[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Rules and Regulations]
[Pages 43303-43307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19347]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52, 62, and 70
[EPA-R07-OAR-2017-0470; FRL-9967-52-Region 7]
State of Iowa; Approval and Promulgation of the State
Implementation Plan, the 111(d) Plan, and the Operating Permits Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Iowa State Implementation Plan
(SIP), the 111(d) plan, and the Operating Permits Program. These
revisions update and clarify rules and make minor revisions and
corrections. Approval of these revisions will ensure consistency
between the state and Federally-approved rules, and ensure Federal
enforceability of the state's revised air program rules. EPA is taking
direct final action because we view this as a noncontroversial action
and anticipate no relevant adverse comment. We have explained our
reasons for these actions in the Technical Support Document (TSD) that
is included in this docket.
DATES: This direct final rule is effective November 14, 2017, without
further notice, unless EPA receives adverse comment by October 16,
2017. 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-2017-0470, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit 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
[email protected].
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. What SIP revisions are being approved by EPA?
III. What 111(d) plan revisions are being approved by EPA?
IV. What operating permit plan revisions are being approved by EPA?
V. Have the requirements for approval of the SIP, 111(d) plan, and
operating permit plan revisions been met?
VI. What action is EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is taking direct final action to approve revisions to the Iowa
SIP, the 111(d) plan, and the Operating Permits Program. These
revisions update and clarify rules and make minor revisions and
corrections. Approval of these revisions will ensure consistency
between the state and Federally-approved rules, and ensure Federal
enforceability of the state's revised air program rules. Chapters with
revisions are as follows:
Chapter 20--Scope of Title--Definitions
Chapter 21--Compliance
Chapter 22--Controlling Pollution*
Chapter 23--Emission Standards for Contaminants
Chapter 25--Measurement of Emissions
Chapter 26--Prevention of Emergency Pollution Episodes
Chapter 27--Certificate of Acceptance
Chapter 28--Ambient Air Quality Standards
Chapter 31--Nonattainment Areas
Chapter 33--Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality
* Title V Operating Permit Program rules are included in Chapter 22
starting at 22.100.
II. What SIP revisions are being approved by EPA?
EPA is approving SIP revisions submitted by the state of Iowa to
update and clarify rules, and make minor revisions and corrections. EPA
analyzed the SIP revisions and determined that air quality will not be
impacted, and revisions are consistent with Federal regulations.
Revisions to the SIP are as follows:
The title to chapter 20 is revised to ``Scope of Title--
Definitions,'' which more accurately describes what is included in the
Chapter. With the chapter title revision, the summaries of each chapter
of the air quality rules are revised at 20.1. The definition of EPA
reference method (20.2) is revised to adopt the most current Federal
revisions to EPA methods for measuring air pollutant emissions.
Subrule 21.1(4) of the SIP is rescinded. This subrule applied to
the emission inventory requirements for the Clean Air Interstate Rule
which was rescinded by EPA. The rescission of this rule does not impact
air quality.
With regard to chapter 22 which addresses permitting requirements
for existing sources, a revision is made to 22.1(1)``b'' to remove the
Federal amendment date for the referenced Federal regulation, and adds
language to refer to the state rule in which the Federal regulation is
adopted by reference. This revision removes redundancy from the state
rules. A revision is made to 22.1(1)``c''(2) to adopt the most recent
changes to Federal air quality control strategies for lead.
Subrule 22.1(2) revisions update exemptions from construction
permitting in the introductory paragraph to clarify that facilities
applying for plantwide applicability limitations as specified in rule
33.9, are eligible to use construction permitting exemptions. The fuel-
burning
[[Page 43304]]
equipment exemption (22.1(2)``b'') is revised to add ``indirect''
cooling to be consistent with Federal regulations. The air compressors
and vacuum pumps exemption (22.1(2)``x'') are revised to remove a
misplaced comma; the production welding exemption (22.1(2)``ff'') is
revised to correct an error in a technical equation, and the non-road
diesel fuel engines with a brake horsepower rating of less than 1,100
at full load exemption, (22.1(2)``oo'') is updated to correct grammar
and to revise the reference to Federal regulations. The revisions to
exemptions to construction permitting do not impact air quality.
Revisions are being made to 22.1(3) to revise the number of copies
of construction permit applications. Clarification with regard to new
or modified anaerobic lagoon construction permits directs the reader to
567--chapter 65, which are regulations for animal feeding operating and
are not subject to the air permitting rules in 567--chapter 22.
Paragraph 22.1(3)``b'' is revised to include instructions for
submitting applications on forms available from the Web site.
Subrule 23.3(1) (Specific contaminants--general) is revised to
clarify that facility operations subject to new source performance
standards are not subject to the emission standards specified in rule
23.3.
Chapter 25--Measurement of Emissions--is revised at 25.1(9) to
adopt revised Federal methods for emissions testing and monitoring, and
adds language to clarify the alternative methodology for performance
test (stack test) and continuous monitoring systems. This revision
insures that only current Federal test methods are used to demonstrate
compliance with permit conditions and that required test methods are no
more stringent than Federal methods.
Revisions to chapter 26--Prevention of Air Pollution Emergency
Episodes--reflect the current Federal levels and terminology for air
pollution emergency episodes for ozone and particulate matter that are
used in making determinations for the declaration of an emergency
episode condition. A punctuation correction is being made to
``Declarations.'' The revisions are consistent with Federal regulations
and do not impact air quality.
Chapter 27 applies to political subdivisions. Revisions are being
made to 27.1(2), to correct the reference to the Iowa Administrative
Code (455B.139) as it applies to emergency orders. Revisions to
27.3(4)``c'' ensure the local programs variance procedures and rules
are consistent with the state's, which were approved in to the SIP in
1972 and revised through 2007.
Revisions to chapter 28--State-wide standards--adopt by reference
revisions to the National Ambient Air Quality Standards (NAAQS) for
PM2.5. The PM2.5 standard was revised in 2012 to
increase protection to public health and the environment. Iowa
determined that no other changes to air quality rules are needed to
implement the revised NAAQS for PM2.5.
The general conformity rule at 31.2 is rescinded and reserved. The
requirement for states to include general conformity requirements in
any SIP submitted for a nonattainment area was eliminated in 2005. The
rescission of this rule does not impact air quality.
Chapter 33 applies to special regulations and construction permit
requirements for major stationary sources--prevention of significant
deterioration (PSD) of air quality. The introductory paragraph to 33.1,
the definition of ``subject to regulation'' (33.3(1)), ``exemptions''
(33.3(9)), and ``source impact analysis'' (33.3(11)) are revised to
reflect Federal revisions to the PSD program. ``Subject to regulation''
(33.3(1)) is also revised to remove thresholds as related to greenhouse
gases. This revision is identical to the changes EPA made to Federal
PSD regulations on August 19, 2015. An inaccurate table title is
removed at 33.3(20), (``Conditions for permit issuance'').
Subrule 33.3(22)--Permit Rescission--is revised to allow for
rescission of PSD permits that are no longer required for a source
classified as a major for PSD solely because of the source's greenhouse
gas emissions, or for a source emitting major levels of other
pollutants that underwent a modification resulting in an increase of
only greenhouse gas emissions above the levels specified for a major
modification. This revision is consistent with Federal revisions to the
PSD program in 40 CFR 52.21(w) published on May 7, 2015 and August 19,
2015.
III. What 111(d) plan revisions are being approved by EPA?
EPA is approving a revision to Iowa's 111(d) plan for municipal
solid waste landfill emissions to correct an error in the emission
guidelines to clarify that landfills must meet both the size and weight
requirements indicated in 23.1(5)``a''(3)``1''.
IV. What operating permit plan revisions are being approved by EPA?
EPA is approving revisions to Iowa's operating permits program
submitted by the state of Iowa to update and clarify rules, and make
minor revisions and corrections.
The following definitions (22.100) are revised to update references
to current Federal regulations: ``Designated representative,'' ``EPA
reference method,'' and ``Subject to regulation.'' In addition to
revising the updated reference to Federal regulations, ``Existing
hazardous air pollutant source,'' and ``High-risk pollutant'' are
revised to remove the Federal amendment dates and add cross-references
to state rules that are adopted by reference. ``Major source'' is
revised to add ``or treated as classified'' to major stationary sources
in nonattainment areas.
Subrule 22.103(2)``b'' which refers to insignificant activities
under the operating permits program, is revised to add indirect cooling
to the description of fuel-burning equipment that may be classified as
an insignificant activity, and updates the references to Federal
regulations for burning used oil.
Rule 22.105--Title V permit applications--is revised to update the
address of the EPA Region 7 regional office, and adds that facilities
that submitted a Title V application with a previously-submitted annual
emissions inventory need not resubmit the emissions inventory.
Rule 22.108--Permit content--is revised to include the most recent
reference to Federal regulations.
V. Have the requirements for approval of the SIP, 111(d) plan, and
operating permit plan revisions been met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained previously and in more detail in the TSD which
is part of this docket, these revisions meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations. These revisions are also consistent with applicable EPA
requirements of the 111(d) plan submission and Title V of the CAA and
40 CFR part 70.
VI. What action is EPA taking?
EPA is taking direct final action to approve revisions to the Iowa
State Implementation Plan (SIP), the 111(d) plan, and the Operating
Permits Program. These revisions update and clarify rules and makes
minor revisions and corrections. Approval of these revisions will
ensure consistency between the state and Federally-approved rules, and
ensure Federal
[[Page 43305]]
enforceability of the state's revised air program rules. EPA is taking
direct final action because we view this as a noncontroversial action
and anticipate no relevant adverse comment. We have explained our
reasons for these actions in the TSD that is included with this docket.
However, in the ``Proposed Rules'' section of this 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.
VII. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Iowa
Regulations described in the direct final amendments to 40 CFR part 52
set forth below. Therefore, these materials have been approved by EPA
for inclusion in the SIP, have been incorporated by reference by EPA
into that plan, are fully Federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update to the SIP compilation.\1\
EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and/or at the EPA Region
7 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT; section of this preamble for more information).
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\1\ 62 FR 27968 (May 22, 1997).
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VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 14, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Reporting and recordkeeping requirements.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: August 24, 2017.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52,
62, and 70 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 43306]]
Subpart--Q Iowa
0
2. Section 52.820(c) is amended by:
0
a. Revising the table heading for ``Chapter 20''; and
0
b. Revising the table entries for ``567-20.1'', ``567-20.2'', ``567-
21.1'', ``567-22.1'', ``567-23.3'', ``567-25.1'', ``567-26.2'', ``567-
27.1'', ``567-27.3,'' ``567-28.1'', ``567-31.2'', ``567-33.1'', and
``567-33.3''.
The revisions read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(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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Chapter 20--Scope of Title--Definitions
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567-20.1.................. Scope of Title-- 3/22/2017 9/15/2017, [Insert This rule is a non-
Definitions. Federal Register substantive description
citation]. of the Chapters
contained in the Iowa
rules. EPA has not
approved all of the
Chapters to which this
rule refers.
567-20.2.................. Definitions.......... 3/22/2017 9/15/2017, [Insert The definitions for
Federal Register ``anaerobic lagoon,''
citation]. ``odor,'' ``odorous
substance,'' ``odorous
substance source'' are
not SIP approved.
* * * * * * *
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Chapter 21--Compliance
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567-21.1.................. Compliance Schedule.. 3/22/17 9/15/2017, [Insert
Federal Register
citation].
* * * * * * *
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Chapter 22--Controlling Pollution
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567-22.1.................. Stationary Sources... 3/22/17 9/15/2017, [Insert In 22.1(3) the following
Federal Register sentence regarding
citation]. electronic submission is
not SIP approved. The
sentence is:
``Alternatively, the
owner or operator may
apply for a construction
permit for a new or
modified stationary
source through the
electronic submittal
format specified by the
department.''
* * * * * * *
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Chapter 23--Emission Standards for Contaminants
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* * * * * * *
567-23.3.................. Specific Contaminants 3/22/17 9/15/2017, [Insert Subrule 23.3(3) ``(d)''
Federal Register is not SIP approved.
citation].
* * * * * * *
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Chapter 25--Measurement of Emissions
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567-25.1.................. Testing and Sampling 3/22/17 9/15/2017, [Insert
of New and Existing Federal Register
Equipment. citation].
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Chapter 26--Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
567-26.2.................. Episode Criteria..... 3/22/17 9/15/2017, [Insert
Federal Register
citation].
* * * * * * *
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Chapter 27--Certificate of Acceptance
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567-27.1.................. General.............. 3/22/17 9/15/2017, [Insert
Federal Register
citation].
[[Page 43307]]
* * * * * * *
567-27.3.................. Ordinance or 3/22/17 9/15/2017, [Insert
Regulations. Federal Register
citation].
* * * * * * *
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Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1.................. Statewide standards.. 3/22/17 9/15/2017, [Insert
Federal Register
citation].
* * * * * * *
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Chapter 31--Nonattainment Areas
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* * * * * * *
567-31.2.................. Rescinded............ 3/22/17 9/15/2017, [Insert Rescinded and reserved.
Federal Register
citation].
* * * * * * *
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Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1.................. Purpose.............. 3/22/17 9/15/2017, [Insert
Federal Register
citation].
567-33.3.................. Special Construction 3/22/17 9/15/2017, [Insert Provisions of the 2010
Permit Requirements Federal Register PM2.5 PSD--Increments,
for Major Stationary citation]. SILs and SMCs rule
Sources in Areas (October 20, 2010)
Designated relating to SILs and
Attainment or SMCs that were affected
Unclassified (PSD). by the January 22, 2013,
U.S. Court of Appeals
decision are not SIP
approved. Iowa's rule
incorporating EPA's 2007
revision of the
definition of ``chemical
processing plants'' (the
``Ethanol Rule,'' (May
1, 2007) or EPA's 2008
``fugitive emissions
rule,'' (December 19,
2008) are not SIP-
approved.
* * * * * * *
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* * * * *
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
3. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
4. Amend Sec. 62.3913 by adding paragraph (e) to read as follows:
Sec. 62.3913 Identification of plan.
* * * * *
(e) Grammatical revision to the plan for the control of air
emissions from municipal solid waste landfills submitted by the Iowa
Department of Natural Resources, on April 13, 2017. The state effective
date of the revision was March 22, 2017. The effective date of the
amended plan is November 14, 2017.
PART 70--STATE OPERATING PERMIT PROGRAMS
0
5. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
6. Amend appendix A to part 70 by adding paragraph (r) under the
heading ``Iowa'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(r) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100, 567-22.103, 567-
22.105, and 567-22.108. The state effective date is March 22, 2017.
This revision is effective November 14, 2017.
* * * * *
[FR Doc. 2017-19347 Filed 9-14-17; 8:45 am]
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