[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Rules and Regulations]
[Pages 52857-52860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20750]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2013-0446; FRL-9900-39-Region 7]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the State Implementation Plan
(SIP) for the state of Iowa. The purpose of these revisions is to
update the Polk County Board of Health Rules and Regulations, Chapter
V, Air Pollution. The revisions reflect updates to the Iowa statewide
rules previously approved by EPA and will ensure consistency between
the applicable local agency rules and Federally-approved rules.
DATES: This direct final rule will be effective October 28, 2013
without further notice, unless EPA receives adverse comment by
September 26, 2013. If EPA receives adverse comment, we will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2013-0446, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
[[Page 52858]]
2. Email: [email protected].
3. Mail or Hand Delivery: Michael Jay, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2013-0446. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 a.m. to 4:30
p.m. excluding legal holidays. The interested persons wanting to
examine these documents should make an appointment with the office at
least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Michael Jay, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at (913) 551-7460, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this document?
The State of Iowa has requested EPA approval of revisions to the
local agency's Rules and Regulations, Chapter V, ``Air Pollution,'' as
a revision to the SIP. In order for the local program's ``Air
Pollution'' rules to be incorporated into the Federally-enforceable
SIP, on behalf of the local agency, the State must submit the formally
adopted regulations and control strategies, which are consistent with
the State and Federal requirements, to EPA for inclusion in the SIP.
The regulation adoption process generally includes public notice, a
public comment period and a public hearing, and formal adoption of the
rule by the State authorized rulemaking body. In this case, that
rulemaking body is the local agency. After the local agency formally
adopts the rule, the local agency submits the rulemaking to the State,
and then the State submits the rulemaking to EPA for consideration for
formal action (inclusion of the rulemaking into the SIP). EPA must
provide public notice and seek additional public comment regarding the
proposed Federal action on the State's submission.
EPA received the request from the State to adopt revisions to the
local air agency rules into the SIP on September 23, 2011. The
revisions were adopted by the local agency on July 26, 2011, and became
effective on August 3, 2011. EPA is approving the requested revisions
to the Iowa SIP relating to the following:
Article I. In General, Section 5-1. Purpose and Ambient
Air Quality Standards;
Article I. In General, Section 5-2. Definitions;
Article III. Incinerator and Open Burning, Section 5-7.
Open Burning Prohibited;
Article X. Permits, Division I. Construction Permits,
Section 5-33. Exemptions From Permit Requirements;
Article X. Permits, Division I. Construction Permits,
Section 5-35. Operating Permit Required.
EPA's action does not cover revisions to:
Article VI. Emission of Air Contaminants From Industrial
Process, Section 5-17. Excess Emissions;
Article VI, Sections 5-16 (n), (o), and (p) which pertain
to New Source Performance Standards (NSPS);
Article VIII, which pertain to National Emission Standards
Hazardous Air Pollutants (NESHAPS).
II. Have the requirements for approval of a SIP revision 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.
III. What action is EPA taking?
We are taking direct final action to approve the amendments to the
Polk County Board of Health Rules and Regulations, Chapter V, ``Air
Pollution.'' The local agency routinely revises its ``Air Pollution''
regulations to be consistent with the Federally-approved Iowa
Administrative Code. The local agency's ``Air Pollution'' rules are
consistent with State and Federal regulations and were revised as
follows:
Article I, Section 5-1(b) was revised to cite the cross-reference
to the approved State rules at (455B). Section 5-1(c) revised the
amendment dates for each chapter of the Federally-approved State rules.
Section 5-2 added the definitions for Greenhouse gases, Regulated NSR
pollutant, Subject to regulation, and revised the definition of major
stationary source.
Article III, Section 5-7, addresses open burning regulations and a
section was added that states these rules do not apply to outdoor patio
heaters burning natural gas, propane, or alcohol. This section further
states that such heaters shall not be used for burning refuse, rubbish
or garbage.
A revision was made to Article X, Division 1, Construction Permits,
Section 5-33(6) that refers to incinerators and pyrolysis cleaning
furnaces with a manufacturer's design capacity less than 25 pounds per
hour. The sentence that refers to single family dwelling's compliance
with Section 5-16 was removed. An addition to the pyrolysis cleaning
furnace exemption added electric-use furnaces. Under this same article,
bathroom vent emissions,
[[Page 52859]]
including toilet vent emissions was added to the list of exemptions.
Article X, Division 2, Operating Permits, Section 5-35, (b)(1) and
(b)(2) added the phrase ``subject to regulation'' to differentiate from
pollutants that are not regulated. Under this same article and section,
a paragraph was added to address greenhouse gas emissions at a
stationary source that emits or has the potential to emit less than
100,000 tons per year of carbon dioxide equivalent emissions. Under
this same article, bathroom vent emissions, including toilet vent
emissions was added to the list of exemptions.
We are publishing this rule without a prior proposed rule because
we view this as a noncontroversial amendment and anticipate no adverse
comment because the revisions are largely administrative and consistent
with Federal regulations. However, in the ``Proposed Rules'' section of
today's Federal Register, we are publishing a separate document that
will serve as the proposed rule to approve the SIP revision if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.
Statutory and Executive Order Reviews
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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 October 28, 2013. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 1, 2013.
Mark Hague,
Acting Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. In 52.820 the table in paragraph (c) is amended by revising the
entry for ``Chapter V'' under the heading ``Polk County'' to read as
follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
[[Page 52860]]
EPA-Approved Iowa Regulations
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State
Iowa citation Title effective EPA approval date Explanation
date
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Iowa Department of Natural Resources Environmental Protection Commission [567]
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Polk County
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CHAPTER V....................... Polk County Board 08/03/11 08/27/13 [insert Article I, Section 5-2,
of Health Rules Federal Register definition of
and Regulations page number where ``variance''; Article
Air Pollution the document VI, Sections 5-16(n),
Chapter V. begins]. (o) and (p); Article
VIII;; Article IX,
Sections 5-27(3) and
(4); Article X,
Section 5-28,
subsections (a)
through (c); Article
XIII and Article XVI,
Section 5-75 are not
part of the SIP.
Article VI, Section 5-
17, adopted by Polk
County on 7/26/2011,
is not part of the
SIP, and the
previously approved
version of Article VI,
Section 5-17 remains
part of the SIP.
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[FR Doc. 2013-20750 Filed 8-26-13; 8:45 am]
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