[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62852-62856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24860]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0300; FRL-9918-15-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: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) revisions submitted by the State of
Iowa for the purpose of approving the 2008, 2009, 2011, 2012, and 2013
updates to the Linn County Air Quality Ordinance. EPA is approving
Iowa's request to include revisions to the Linn County Air Quality
Ordinance, Chapter 10, because the revisions improve the stringency of
the Iowa SIP.
DATES: This direct final rule will be effective on December 22, 2014,
without further notice, unless EPA receives adverse comment by November
20, 2014. 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-2014-0300, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Mail or Hand Delivery: Amy Algoe-Eakin, 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-
2014-0300. 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 to 4:30
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: Amy Algoe-Eakin, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219, at 913-551-7942, 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:
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?
What is being addressed in this document?
The Iowa Department of Natural Resources (IDNR) requests EPA's
approval of the 2008, 2009, 2010, 2012, and 2013 revisions to the Linn
County Air Quality Ordinance, Chapter 10, as a revision to the Iowa
SIP. All changes were adopted by the Linn County Board of Supervisors
for each of the years addressed with this action. Pursuant to a request
from IDNR \1\, EPA is taking action on the 2008, 2009, 2010, 2013 and
2013 revisions to the Linn County Air Quality Ordinance to the extent
they are contained in the 2013 version of the Linn County Air Quality
Ordinance. See the Technical Support Document in the docket for today's
action for further information.
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\1\ See letter from Catharine Fitzsimmons, Chief of the Air
Quality Bureau of IDNR to Karl Brooks, Regional Administrator of EPA
Region 7, dated August 15, 2014, available in the Docket for today's
action.
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The following is a description of the 2008 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action and consistent with the Federally-approved state rules:
The following definitions are being added to the Linn County Air
Quality Ordinance, Chapter 10.2 ``Definitions'': ASME, ASTM, Attainment
area, Biodiesel fuel, Btu, Carbonaceous fuel, Criteria, Department,
Diesel fuel, DNR, Electric furnace, Emission Unit, EPA conditional
method, EPA reference method, Equipment, Excess air, Excess emission,
Foundry cupola, Gas cleaning device, Goal, Heating value, IAC,
Initiation of construction, installation or alteration, Level, New
Source Performance Standards, Nonattainment area, Number 1 fuel oil/
Number 2 fuel oil, Objective, Plan documents, PM10,
[[Page 62853]]
PM2.5, Privileged Communication, Process, Salvage
operations, Smoke Monitor, Source operation, Standard metropolitan
statistical area, Theoretical air, 12-month rolling period, Untreated,
and Urban area.
The following definitions are being changed in the Linn County Air
Quality Ordinance, Chapter 10.2, ``Definitions'' to improve the
stringency of the Iowa SIP: Air Pollution Control Officer, Air quality
standard, Air pollution forecast, Country grain elevator, Major
Stationary Source, Potential to Emit, Prevention of Significant
Deterioration, Process weight rate, Responsible official, Significant,
State Implementation Plan, Total Suspended Particles, Volatile Organic
Compounds.
``Air Quality Division'' or ``Air Pollution Control Agency'' was
deleted from the 2008 submittal.
Chapter 10.5 addresses ``Locally Required Permits.'' Changes in
2008 include a revision to 10.5(2) to strengthen the rules for
Authorization to Install; two paragraphs are being added to 10.5(2)(a)
for additional permit requirements; an administrative change is being
made to 10.5(2)(b), and 10.5(2)(d) is being added to outline
requirements for issuance of a permit. Note that EPA has not approved
the local permit program with regard to permits for major sources.
Major source permits (Prevention of Significant Deterioration) are
issued by IDNR.
``Duration of Permit'' is addressed in 10.5(3). This 2008 revision
to 10.5(3)(c-d) states permits can be renewed yearly but are subject to
10.6--Permitting Fees--of the ordinance. The rules to post the permit
are being revised for additional detail and clarity.
``Exemptions from the Authorization to Install Permit and Permit to
Operate Requirements,'' (10.5(9)) was revised in 2008, 2009, 2010 and
2011, and lists 37 exemptions too numerous to mention here. For the
entire list, refer to the technical support document located in the
docket for this rulemaking. These revisions are consistent with the
Federally-approved state rules.
Administrative changes were made to 10.5(10-11), ``Emissions
Offsets for Non-Attainment Designated Areas,'' and ``Dispersion Credit
Allowance,'' in 2008.
Chapter 10.6 addresses permit fees and is being revised at 10.6(3)
to include late filing fees for each permit and permit renewal. A
revision being made to 10.6(4) states the fees are established by
resolution by the County.
The titles for 10.9 and 10.9(1) were revised in 2008 to read
``Emission Standards,'' and 10.9(1) ``Emissions of Particulate
Matter.''
``Grain Handling and Processing Plants,'' 10.9(1)(g), is being
revised to add three sub-sections to address the limit of particulate
matter discharged to the atmosphere, and addresses grain bin vents
constructed, modified or reconstructed before and after March 31, 2008.
These revisions are consistent with the Federally-approved state rules.
Grammatical changes are being made to 10.9(1)(l) ``Incinerator'',
and the opacity for visible emissions from an incinerator is being
revised to reduce opacity from sixty percent to forty percent which
strengthens the rule to protect air quality. The state requested this
Chapter be added in to the 111(d) plan which is being accomplished with
this rulemaking.
Chapter 10.10 of the Linn County Air Quality Ordinance sets forth
rules for ``Open Burning.'' In addition to grammatical corrections,
this 2008 revision addresses the issuance, validity, and revisions to
open burning permits, as well as clarifying the circumstances for
burning landscape wastes, and adds fire extinguisher training to open
burning exemptions. This revision adds that open burning of residential
waste, landscape wastes and leaves, within one-half mile of Cedar
Rapids, Hiawatha or Marion, Iowa, is not allowed as of January 1, 2009.
Revisions to open burning rules are consistent with Federally-approved
state rules.
Chapter 10.13, ``Fugitive Dust'', was revised in 2008 at
10.13(1)(6) to add an additional precaution to prevent fugitive dust by
reducing the speed of vehicles traveling over on-property surfaces as
necessary to minimize the generation of airborne dusts. These revisions
are consistent with Federally-approved state rules.
Chapter 10.16 ``Circumvention'' is being revised to add evidence
used in establishing that a violation has or is occurring. Information
from the use of a monitoring method pursuant to 10.5, compliance test
methods pursuant to 10.17, or testing and monitoring methods pursuant
to 10.5 is being added. Presumptive credible testing (monitoring or
testing methods, other testing, monitoring or other information-
gathering methods comparable to 10.16(1) ``a'') are being added to this
rule. These revisions are consistent with Federally-approved state
rules.
Chapter 10.17, ``Testing and Sampling of New and Existing
Equipment,'' is revised to renumber/reorder sections within the rule.
Additional revisions to this section include 10.17(1) ``Continuous
Monitoring of Opacity from Coal-Fire Steam Generating Units''; 10.17
sections 2 and 3 are reserved; 10.17(4) ``Continuous Monitoring of
Sulfur Dioxide from Sulfuric Acid Plants''; 10.17(8) ``Tests by
Department.''
Chapter 10.20 is renamed ``Public Records and Fair Information
Practices'' and describes that information received will be publicly
available or be granted confidential treatment in accordance with the
IAC, and reproduction services will be rendered at the rate established
by the Linn County Board of Health.
The following is a description of the 2009 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action:
The definition of ``significant'' is revised in the Linn County Air
Quality Ordinance, Chapter 10.2, ``Definitions.'' \2\
Table 1 of Chapter 10.9 is revised to remove the phrase ``or more''
after the process weight rate lb/hr 6,000,000, and tons/hr 3,000.00.
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\2\ Pursuant to an email dated September 18, 2014, from
Catharine Fitzsimmons, Air Quality Bureau Chief of IDNR, to Joshua
Tapp, Chief of the Air Planning and Development Branch of EPA Region
7, IDNR requests that EPA take no action on the definition of
``Significant'' as it relates to PM2.5 and it is
therefore not included in today's action. See Docket for further
information.
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Chapter 10.17, ``Testing and Sampling of New and Existing
Equipment,'' is revised to add (7) ``Tests by Owner'' for new, modified
or existing equipment.
The following is a description of the 2011 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action:
The definition of ``Volatile organic compound'' is added to the
Linn County Air Quality Ordinance, Chapter 10.2.
Chapter 10.6(2), ``Annual Fee for Permit to Operate,'' was revised
in 2012 to state renewal fees will be paid by the invoice due date or
the permit will expire and not be valid.
The following is a description of the 2012 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action:
Chapter 10.6(1), ``Permit Fees,'' was revised in 2013 to correct a
grammatical error.
Chapter 10.10 of the Linn County Air Quality Ordinance sets forth
rules for ``Open Burning.'' Revisions are made to 10.10(A)(1)(h-i),
``Trees and Tree Trimmings,'' and ``Other,'' respectively. ``Other''
includes native prairie management on a case-by-case basis as allowed
by permit and issued by the Air Pollution Control Officer.
The following is a description of the 2013 revisions to the Linn
County Air Quality Ordinance, Chapter 10, which are subject to this
approval action:
Chapter 10.1, ``Purpose and Ambient Air Quality Standards,'' was
revised in
[[Page 62854]]
2013 to amend the Federal references to be consistent with state rules
that are Federally-approved.
The following definitions are revised in the Linn County Air
Quality Ordinance, Chapter 10.2, ``Definitions'' and are consistent
with state rules that are Federally-approved: EPA reference method,
PM10, PM2.5, and Total suspended particulate.
Chapter 10.5 addresses ``Locally Required Permits.'' The 2013
Revision to 10.5(6), ``Transfer of Permits,'' adds written notification
delivery methods to be consistent with Federally-approved state rules,
and reduces the number of days for notification from 30 to 14 when
transferring portable equipment.
Chapter 10.17, ``Testing and Sampling of New and Existing
Equipment,'' is being revised at 10.17(5) ``Maintenance of Records of
Continuous Monitors,'' for administrative changes, and at 10.17(6)
``Reporting of Continuous Monitoring Information.'' 10.17(6)
strengthened the reporting requirements and is consistent with
Federally-approved state rules.
Changes to 10.17(9) ``Methods and Procedures'' include revisions
for performance test (stack tests), continuous monitoring systems, and
permit and compliance demonstration requirements to include the most
recent analytical reference methods to be consistent with Federally-
approved state rules.
Changes to 10.17(10) and (11) remove references to specific
processes in this chapter making the rules more stringent, as all
processes are included in the revision. Changes to 10.17(12) include
the most recent revision to the EPA reference method to be Federally-
approved state rules.
The following is a list of definitions and rules which are not
being approved as part of the EPA-approved SIP:
10.2 ``Definitions''; definition of Anaerobic Lagoon, definition of
Biomass, definition of Federally-Enforceable, definition of Greenhouse
Gas, definition of Major Modification, definition of Maximum Achievable
Control Technology (MACT), and the definition of MACT Floor. (The
definition of ``Significant'' is approved. However, the state of Iowa
has withdrawn their request to included PM2.5 in the
definition of ``significant.'') 10.4-1, Title V Permits; 10.5(9) ``b''
Locally Required Permits; Exemptions from the Authorization to Install
Permit to Operate Requirements;
10.8(2) ``b'' Emissions From Fuel-Burning Equipment; Emission
Limitation; 10.8(3) Emissions From Fuel-Burning Equipment; Exemptions
for Residential Heaters Burning Solid Fuels; 10.8(4) Emissions from
Fuel-Burning Equipment; Nuisance Conditions for Fuel Burning Equipment;
10.9(2), New Source Performance Standards (NSPS); 10.9(3), Emission
Standards for Hazardous Air Pollutants (HAPs); 10.9(4), Emission
Standards for HAPs for Source Categories; 10.10(4), Variance from
Rules; 10.11, Emission of Objectionable Odors; 10.15, Variances;
10.17(13), Continuous Emissions from Acid Rain, and 10.24, Penalty.
II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is taking action on the 2008, 2009, 2010, 2013 and 2013
revisions to the Linn County Air Quality Ordinance and is approving
those revisions to the extent they are contained in the 2013 version of
the Linn County Air Quality Ordinance. These revisions will improve the
stringency of the SIP.
We are taking direct final action to approve revisions because they
are routine changes to the existing rules which are noncontroversial.
Therefore, we do not anticipate any adverse comments. However, in the
``Proposed Rules'' section of this Federal Register, we are publishing
a separate document that will serve as the proposed rule if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
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'' under the terms
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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
[[Page 62855]]
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 December 22, 2014. 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, Administrative
practice and procedure, Incorporation by reference, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 30, 2014.
Rebecca Weber,
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 Sec. 52.820 the table in paragraph (c) is amended by revising
the entry for ``Chapter 10'' under the heading ``Linn County'' to read
as follows:
Sec. 52.820 Identification of Plan.
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(c) * * *
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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Linn County
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Chapter 10.......................... Linn County Air Quality 7/24/13 10/21/14 [Insert The following definitions are not SIP-approved in
Ordinance, Chapter 10. Federal Register Chapter 10.2; Anaerobic lagoon, Biomass, Chemical
citation]. processing plants (ethanol production facilities
that produce ethanol by natural fermentation
included in NAICS code 325193 or 312140 are not
included in this definition);
Federally Enforceable; Greenhouse gases; Maximum
Achievable Control Technology (MACT); MACT floor;
Major modification; Significant is approved,
however, PM2.5 is not included in the definition of
``significant.'' The following sections are not SIP
approved: 10.4(1), Title V Permits; 10.5(9) ``b''
Locally Required Permits; Exemptions from the
Authorization to Install Permit to Operate
Requirements; 10.8(2) ``b'' Emissions From Fuel-
Burning Equipment; Emission Limitation; 10.8(3)
Emissions From Fuel-Burning Equipment; Exemptions
for Residential Heaters Burning Solid Fuels;
10.8(4) Emissions from Fuel-Burning Equipment;
Nuisance Conditions for Fuel Burning Equipment;
10.9(2), NSPS; 10.9(3), Emission Standards for
HAPs; 10.9(4), Emission Standards for HAPs for
Source Categories; 10.10(4) Variance from rules;
10.11, Emission of Objectionable Odors; 10.15,
Variances, 10.17(13) Continuous Emissions
Monitoring from Acid Rain Program, and 10.24,
Penalty.
* * * * * * *
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[FR Doc. 2014-24860 Filed 10-20-14; 8:45 am]
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