I. Background
POLLUTANTS Iowa
* * * * * In the Medicare Program; Cancellation
■ 3. The authority citation for part 62 (r) The Iowa Department of Natural of Advancing Care Coordination
Resources submitted for program approval Through Episode Payment and Cardiac
continues to read as follows: revisions to rules 567–22.100, 567–22.103,
Rehabilitation Incentive Payment
Authority: 42 U.S.C. 7401 et seq. 567–22.105, and 567–22.108. The state
effective date was March 22, 2017. This Models; Changes to Comprehensive
Subpart Q—Iowa revision is effective August 7, 2018. Care for Joint Replacement Payment
* * * * * Model: Extreme and Uncontrollable
■ 4. Amend § 62.3913 by revising [FR Doc. 2018–12166 Filed 6–7–18; 8:45 am] Circumstances Policy for the
paragraph (d) and adding paragraph (e) BILLING CODE 6560–50–P Comprehensive Care for Joint
to read as follows: Replacement Payment Model final rule
and interim final rule with comment
§ 62.3913 Identification of plan. DEPARTMENT OF HEALTH AND period published on December 1, 2017
* * * * * HUMAN SERVICES (82 FR 57066 through 57104), we issued
an interim final rule with comment
(d) Amended plan, submitted Centers for Medicare & Medicaid period in conjunction with the final rule
September 19, 2001. Clarifying revisions Services in order to address the need for a policy
to the plan with regard to design
to provide some flexibility in the
capacity reports for control of air 42 CFR Part 510 determination of episode costs for
emissions from municipal solid waste
[CMS–5524–F2] providers located in areas impacted by
landfills submitted by the Iowa
extreme and uncontrollable
Department of Natural Resources on RIN 0938–AT16
circumstances. Specifically, we
September 19, 2001. The amended plan
Medicare Program; Changes to the finalized an extreme and uncontrollable
was effective February 11, 2002.
Comprehensive Care for Joint events policy for the performance years
(e) Amended plan, submitted April Replacement Payment Model (CJR): 2 through 5 reconciliation and sought
13, 2017. Grammatical revision to the Extreme and Uncontrollable comment on potential refinements we
plan for the control of air emissions Circumstances Policy for the CJR might make to this policy for future
from municipal solid waste landfills Model performance year reconciliations after
submitted by the Iowa Department of performance year 2. The 30-day
Natural Resources, on April 13, 2017. AGENCY: Centers for Medicare &
comment period for that rule closed on
The state effective date of the revision Medicaid Services (CMS), HHS.
January 30, 2018. We received 3
was March 22, 2017. The effective date ACTION: Final rule.
comments on our comment solicitation
of the amended plan is August 7, 2018. SUMMARY: This final rule finalizes a on potential refinements we might make
policy that provides flexibility in the to the extreme and uncontrollable
PART 70—STATE OPERATING PERMIT circumstances policy for future
determination of episode spending for
PROGRAMS Comprehensive Care for Joint performance year reconciliations after
Replacement Payment Model (CJR) performance year 2. Those 3 comments
■ 5. The authority citation for part 70 participant hospitals located in areas and our responses are discussed in the
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continues to read as follows: impacted by extreme and uncontrollable following paragraphs. We also received
Authority: 42 U.S.C. 7401, et seq. circumstances for performance years 3 4 comments that did not relate to the
through 5. extreme and uncontrollable
■ 6. Amend appendix A to part 70 by DATES: Effective July 9, 2018. circumstances policy comment
adding paragraph (r) under the heading FOR FURTHER INFORMATION CONTACT: solicitation.
‘‘Iowa’’ to read as follows: Heather Holsey, (410) 786–0028. For
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Document Created: 2018-06-08 01:22:11
Document Modified: 2018-06-08 01:22:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on July 9, 2018. | |
| 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 [email protected] | |
| FR Citation | 83 FR 26599 | |
| CFR Citation | 40
CFR
52 40 CFR 62 40 CFR 70 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides; Volatile Organic Compounds; Administrative Practice and Procedure and Operating Permits |
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