83_FR_35595 83 FR 35451 - Air Plan Approval; Iowa; Approval of the State Implementation Plan and the Operating Permits Program

83 FR 35451 - Air Plan Approval; Iowa; Approval of the State Implementation Plan and the Operating Permits Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 144 (July 26, 2018)

Page Range35451-35454
FR Document2018-15924

The Environmental Protection Agency (EPA) is proposing to approve revisions to the Iowa State Implementation Plan (SIP), and the Operating Permits Program. The proposed revisions clarify the types of mailing services that may be used for submitting construction and operating permit applications, and clarify that applications are not required to be submitted by certified mail. The proposed revisions also eliminate the requirement for construction permit applications for projects that will not emit greenhouse gases (GHG) to submit the current separate three-page GHG form. In addition, a revision to the operating permit program is being made to require only one copy of the permit application instead of two. Finally, this proposed action includes minor grammatical corrections. EPA has reviewed these proposed revisions and determined that they will not impact air quality and will ensure consistency between the state and federally approved rules.

Federal Register, Volume 83 Issue 144 (Thursday, July 26, 2018)
[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Proposed Rules]
[Pages 35451-35454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2018-0536; FRL-9981-19--Region 7]


Air Plan Approval; Iowa; Approval of the State Implementation 
Plan and the Operating Permits Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Iowa State Implementation Plan (SIP), and the 
Operating Permits Program. The proposed revisions clarify the types of 
mailing services that may be used for submitting construction and 
operating permit applications, and clarify that applications are not 
required to be submitted by certified mail. The

[[Page 35452]]

proposed revisions also eliminate the requirement for construction 
permit applications for projects that will not emit greenhouse gases 
(GHG) to submit the current separate three-page GHG form. In addition, 
a revision to the operating permit program is being made to require 
only one copy of the permit application instead of two. Finally, this 
proposed action includes minor grammatical corrections. EPA has 
reviewed these proposed revisions and determined that they will not 
impact air quality and will ensure consistency between the state and 
federally approved rules.

DATES: Comments must be received on or before August 27, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2018-0536 to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://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,'' and 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP and the operating 
permits program revision been met?
III. What actions are proposed?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is proposing to approve a submission from the state of Iowa to 
revise the Iowa SIP and Operating Permits Program. The proposed 
revisions to the SIP are to clarify the types of mailing services that 
may be used for submitting construction permit applications to include 
the U.S. Postal Service, private parcel delivery services, and hand 
delivery. Construction permit applications are not required to be 
submitted by certified mail. The proposed revisions also eliminate the 
requirement for construction permit applications for projects that will 
not emit greenhouses gases to submit the current three-page form.
    The proposed revisions to the operating permits program clarifies 
the types of mailing services that may be used for submitting operating 
permit applications to include the U.S. Postal Service, private parcel 
delivery services, and hand delivery. Operating permit applications are 
not required to be submitted by certified mail. This proposal to the 
operating permits program is being made to require only one copy of the 
operating permit application instead of two.
    This proposed action also includes minor grammatical corrections to 
the SIP for construction permit rules and minor grammatical corrections 
to the operating permits program rules.

II. Have the requirements for approval of a SIP and the operating 
permits program revision been met?

    The administrative rule amendments in this submission were first 
published in the Iowa Administrative Bulletin as a Notice of Intended 
Action on January 18, 2017. A public comment period was held from 
January 18, 2017, to February 20, 2017, with a public hearing on 
February 20, 2017. EPA submitted a comment during the public comment 
period stating that the portion of the proposed amendment allowing 
submittal of a construction permit application or a title V operating 
permit application by email would not be approved until Iowa's 
electronic document receiving system was approved pursuant to the Cross 
Media Electronic Reporting Rule (CROMERR) at 40 CFR part 3.\1\ In 
response to this comment, Iowa requested an applicability determination 
from EPA. A response from EPA dated May 25, 2017, was sent to Iowa 
stating email applications would not be considered CROMERR compliant.
---------------------------------------------------------------------------

    \1\ On December 29, 2009 (See 74 FR 68692), EPA did not act on 
Iowa's provision that allowed for electronic submittal for 
construction permit applications (subrule 22.1(3)), and electronic 
submittal for operating permit applications (subrule 22.105(1)) 
because Iowa's electronic document receiving system was not approved 
pursuant to CROMERR.
---------------------------------------------------------------------------

    In response to the applicability determination, the state of Iowa 
amended the rules to remove the provisions for email applications and 
republished the Notice of Intended Action for public comment on August 
16, 2017. A public comment period was held between August 16, 2017 and 
September 5, 2017, with a public hearing held on September 5, 2017. No 
comments were received during this period. The submission was sent to 
EPA on January 4, 2018, and received January 9, 2018.
    The state submittal 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, 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 Title 
V of the CAA and 40 CFR part 70.

III. What actions are proposed?

    EPA is proposing to approve revisions to the Iowa SIP, and the 
Operating Permits Program. The proposed revisions clarify the types of 
mailing services that may be used for submitting construction and 
operating permit applications, and clarify that applications are not 
required to be submitted by certified mail. The proposed revisions also 
eliminate the requirement for construction permit applications or 
projects that will not emit greenhouse gases (GHG) to submit the 
current separate three-page GHG form. In addition, a revision to the 
operating permit program is being made to require only one copy of the 
permit application instead of two. Finally, this proposed action 
includes minor grammatical corrections.

IV. Incorporation by Reference

    In this action, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the Iowa Regulations described in the 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

[[Page 35453]]

FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, 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: July 16, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR parts 52 and 70 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

    Authority:  2 U.S.C. 7401 et seq.

Subpart Q--Iowa

0
2. In Sec.  52.820, the table in paragraph (c) is amended by revising 
the entry ``567-22.1'' to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
       Iowa citation                  Title           effective      EPA approval date          Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
                                      Iowa Department of Natural Resources
                                    Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1...................  Permits Required for       12/13/17  [Date of publication    Electronic submittal
                              New or Existing                      of the final rule in    referred to in
                              Stationary Sources.                  the Federal             22.1(3) is not SIP
                                                                   Register], [Federal     approved.
                                                                   Register citation of
                                                                   the final rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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 (s) under the 
heading ``Iowa'' to read as follows:

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

* * * * *

Iowa

* * * * *
    (s) The Iowa Department of Natural Resources submitted for 
program approval revisions to rule 567-22.105. Electronic submittal 
referred to in 22.105 is not approved in the operating permits 
program. The state effective date is December 13, 2017. This 
revision is effective [date 60 days after

[[Page 35454]]

date of publication of the final rule in the Federal Register].
* * * * *
[FR Doc. 2018-15924 Filed 7-25-18; 8:45 am]
BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules                                                35451

                                                  rulemakings which tightened engine                       reductions generated from those                         • is not subject to requirements of
                                                  standards and required fuel                              counties as part of the ‘‘credits’’ in                Section 12(d) of the National
                                                  formulations contain reduced levels of                   North Carolina’s NOX emissions budget)                Technology Transfer and Advancement
                                                  sulfur. See 65 FR 6698 (February 10,                     will not interfere with the State’s                   Act of 1995 (15 U.S.C. 272 note) because
                                                  2000) and 81 FR 23641 (April 22, 2016).                  obligations under the NOX SIP Call to                 application of those requirements would
                                                  MOVES2014 modeling results indicate                      meet its Statewide NOX emissions                      be inconsistent with the CAA; and
                                                  that removing the 26 counties from the                   budget. In addition, EPA is also                        • does not provide EPA with the
                                                  expanded I/M program would not                           proposing to find that the removal of the             discretionary authority to address, as
                                                  increase SO2 emissions. For these                        26 counties from the SIP-approved                     appropriate, disproportionate human
                                                  reasons, EPA proposes to find that                       expanded I/M program will not interfere               health or environmental effects, using
                                                  removal of the 26 counties from the SIP-                 with continued attainment or                          practicable and legally permissible
                                                  approved expanded I/M program would                      maintenance of any applicable NAAQS                   methods, under Executive Order 12898
                                                  not interfere with maintenance of the                    or with any other applicable                          (59 FR 7629, February 16, 1994).
                                                  2010 SO2 NAAQS in the State.                             requirement of the CAA, and that North                  The SIP is not approved to apply on
                                                  vi. Non-Interference Analysis for 2008                   Carolina has satisfied the requirements               any Indian reservation land or in any
                                                  Lead NAAQS                                               of section 110(l) of the CAA.                         other area where EPA or an Indian tribe
                                                                                                                                                                 has demonstrated that a tribe has
                                                    On November 12, 2008 (73 FR 66964),                    VI. Statutory and Executive Order
                                                                                                                                                                 jurisdiction. In those areas of Indian
                                                  EPA promulgated a revised primary and                    Reviews
                                                                                                                                                                 country, the rule does not have tribal
                                                  secondary lead NAAQS of 0.15 mg/m3.                         Under the CAA, the Administrator is                implications as specified by Executive
                                                  Under EPA’s regulations at 40 CFR part                   required to approve a SIP submission                  Order 13175 (65 FR 67249, November 9,
                                                  50, the 2008 lead NAAQS are met when                     that complies with the provisions of the              2000), nor will it impose substantial
                                                  the maximum arithmetic 3-month mean                      Act and applicable Federal regulations.               direct costs on tribal governments or
                                                  concentration for a 3-year period, as                    See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               preempt tribal law.
                                                  determined in accordance with                            Thus, in reviewing SIP submissions,
                                                  Appendix R of 40 CFR part 50, is less                    EPA’s role is to approve state choices,               List of Subjects in 40 CFR Part 52
                                                  than or equal to 0.15 mg/m3. See 40 CFR                  provided they meet the criteria of the                  Environmental protection, Air
                                                  50.16. On November 8, 2011, EPA                          CAA. This action merely proposes to                   pollution control, Carbon monoxide,
                                                  designated the entire State of North                     approve state law as meeting Federal                  Incorporation by reference,
                                                  Carolina as unclassifiable/attainment for                requirements and does not impose                      Intergovernmental relations, Lead,
                                                  that NAAQS. See 76 FR 72907. North                       additional requirements beyond those                  Nitrogen dioxide, Ozone, Particulate
                                                  Carolina’s ambient lead levels have                      imposed by state law. For that reason,                matter, Reporting and recordkeeping
                                                  remained well below the standard. The                    this proposed action:                                 requirements, Sulfur oxides, Volatile
                                                  pollution control systems for light-duty
                                                                                                              • Is not a significant regulatory action           organic compounds.
                                                  gasoline vehicles subject to the I/M
                                                                                                           subject to review by the Office of                      Authority: 42 U.S.C. 7401 et seq.
                                                  program are not designed to reduce
                                                                                                           Management and Budget under
                                                  emissions for lead; therefore, removing                                                                          Dated: July 16, 2018.
                                                                                                           Executive Orders 12866 (58 FR 51735,
                                                  counties from the program will not have                                                                        Onis ‘‘Trey’’ Glenn, III,
                                                                                                           October 4, 1993) and 13563 (76 FR 3821,
                                                  any impact on ambient concentrations                                                                           Regional Administrator, Region 4.
                                                                                                           January 21, 2011);
                                                  of lead. MOVES 2014 modeling results
                                                  indicate that removing 26 counties from                     • is not an Executive Order 13771 (82              [FR Doc. 2018–15813 Filed 7–25–18; 8:45 am]

                                                  the expanded I/M program would not                       FR 9339, February 2, 2017) regulatory                 BILLING CODE 6560–50–P

                                                  increase lead emissions. For these                       action because SIP approvals are
                                                  reasons, EPA proposes to find that                       exempted under Executive Order 12866;
                                                                                                              • does not impose an information                   ENVIRONMENTAL PROTECTION
                                                  removal of the 26 counties from the SIP-                                                                       AGENCY
                                                  approved expanded I/M program would                      collection burden under the provisions
                                                  not interfere with maintenance of the                    of the Paperwork Reduction Act (44
                                                                                                                                                                 40 CFR Parts 52 and 70
                                                  2008 lead NAAQS in the State.                            U.S.C. 3501 et seq.);
                                                                                                              • is certified as not having a                     [EPA–R07–OAR–2018–0536; FRL–9981–
                                                  IV. Proposed Action                                      significant economic impact on a                      19—Region 7]
                                                    For the reasons explained above in                     substantial number of small entities
                                                                                                           under the Regulatory Flexibility Act (5               Air Plan Approval; Iowa; Approval of
                                                  Section III of this proposed rulemaking,
                                                                                                           U.S.C. 601 et seq.);                                  the State Implementation Plan and the
                                                  EPA is proposing to approve North
                                                                                                              • does not contain any unfunded                    Operating Permits Program
                                                  Carolina’s November 17, 2017, SIP
                                                  revision. Specifically, EPA is proposing                 mandate or significantly or uniquely                  AGENCY:  Environmental Protection
                                                  to approve the removal of Brunswick,                     affect small governments, as described                Agency (EPA).
                                                  Burke, Caldwell, Carteret, Catawba,                      in the Unfunded Mandates Reform Act                   ACTION: Proposed rule.
                                                  Chatham, Cleveland, Craven,                              of 1995 (Pub. L. 104–4);
                                                  Edgecombe, Granville, Harnett,                              • does not have Federalism                         SUMMARY:   The Environmental Protection
                                                  Haywood, Henderson, Lenoir, Moore,                       implications as specified in Executive                Agency (EPA) is proposing to approve
                                                  Nash, Orange, Pitt, Robeson, Rutherford,                 Order 13132 (64 FR 43255, August 10,                  revisions to the Iowa State
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Stanly, Stokes, Surry, Wayne, Wilkes,                    1999);                                                Implementation Plan (SIP), and the
                                                  and Wilson counties, from the SIP-                          • is not an economically significant               Operating Permits Program. The
                                                  approved expanded I/M program.                           regulatory action based on health or                  proposed revisions clarify the types of
                                                  Additionally, EPA is proposing to find                   safety risks subject to Executive Order               mailing services that may be used for
                                                  that North Carolina’s removal of the 26                  13045 (62 FR 19885, April 23, 1997);                  submitting construction and operating
                                                  counties from the SIP-approved                              • is not a significant regulatory action           permit applications, and clarify that
                                                  expanded I/M program (and the removal                    subject to Executive Order 13211 (66 FR               applications are not required to be
                                                  of reliance on the I/M emissions                         28355, May 22, 2001);                                 submitted by certified mail. The


                                             VerDate Sep<11>2014   16:03 Jul 25, 2018   Jkt 244001   PO 00000   Frm 00014   Fmt 4702   Sfmt 4702   E:\FR\FM\26JYP1.SGM   26JYP1


                                                  35452                    Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules

                                                  proposed revisions also eliminate the                    I. What is being addressed in this                     applicability determination from EPA. A
                                                  requirement for construction permit                      document?                                              response from EPA dated May 25, 2017,
                                                  applications for projects that will not                     EPA is proposing to approve a                       was sent to Iowa stating email
                                                  emit greenhouse gases (GHG) to submit                    submission from the state of Iowa to                   applications would not be considered
                                                  the current separate three-page GHG                      revise the Iowa SIP and Operating                      CROMERR compliant.
                                                  form. In addition, a revision to the                     Permits Program. The proposed                            In response to the applicability
                                                  operating permit program is being made                   revisions to the SIP are to clarify the                determination, the state of Iowa
                                                  to require only one copy of the permit                   types of mailing services that may be                  amended the rules to remove the
                                                  application instead of two. Finally, this                used for submitting construction permit                provisions for email applications and
                                                  proposed action includes minor                           applications to include the U.S. Postal                republished the Notice of Intended
                                                  grammatical corrections. EPA has                         Service, private parcel delivery services,             Action for public comment on August
                                                  reviewed these proposed revisions and                    and hand delivery. Construction permit                 16, 2017. A public comment period was
                                                  determined that they will not impact air                 applications are not required to be                    held between August 16, 2017 and
                                                  quality and will ensure consistency                      submitted by certified mail. The                       September 5, 2017, with a public
                                                  between the state and federally                          proposed revisions also eliminate the                  hearing held on September 5, 2017. No
                                                  approved rules.                                          requirement for construction permit                    comments were received during this
                                                  DATES: Comments must be received on                      applications for projects that will not                period. The submission was sent to EPA
                                                  or before August 27, 2018.                               emit greenhouses gases to submit the                   on January 4, 2018, and received
                                                  ADDRESSES: Submit your comments,                         current three-page form.                               January 9, 2018.
                                                  identified by Docket ID No. EPA–R07–                        The proposed revisions to the                         The state submittal met the public
                                                  OAR–2018–0536 to https://                                operating permits program clarifies the                notice requirements for SIP submissions
                                                  www.regulations.gov. Follow the online                   types of mailing services that may be                  in accordance with 40 CFR 51.102. The
                                                  instructions for submitting comments.                    used for submitting operating permit                   submittal also satisfied the
                                                  Once submitted, comments cannot be                       applications to include the U.S. Postal                completeness criteria of 40 CFR part 51,
                                                  edited or removed from Regulations.gov.                  Service, private parcel delivery services,             appendix V. In addition, these revisions
                                                  The EPA may publish any comment                          and hand delivery. Operating permit                    meet the substantive SIP requirements
                                                  received to its public docket. Do not                    applications are not required to be                    of the CAA, including section 110 and
                                                  submit electronically any information                    submitted by certified mail. This                      implementing regulations. These
                                                  you consider to be Confidential                          proposal to the operating permits                      revisions are also consistent with
                                                  Business Information (CBI) or other                      program is being made to require only                  applicable EPA requirements of Title V
                                                  information whose disclosure is                          one copy of the operating permit                       of the CAA and 40 CFR part 70.
                                                  restricted by statute. Multimedia                        application instead of two.
                                                                                                              This proposed action also includes                  III. What actions are proposed?
                                                  submissions (audio, video, etc.) must be
                                                  accompanied by a written comment.                        minor grammatical corrections to the                     EPA is proposing to approve revisions
                                                  The written comment is considered the                    SIP for construction permit rules and                  to the Iowa SIP, and the Operating
                                                  official comment and should include                      minor grammatical corrections to the                   Permits Program. The proposed
                                                  discussion of all points you wish to                     operating permits program rules.                       revisions clarify the types of mailing
                                                  make. The EPA will generally not                         II. Have the requirements for approval                 services that may be used for submitting
                                                  consider comments or comment                             of a SIP and the operating permits                     construction and operating permit
                                                  contents located outside of the primary                  program revision been met?                             applications, and clarify that
                                                  submission (i.e., on the web, cloud, or                                                                         applications are not required to be
                                                                                                              The administrative rule amendments
                                                  other file sharing system). For                                                                                 submitted by certified mail. The
                                                                                                           in this submission were first published
                                                  additional submission methods, the full                                                                         proposed revisions also eliminate the
                                                                                                           in the Iowa Administrative Bulletin as
                                                  EPA public comment policy,                                                                                      requirement for construction permit
                                                                                                           a Notice of Intended Action on January
                                                  information about CBI or multimedia                                                                             applications or projects that will not
                                                                                                           18, 2017. A public comment period was
                                                  submissions, and general guidance on                                                                            emit greenhouse gases (GHG) to submit
                                                                                                           held from January 18, 2017, to February
                                                  making effective comments, please visit                                                                         the current separate three-page GHG
                                                                                                           20, 2017, with a public hearing on
                                                  https://www2.epa.gov/dockets/                                                                                   form. In addition, a revision to the
                                                                                                           February 20, 2017. EPA submitted a
                                                  commenting-epa-dockets.                                                                                         operating permit program is being made
                                                                                                           comment during the public comment
                                                  FOR FURTHER INFORMATION CONTACT:                                                                                to require only one copy of the permit
                                                                                                           period stating that the portion of the
                                                  Heather Hamilton, Environmental                                                                                 application instead of two. Finally, this
                                                                                                           proposed amendment allowing
                                                  Protection Agency, Air Planning and                                                                             proposed action includes minor
                                                                                                           submittal of a construction permit
                                                  Development Branch, 11201 Renner                                                                                grammatical corrections.
                                                                                                           application or a title V operating permit
                                                  Boulevard, Lenexa, Kansas 66219 at                       application by email would not be                      IV. Incorporation by Reference
                                                  (913) 551–7039, or by email at                           approved until Iowa’s electronic
                                                  hamilton.heather@epa.gov.                                                                                         In this action, EPA is proposing to
                                                                                                           document receiving system was
                                                  SUPPLEMENTARY INFORMATION:                                                                                      include in a final EPA rule regulatory
                                                                                                           approved pursuant to the Cross Media
                                                  Throughout this document ‘‘we,’’ ‘‘us,’’                                                                        text that includes incorporation by
                                                                                                           Electronic Reporting Rule (CROMERR)
                                                  and ‘‘our’’ refer to EPA. This section                                                                          reference. In accordance with
                                                                                                           at 40 CFR part 3.1 In response to this
                                                                                                                                                                  requirements of 1 CFR 51.5, EPA is
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  provides additional information by                       comment, Iowa requested an
                                                  addressing the following:                                                                                       proposing to incorporate by reference
                                                                                                             1 On December 29, 2009 (See 74 FR 68692), EPA        the Iowa Regulations described in the
                                                  I. What is being addressed in this document?                                                                    amendments to 40 CFR part 52 set forth
                                                  II. Have the requirements for approval of a              did not act on Iowa’s provision that allowed for
                                                       SIP and the operating permits program
                                                                                                           electronic submittal for construction permit           below. EPA has made, and will continue
                                                                                                           applications (subrule 22.1(3)), and electronic         to make, these materials generally
                                                       revision been met?                                  submittal for operating permit applications (subrule
                                                  III. What actions are proposed?                          22.105(1)) because Iowa’s electronic document
                                                                                                                                                                  available through www.regulations.gov
                                                  IV. Incorporation by Reference                           receiving system was not approved pursuant to          and at the EPA Region 7 Office (please
                                                  V. Statutory and Executive Order Reviews                 CROMERR.                                               contact the person identified in the FOR


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                                                                              Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules                                                                       35453

                                                  FURTHER INFORMATION CONTACT   section of                           • Does not contain any unfunded                                List of Subjects
                                                  this preamble for more information).                            mandate or significantly or uniquely
                                                                                                                                                                                    40 CFR Part 52
                                                                                                                  affect small governments, as described
                                                  V. Statutory and Executive Order                                                                                                    Environmental protection, Air
                                                                                                                  in the Unfunded Mandates Reform Act
                                                  Reviews                                                                                                                           pollution control, Incorporation by
                                                                                                                  of 1995 (Pub. L. 104–4);
                                                    Under the Clean Air Act (CAA), the                               • Does not have Federalism                                     reference, Intergovernmental relations,
                                                  Administrator is required to approve a                          implications as specified in Executive                            Reporting and recordkeeping
                                                  SIP submission that complies with the                           Order 13132 (64 FR 43255, August 10,                              requirements.
                                                  provisions of the Act and applicable                            1999);
                                                                                                                                                                                    40 CFR Part 70
                                                  Federal regulations. 42 U.S.C. 7410(k);                            • Is not an economically significant
                                                  40 CFR 52.02(a). Thus, in reviewing SIP                         regulatory action based on health or                                Environmental protection,
                                                  submissions, EPA’s role is to approve                           safety risks subject to Executive Order                           Administrative practice and procedure,
                                                  state choices, provided that they meet                          13045 (62 FR 19885, April 23, 1997);                              Air pollution control, Intergovernmental
                                                  the criteria of the CAA. Accordingly,                              • Is not a significant regulatory action                       relations, Operating permits, Reporting
                                                  this action merely approves state law as                        subject to Executive Order 13211 (66 FR                           and recordkeeping requirements.
                                                  meeting Federal requirements and does                           28355, May 22, 2001);
                                                                                                                                                                                      Dated: July 16, 2018.
                                                  not impose additional requirements                                 • Is not subject to requirements of the
                                                                                                                  National Technology Transfer and                                  James B. Gulliford,
                                                  beyond those imposed by state law. For
                                                                                                                  Advancement Act (NTTA) because this                               Regional Administrator, Region 7.
                                                  that reason, this action:
                                                                                                                  rulemaking does not involve technical                               For the reasons stated in the
                                                    • Is not a significant regulatory action                                                                                        preamble, EPA proposes to amend 40
                                                  subject to review by the Office of                              standards; and
                                                                                                                     • Does not provide EPA with the                                CFR parts 52 and 70 as set forth below:
                                                  Management and Budget under
                                                                                                                  discretionary authority to address, as
                                                  Executive Orders 12866 (58 FR 51735,                                                                                              PART 52—APPROVAL AND
                                                                                                                  appropriate, disproportionate human
                                                  October 4, 1993) and 13563 (76 FR 3821,                                                                                           PROMULGATION OF
                                                                                                                  health or environmental effects, using
                                                  January 21, 2011);                                                                                                                IMPLEMENTATION PLANS
                                                                                                                  practicable and legally permissible
                                                    • Is not an Executive Order 13771 (82                         methods, under Executive Order 12898
                                                  FR 9339, February 2, 2017) regulatory                                                                                             ■ 1. The authority citation for part 52
                                                                                                                  (59 FR 7629, February 16, 1994).
                                                  action because SIP approvals are                                                                                                  continues to read as follows:
                                                                                                                     The SIP is not approved to apply on
                                                  exempted under Executive Order 12866.                           any Indian reservation land or in any                                 Authority: 2 U.S.C. 7401 et seq.
                                                    • Does not impose an information                              other area where EPA or an Indian tribe
                                                  collection burden under the provisions                          has demonstrated that a tribe has                                 Subpart Q—Iowa
                                                  of the Paperwork Reduction Act (44                              jurisdiction. In those areas of Indian                            ■  2. In § 52.820, the table in paragraph
                                                  U.S.C. 3501 et seq.);                                           country, the rule does not have tribal                            (c) is amended by revising the entry
                                                    • Is certified as not having a                                implications and will not impose                                  ‘‘567–22.1’’ to read as follows:
                                                  significant economic impact on a                                substantial direct costs on tribal
                                                  substantial number of small entities                            governments or preempt tribal law as                              § 52.820    Identification of plan.
                                                  under the Regulatory Flexibility Act (5                         specified by Executive Order 13175 (65                            *       *    *           *     *
                                                  U.S.C. 601 et seq.);                                            FR 67249, November 9, 2000).                                          (c) * * *

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

                                                                                                                   Iowa Department of Natural Resources
                                                                                                                 Environmental Protection Commission [567]


                                                              *                            *                           *                              *                        *                         *                     *

                                                                                                                            Chapter 22—Controlling Pollution

                                                  567–22.1 ...........     Permits Required for New or Exist-                      12/13/17           [Date of publication of the final rule     Electronic submittal referred to in
                                                                             ing Stationary Sources.                                                    in    the    Federal    Register],         22.1(3) is not SIP approved.
                                                                                                                                                        [Federal Register citation of the
                                                                                                                                                        final rule].

                                                              *                            *                           *                              *                        *                         *                     *
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                                                  *       *       *       *       *                               ■ 4. Appendix A to part 70 is amended                             Iowa
                                                                                                                  by adding paragraph (s) under the                                 *       *        *       *     *
                                                  PART 70—STATE OPERATING PERMIT                                  heading ‘‘Iowa’’ to read as follows:                                (s) The Iowa Department of Natural
                                                  PROGRAMS                                                                                                                          Resources submitted for program approval
                                                                                                                  Appendix A to Part 70—Approval                                    revisions to rule 567–22.105. Electronic
                                                  ■ 3. The authority citation for part 70                         Status of State and Local Operating                               submittal referred to in 22.105 is not
                                                  continues to read as follows:                                   Permits Programs                                                  approved in the operating permits program.
                                                                                                                                                                                    The state effective date is December 13, 2017.
                                                      Authority: 42 U.S.C. 7401, et seq.                          *          *         *       *           *                        This revision is effective [date 60 days after



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                                                  35454                    Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules

                                                  date of publication of the final rule in the             SUPPLEMENTARY INFORMATION:       This is a               Filing Option for Operators with
                                                  Federal Register].                                       summary of the Commission’s                           Geographically Diverse Earth Stations.
                                                  *      *     *       *       *                           document, DA 18–639, released June 21,                The Bureau announces that it is waiving
                                                  [FR Doc. 2018–15924 Filed 7–25–18; 8:45 am]              2018. The full text of this document is               certain sections of the Commission’s
                                                  BILLING CODE 6560–50–P                                   available at https://docs.fcc.gov/public/             rules to permit operators of multiple
                                                                                                           attachments/DA-18-639A1.pdf. It is also               geographically diverse receive-only
                                                                                                           available for inspection and copying                  earth stations to register those stations
                                                  FEDERAL COMMUNICATIONS                                   during business hours in the FCC                      under § 25.115(c)(2) of the
                                                  COMMISSION                                               Reference Information Center, Portals II,             Commission’s rules, 47 CFR
                                                                                                           445 12th Street SW, Room CY–A257,                     25.115(c)(2), which permits applications
                                                  47 CFR Part 25                                           Washington, DC 20554. To request                      for ‘‘Networks of earth station operating
                                                  [GN Docket Nos. 17–183, 18–122; DA 18–                   materials in accessible formats for                   in the 3700–4200 MHz and 5925–6425
                                                  639]                                                     people with disabilities, send an email               MHz bands.’’ Specifically, the Bureau
                                                                                                           to FCC504@fcc.gov or call the Consumer                waives the portions of § 25.115(c)(2) that
                                                  Notice of 90-Day Filing Window                           & Governmental Affairs Bureau at 202–                 are inapplicable to receive-only stations
                                                  Extension for Earth Stations Currently                   418–0530 (voice), 202–418–0432 (TTY).
                                                  Operating in the 3.7–4.2 GHz Band;                                                                             or are unnecessary as a result of the
                                                                                                              Background. On April 19, 2018, the
                                                  Filing Options for Operators With                                                                              Freeze PN. The following procedures
                                                                                                           International, Public Safety and
                                                  Multiple Earth Station Antennas                                                                                apply to applicants seeking to utilize the
                                                                                                           Homeland Security, and Wireless
                                                                                                                                                                 § 25.115(c)(2) process for registration of
                                                  AGENCY:  Federal Communications                          Telecommunications Bureaus issued
                                                                                                           Public Notice DA 18–398 announcing a                  receive-only earth stations during the
                                                  Commission.                                                                                                    filing window: Applicants must
                                                                                                           temporary freeze effective April 19,
                                                  ACTION: Proposed rule.                                                                                         complete a ‘‘Lead Application’’ on Form
                                                                                                           2018, on the filing of new or
                                                                                                           modification applications for FSS earth               312, Main Form and Schedule B;
                                                  SUMMARY:    In this document, the
                                                  International Bureau (Bureau)                            station licenses, FSS receive-only earth              Schedule B should include a site ID for
                                                  announces a 90-day extension to the                      station registrations, and fixed                      each geographic location where the
                                                  filing window for fixed-satellite service                microwave licenses in the 3.7–4.2 GHz                 applicant has receive-only earth stations
                                                  (FSS) earth stations currently operating                 frequency band. As a limited exception                and should provide the technical details
                                                  in the 3.7–4.2 GHz frequency band                        to the filing freeze, the International               required by the Form for each antenna
                                                  announced in the Public Notice (Freeze                   Bureau concurrently opened a 90-day                   at each site; the coordination report
                                                  PN), DA 18–398. The Bureau also                          window during which entities that                     required by § 25.115(c)(2) is waived as
                                                  clarifies that applications to register                  operated existing FSS earth stations in               described in DA 18–398; the
                                                  multiple FSS antennas operating in this                  the 3.7–4.2 GHz band could voluntarily                requirements of paragraphs (i) and (v) of
                                                  band that are located at the same                        file an application to register or license            § 25.115(c)(2) are waived for networks of
                                                  address or geographic location may be                    their earth stations if they were not                 receive-only earth stations; pursuant to
                                                  filed in the International Bureau Filing                 currently registered or licensed in the               DA 18–398, only earth stations
                                                  System (IBFS) by using a single                          IBFS, or could file an application to                 constructed and operational as of April
                                                  registration form and paying a single                    modify a current registration or license.             19, 2018 may file during the window, so
                                                  fee. Finally, the Bureau announces the                   The Bureau also waived the                            the one-year construction period of
                                                  availability of an additional option to                  coordination report requirement for the               § 25.115(c)(2)(vii) is inapplicable.
                                                  facilitate the registration of large                     duration of the freeze.                                  Fees. Applicants filing as a network of
                                                  numbers of geographically diverse earth                     90-Day Extension of Application                    earth stations under § 25.115(c)(2) as
                                                  stations by filing an application for a                  Filing Window. The International                      described above must pay the fee for a
                                                  single ‘‘network’’ license and paying a                  Bureau now extends the original 90-day                ‘‘Fixed Satellite VSAT System,’’ which
                                                  single fee in IBFS.                                      filing window announced in the Freeze                 is currently $10,620 (fee code BGV).
                                                  DATES: 90-day extension of filing                        PN for an additional 90 days, until                   Networks of receive-only earth stations
                                                  window closes October 17, 2018.                          October 17, 2018, in order to provide                 are not subject to regulatory fees.
                                                  ADDRESSES: You may submit comments,                      operators with more time to file
                                                  identified by GN Docket Nos. 17–183                      applications, should they choose to do                   This document does not contain
                                                  and 18–122, by any of the following                      so. This action does not impact the cut-              proposed information collection
                                                  methods:                                                 off date for operations eligible for the              requirements subject to the Paperwork
                                                     • Federal Communications                              exception, i.e., only earth stations                  Reduction Act of 1995, Public Law 104–
                                                  Commission’s Website: http://                            constructed and operational as of April               13. In addition, therefore, it does not
                                                  apps.fcc.gov/ecfs//. Follow the                          19, 2018 are eligible for filing during               contain any proposed information
                                                  instructions for submitting comments.                    this window.                                          collection burden for small business
                                                     • People with Disabilities: Contact the                  Filing Option for Operators with                   concerns with fewer than 25 employees,
                                                  FCC to request reasonable                                Multiple Co-Located Earth Station                     pursuant to the Small Business
                                                  accommodations (accessible format                        Antennas. The Bureau clarifies that                   Paperwork Relief Act of 2002, Public
                                                  documents, sign language interpreters,                   operators with multiple receive-only                  Law 107–198, see 44 U.S.C. 3506(c)(4).
                                                  CART, etc.) by email: FCC504@fcc.gov                     antennas at a single geographic location
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                 Federal Communications Commission.
                                                  or phone: 202–418–0530 or TTY: 888–                      or address may apply to register these
                                                  835–5322.                                                                                                      Troy Tanner,
                                                                                                           antennas under a single earth station
                                                  FOR FURTHER INFORMATION CONTACT:                         application and pay a single application              Deputy Chief, International Bureau.
                                                  Christopher Bair, 202–418–0945 or Paul                   fee, which is currently $435 (fee code                [FR Doc. 2018–15969 Filed 7–25–18; 8:45 am]
                                                  Blais, 202–418–7274.                                     CMO).                                                 BILLING CODE 6712–01–P




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Document Created: 2018-11-06 10:26:39
Document Modified: 2018-11-06 10:26:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before August 27, 2018.
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 Citation83 FR 35451 
CFR Citation40 CFR 52
40 CFR 70
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure and Operating Permits

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