[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Rules and Regulations]
[Pages 10182-10184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4548]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2010-0011; FRL-9122-4]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Iowa State Implementation Plan (SIP) submitted by the State on April
28, 2009. The purpose of these revisions is to update existing air
quality rules; make corrections, clarifications and improvements; and
to add information with regard to the application of permit exemptions.
EPA is approving the SIP revisions pursuant to section 110 of the Clean
Air Act.
DATES: This direct final rule will be effective May 4, 2010, without
further notice, unless EPA receives adverse comment by April 5, 2010.
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-2010-0011, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail or Hand Delivery: Tracey Casburn, Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2010-0011. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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 http://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 http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's
official hours of business are Monday through Friday, 8 a.m. to 4:30
p.m. excluding Federal holidays. Interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: Tracey Casburn at (913) 551-7016, or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ''us,'' or
``our'' refer to the EPA.
Table of Contents
I. What is being addressed in this document?
II. What revisions is EPA approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The State has revised Chapter 22 of the State air pollution control
rules promulgated by the State's Environmental Protection Commission.
EPA is approving the revisions described below for the reasons
discussed in this document.
II. What revisions is EPA approving?
The State made revisions to Chapter 22, ``Controlling Pollution,''
to clarify the terms and conditions of permit exemptions for certain
internal combustion engines and spray booths. Those revisions are
described in this document.
The State added a requirement to Iowa Rule 567-22.1(2)``r'' that
the owner or operator of an internal combustion engine with a brake
horsepower of less than 400, measured at the shaft, must submit a
certification to the Iowa Department of Natural Resources that the
engine is in compliance with Federal New Source Performance Standards
listed at 40 CFR Part 60, Subpart IIII or Subpart JJJJ and Federal
National Emission Standards for Hazardous Air Pollutants (NESHAPS)
listed at 40 CFR Part 63, Subpart ZZZZ.
The State amended Iowa Rule 567-22.8(1) to add clarification that
the facilities, which spray one gallon per day or less of sprayed
material on a facility-wide basis, are exempt from all other
requirements of Iowa Rule 567-22 with the exception that the owner or
operator must adhere to record keeping requirements specified in the
rule for the sprayed material. The revision also requires that the
owner or operator must certify that the facility is in compliance with
or otherwise exempt from the Federal regulations specified in Iowa Rule
567-22.8(1)``e'' (the NESHAPS for paint stripping and surface coating
at area sources, and the NESHAPS for metal fabricating and finishing at
area sources).
The State added amendments to the same rule clarifying that
facilities, which spray more than one gallon per day but never more
than three gallons per day on a facility-wide basis, are exempt from
all other requirements of Iowa State Rule 567-22 except the owner or
operator must adhere to certification, recordkeeping and emissions
venting requirements as identified in the rule. The State added a
requirement that the owner or operator must certify that the facility
is in compliance with or otherwise exempt from the Federal regulations
specified in Iowa Rule 567-22.8(1)``e'' (described above).
[[Page 10183]]
The State added language clarifying that facilities, which spray
more than three gallons per day on a facility-wide basis, are not
eligible to use the permit by rule for spray booths and must apply for
a construction permit as required by subrules 567-22.1(1) and 567-
22.1(3) unless otherwise exempt.
The State added language explaining its requirements for the
``Notification Letter.'' Facilities which claim to be permitted by
provisions of the rule must submit a notification letter, on forms
provided by the State, certifying that the facility meets the following
requirements:
(1) All paint booths and associated equipment are in compliance
with the provisions of Iowa Rule 567-22.8(1);
(2) All paint booths and associated equipment are in compliance
with all applicable requirements, including but not limited to, the
allowable particulate emission rate for painting and surface coating
operations of 0.01 gr/scf of exhaust gas as specified in Iowa Rule 567-
23.4(13); and
(3) All paint booths and associated equipment are in compliance
with or otherwise exempt from the Federal NESHAPS at 40 CFR Part 63,
subpart HHHHHH.
This revision also amends the numbering system of Iowa Rule 567-
22.8(1)``e'' to allow for the addition of the requirements of the
notification letter.
III. What action is EPA taking?
EPA is taking final action to approve the revisions to the Iowa
SIP. The revisions submitted pertain to corrections, clarifications and
improvements as listed previously in this document. These modifications
either clarify existing requirements or add additional requirements for
sources to qualify for permit exemptions. Therefore, EPA has determined
that the revisions will not adversely affect the air quality in the
State of Iowa and will not relax the SIP.
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. The
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
EPA is processing this action as a direct final action because the
revisions make changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 Clean Air Act; 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 4, 2010. 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: February 23, 2010.
Karl Brooks,
Regional Administrator, Region 7.
0
40 CFR part 52 is amended as follows:
[[Page 10184]]
PART 52--[AMENDED]
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(c) the table is amended by revising the entries for
567-22.1 and 567-22.8 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 3/18/09 3/5/10 [insert FR page ..................
New or Existing number where the
Stationary Sources. document begins].
* * * * * * *
567-22.8....................... Permits By Rule....... 3/18/09 3/5/10 [insert FR page ..................
number where the
document begins].
......................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2010-4548 Filed 3-4-10; 8:45 am]
BILLING CODE 6560-50-P