[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61203-61204]
[FR Doc No: 2021-24229]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-193-000]

Columbia Gulf Transmission, LLC; Notice of Request for Extension
of Time

    Take notice that on October 26, 2021, Columbia Gulf Transmission,
LLC (Columbia Gulf) requested that the Federal Energy Regulatory
Commission (Commission) grant an extension of time, until November 15,
2022, in order to place the replacement facilities of the Mainline 100
and Mainline 200 Replacement Project (Project) into service, in Menifee
and Montgomery Counties, Kentucky, as authorized as part of Columbia
Gulf's Project in the November 15, 2019 Order Granting Certificate and
Approving Abandonment \1\ (November 15 Order). The November 15 Order
required Columbia Gulf to complete construction and make the facilities
available for service within one year of the order date.
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    \1\ Columbia Gulf Transmission, LLC, 169 FERC ] 62,084 (2019).
---------------------------------------------------------------------------

    On July 7, 2020, Columbia Gulf requested an extension of time until
November 15, 2021 to place the replacement facilities into service, to
allow additional time for the U.S. Department of Transportation
(``DOT'') to reach a decision on Columbia Gulf's application for a
special permit. The special permit would allow Columbia Gulf to operate
the segments of Mainline 100 and 200 proposed for replacement as part
of the Project at the current MAOP without pipe replacement work or
further action to maintain compliance with DOT regulations. On August
6, 2020, the Commission granted Columbia Gulf an extension of time
until November 15, 2021.
    The special permit application Columbia Gulf submitted to DOT on
October 15, 2019 has yet to receive a determination. In order to
provide DOT with additional time necessary to make a determination on
Columbia Gulf's special permit application, Columbia Gulf respectfully
requests a further extension of time to and including November 15,
2022, to place the replacement facilities into service. Upon receipt of
the special permit, Columbia Gulf would, pursuant to Rule 212 of the
Rules of Practice and Procedures of the Commission, 18 CFR 385.212,
Columbia Gulf would submit a Motion to Vacate the authorizations
granted in the November 15 Order with respect to the Mainline 100 and
Mainline 200 Replacement Project. If unsuccessful in obtaining the
special permit, Columbia Gulf would notify the Commission of its intent
to begin construction of the Project to comply with DOT requirements
and submit a revision to its Implementation Plan reflecting an updated
construction schedule.
    This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Columbia Gulf's
request for an extension of time may do so. No reply comments or
answers will be considered. If you wish to obtain legal status by
becoming a party to the proceedings for this request, you should, on or
before the comment date stated below, file a motion to intervene

in accordance with the requirements of the Commission's Rules of
Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations
under the Natural Gas Act (18 CFR 157.10).\2\
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    \2\ Only motions to intervene from entities that were party to
the underlying proceeding will be accepted. Algonquin Gas
Transmission, LLC, 170 FERC ] 61,144, at P 39 (2020).
---------------------------------------------------------------------------

    As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for Natural
Gas Act facilities when such requests are contested before order
issuance. For those extension requests that are contested,\3\ the
Commission will aim to issue an order acting on the request within 45
days.\4\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\5\ The Commission will not consider arguments that re-
litigate the issuance of the certificate order, including whether the
Commission properly found the project to be in the public convenience
and necessity and whether the Commission's environmental analysis for
the certificate complied with the National Environmental Policy Act.\6\
At the time a pipeline requests an extension of time, orders on
certificates of public convenience and necessity are final and the
Commission will not re-litigate their issuance.\7\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
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    \3\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \4\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
    \5\ Id. at P 40.
    \6\ Similarly, the Commission will not re-litigate the issuance
of an NGA section 3 authorization, including whether a proposed
project is not inconsistent with the public interest and whether the
Commission's environmental analysis for the permit order complied
with NEPA.
    \7\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
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    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFile'' link at
http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on November 16, 2021.

    Dated: November 1, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24229 Filed 11-4-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Page 58615]
[FR Doc No: 2012-23270]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2001-10654]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated July 26, 2012, the Association of American Railroads (AAR) has
petitioned the Federal Railroad Administration (FRA) for an extension
and amendment of an existing waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR 213.143 and 213.355. FRA assigned the petition Docket Number FRA-
2001-10654.
    The existing waiver was originally granted on April 22, 2003, and
was extended by a letter dated February 25, 2008. The current waiver
expires on February 1, 2013. AAR is petitioning for an additional
extension of the waiver. The waiver permits the operation of trains at
Class 5 speeds over ``heavy-point'' frog designs conforming to the
standards for Class 4 track frogs guard check and face gage dimensions.
    The heavy-point frog is a unique design, which has a thicker frog
point. As proposed in the original waiver petition, AAR states that it
offers safety benefits over a traditional frog because there is more
mass to reduce metal fatigue from impact loading, greater durability,
reduced susceptibility to point rollover, and better ability to guide
the wheel flange toward the proper flangeway. Heavy-point frog insert
design characteristics gradually widen to \31/32\ (0.9688) inches
overall, resulting in the heavy-point frog insert point being thicker
at the actual \5/8\ (0.6250)-inch frog point gage lines. The gage line
is actually \11/32\ (0.3438) inches thicker than a traditional \5/8\
(0.6250)-inch rail bound manganese frog point. Heavy-point frogs reduce
the standard guard check distance from 4 feet and 6[frac58] inches
(54.6250 inches) to 4 feet 6\29\/64 inches (54.4531 inches),
which does not comply with minimum safety standards for Class 5 track.
    AAR also seeks approval for the operation of trains at Class 6
speeds over heavy-point frog designs with guard check gages conforming
to the standards for Class 4 track frogs guard check and face gage
dimensions. AAR states that waiver denial would adversely affect
proposed high-speed operations that have numerous existing heavy-point
frog installations. AAR claims that since the requirements are the same
for Class 5 and Class 6 (49 CFR 213.143 and 213.355), the waiver should
be extended to Class 6.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 22, 2012 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on September 17, 2012.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2012-23270 Filed 9-20-12; 8:45 am]
BILLING CODE 4910-06-P


ACGIH, 2013. Industrial Ventilation  -  a manual of recommended practice for design, 28[th] Edition. American Conference of Governmental Industrial Hygienists.  ISBN: 978-1-607260-57-8.

Copywritted submission

Available in the Technical Data Center


[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Rules and Regulations]
[Pages 26599-26604]
[FR Doc No: 2018-12166]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 62, and 70

[EPA-R07-OAR-2017-0470; FRL 9979-10--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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking 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.

DATES: This final rule is effective on July 9, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2017-0470. All documents in the docket are listed on
the https://www.regulations.gov website. 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, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, 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. Background
II. What is being addressed in this document?
III. Have the requirements for approval of the SIP, 111(d) Plan, and
Operating Permit Plan Revisions been met?
IV. EPA's Response to Comments
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On September 15, 2017, EPA proposed to approve revisions to the
Iowa State Implementation Plan (SIP), the 111(d) plan, and the
Operating Permits Program. See 82 FR 43315. In conjunction with the
September 15, 2017 notice of proposed rulemaking (NPR), EPA issued a
direct final rule (DFR) approving revisions to the Iowa SIP, the 111(d)
plan, and the Operating Permits Program. See 82 FR 43303. In the DFR,
EPA stated that if adverse comments were submitted to EPA by October
16, 2017, the action would be withdrawn and not take effect.
    EPA received three comments prior to the close of the comment
period; one in support of the rule revisions and two of which were
adverse. EPA withdrew the DFR on November 14, 2017. See 82 FR 52667.
This action is a final rule based on the NPR. A detailed discussion of
Iowa's SIP revisions, the 111(d) plan revision, and the Operating
Permits Program revisions were provided in the DFR and will not be
restated here, except to the extent relevant to our response to the
public comment we received.

II. What is being addressed in this document?

    EPA is taking 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.

III. 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 above 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.

IV. EPA's Response to Comments

    The public comment period for EPA's proposed rule opened September
15, 2017, the date of its publication in the Federal Register, and
closed on October 16, 2017. During this period, EPA received three
comments; one in favor of the rule revision, and two with adverse
comments.
    Below are adverse comments from the first commenter with EPA's
responses:
    First commenter, comment 1: The commenter stated that EPA must
disapprove 567 Iowa Administrative Code (IAC) 22.1(2), ``Exemptions''
as applied to construction permits for existing stationary sources,
because existing sources already subject to PSD cannot use a plantwide
applicability limit (PAL) to avoid PSD requirements. The commenter also
stated that EPA must disapprove this provision because it does not
ensure that the minor sources exemptions will not cause or contribute
to a violation of a NAAQS or increment.
    EPA's response: Under 40 CFR 52.21(aa)(1), existing major
stationary sources may be issued an ``actuals PAL''. As stated in the
New Source Review (NSR) Reform Final Rule (67 FR 80185), sources
subject to an actuals PAL that maintain their emissions below a
plantwide actual emissions cap (that is, an actuals PAL), may use the
PAL process instead of the major NSR permitting process when
modifications are made to the facility or individual emissions units to
determine PSD applicability. Iowa's PAL program was approved by EPA on
May 4, 2007. See 72 FR 27056.
    While compliance with an actuals PAL may allow a source to avoid
PSD applicability, it does not necessarily exempt a source from
compliance with a state's minor NSR program. Therefore, a source with
an actuals PAL in Iowa may still need obtain a permit when there is a
physical change or change in method of operation under Iowa's minor NSR
program in 567 IAC 22.1. The exclusion of PAL sources from the list of
sources that cannot use the exemptions from 567 IAC 22.1 simply allows
those PAL sources to use the same exemptions as other sources in order
to avoid the permitting requirements of 567 IAC 22.1(1).
    Furthermore, allowing PAL sources to use the exemptions in 567 IAC
22.1(2) does not require EPA to disapprove the SIP. The state performs
technical reviews of construction permit exemptions to insure the minor
sources will not cause or contribute to a violation of a NAAQS or
increment. For example, on October 25, 2013, EPA approved a
construction permit exemption for certain temporary diesel engines used
in periodic testing and maintenance of natural gas pipelines in 567 IAC
22.1(2) paragraph ``oo''. See 78 FR 63887. As demonstrated in the
docket for that action, Iowa conducted an air quality assessment and
determined that the exemption was appropriate and included conditions
in the exemption that insured that the engine emissions would not
exceed the emission limits allowed under the small unit exemption in
567 IAC 22.1(2), paragraph ``w''. As an additional safeguard, 567 IAC
22.1(2) specifies that permitting exemptions do not relieve the owner
or operator of any source from any obligations to comply with any other
applicable requirements, including Title V requirements and PSD
requirements.
    First commenter, comment 2: The commenter stated that EPA must
disapprove 567 IAC 22.1(3) (as applicable to construction permits for
animal feeding operations) because it allows animals feeding operations
to be exempt from air pollution permitting, and because it only
requires animal feeding operations to obtain a permit under Iowa's
chapter 65 regulations that are not approved into the SIP. Finally, the
commenter stated that 567 IAC 22.1(3) illegally allows a source
category to be exempt from air pollution regulation.
    EPA's response: The modification to 567 IAC 22.1(3) clarifies that
a new or modified anaerobic lagoon for an animal feeding operation
shall apply for a construction permit as provided in 567 IAC chapter
65. It does not exempt animal feeding operations from air pollution
permitting, and solely applies to anaerobic lagoons at animal feeding
operations.
    On October 9, 2002, EPA approved modifications to 567 IAC 22.1(3),
567 IAC 22.1(3), paragraph ``c'', subparagraph (3), and 567 IAC 22.3(2)
to include new air construction permitting requirements for anaerobic
lagoons at animal feeding operations. See 67 FR 62889. EPA notes that
567 IAC 22.1(3), paragraph ``c'', which is enforceable by the state and
EPA as it is approved as part of Iowa's SIP, contains air construction
permit requirements that specifically apply to persons constructing
anaerobic lagoons at animal feeding operations. 567 IAC 22.3(2), which
is also enforceable by the state and EPA as it is approved as part of
Iowa's SIP, also contains air construction permitting requirements for
anaerobic lagoons at animal feeding operations. In addition, the EPA
notes that anaerobic lagoons for animal feeding operations are not
exempt from air construction permitting requirements under 567 IAC
22.1(2), which contains exemptions from air construction permitting
requirements for certain sources.
    Concerning the comment that Iowa's Chapter 65 regulations are not
approved as part of the SIP, the EPA notes that in its October 9, 2002
approval of the modifications to 567 IAC 22.1(3), 567 IAC 22.1(3),
paragraph ``c'', subparagraph (3), and 567 IAC 22.3(2), the EPA stated
that chapter 65 requirements have not been requested by Iowa to be
approved into the SIP because chapter 65 includes requirements (for
example, odor controls) not pertaining to the requirements of section
110 of the CAA.
    First commenter, comment 3: The commenter stated that EPA should
make clear that the current New Source Performance Standards (NSPS)
apply to sources in Iowa, even if the NSPS was subject to a legal
challenge and even if Iowa has not adopted the current NSPS.
    EPA's response: While the state included revisions to its adoption
of the NSPS in the submittal dated April 13, 2017, the state
specifically requested that EPA not act on the revisions, and therefore
this comment is outside of the scope of this action. The EPA notes that
the NSPS is applicable to sources in Iowa regardless of whether Iowa
has adopted the NSPS. Iowa adopts the NSPS in order to obtain
concurrent enforcement authority of the NSPS with the EPA.
    First commenter, comment 4: The commenter stated that 567 IAC
25.1(9), ``Methods and Procedures'' should be disapproved as the rule
claims that the Department can authorize the use of alternative
methodologies for testing and monitoring. The commenter further stated
that the state does not have authority to alter stack test and
monitoring methodologies for NSPS and NESHAP standards.
    EPA's response: 567 IAC 25.1, paragraph ``(a)'' was revised in
order for the state rules to be consistent with the most current
Federal rules. In addition to provisions within each NSPS and NESHAP
that preserve EPA's authority to approve certain alternative
methodologies for testing and monitoring, EPA also retains this
authority in accordance with sections 111(h)(3) and 112(e)(3) of the
CAA, 40 CFR 60.8(b)(2) and (3), 61.14, and part 63, subpart E.
    First commenter, comment 5: The commenter stated that EPA must
disapprove 567 IAC 26.2(2) because it is missing PM2.5
thresholds for air

pollution alerts and air pollution warnings.
    EPA's response: Iowa revised 567 IAC 26.2 in order to be consistent
with 40 CFR part 51, appendix L, which addresses example regulations
for prevention of air pollution emergency episodes that would cause
imminent and substantial endangerment to the health of persons. States
are required under 40 CFR part 51, subpart H, to develop emergency
contingency plans that are classified as Priority 1 regions where
ambient concentrations of a pollutant exceed specific thresholds. In
accordance with 40 CFR 51.151, each plan for a Priority 1 region must
include a contingency plan that provides for taking action necessary to
prevent ambient pollutant concentrations at any such area in the region
from reaching a significant harm threshold.
    To date, EPA has not promulgated a significant harm threshold for
Priority 1 areas for PM2.5. However, EPA has recommended
PM2.5 priority levels through guidance,\1\ and has
recommended that states develop emergency episode contingency plans for
any area that has monitored and recorded 24-hour PM2.5
levels greater than 140.4 [micro]m/m\3\ since 2006. If a state has
monitored and recorded PM2.5 levels greater than 140.4
[micro]m/m\3\, the EPA also recommends that the state develop emergency
action levels and a significant harm level for PM2.5 in
accordance with EPA guidance and consistent with the requirements of 40
CFR 51.150 through 51.153.
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    \1\ See EPA Memorandum entitled ``Guidance on Sip Elements
Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),
William T. Harnett, September 25, 2009.
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    Because Iowa has not monitored and recorded 24-hour
PM2.5 levels greater than 140.4 [micro]m/m\3\ since 2006,
Iowa is not required to develop an emergency action plan nor establish
emergency action levels and a significant harm level for
PM2.5.
    First commenter, comment 6: The commenter stated that EPA must
disapprove paragraph 27.2(4)``c'' as this paragraph implies that local
air agencies have authority to grant variances for emission limits and
other applicable requirements. In addition, the commenter stated that
Iowa Code 455B-133, 134, and 143 must be disapproved due to director's
variance provisions.
    EPA's response: The EPA has interpreted this as a comment on EPA's
proposed approval of 567 IAC 27.3(4), paragraph ``c''. The current
local air pollution control agencies in Iowa do not have federally
approved variance procedures. See 40 CFR 52.820(c). As such, EPA's
approval of 567 IAC 27.3(4), paragraph ``c'' does not create a
federally-approved variance program for the local air pollution control
agency. In addition, Iowa Code 455B-133, 134, and 143 are not a part of
Iowa's SIP.
    First commenter, comment 7: The commenter stated that Iowa removed
the title ``Significant Impact Levels (SILs)'' of the table in 567 IAC
33.3(20) but left the SILs in place. The commenter stated that removing
the title does not fix the problem of SILs not being authorized by the
Clean Air Act. The commenter stated that therefore the last sentence of
567 IAC 33.3(20) and the table must be disapproved and expressed
further reasons to disapprove the SILs.
    EPA's response: As acknowledged by the commenter, the only change
to the table in 567 IAC 33.3(20) was the removal of the table's title.
The title was removed by the state to be consistent with the table in
40 CFR 51.165(b)(2), which also does not have a title. Because the
state only removed the title of the table, and did not otherwise revise
the text or table of 567 IAC 33.3(20), the comments concerning the last
sentence of the 567 IAC 33.3(2) and the table are outside the scope of
this action. In addition, the referenced sentence and table are
consistent with the text and table of 40 CFR 51.165(b)(2).
    First commenter, comment 8: The commenter stated that EPA must
disapprove 567 IAC 33.3(22) in its entirety as the Clean Air Act does
not allow for the rescission of PSD permits.
    EPA's response: 40 CFR part 52 implements the PSD provisions of the
CAA. PSD permits may be rescinded in accordance with 40 CFR 52.21(w).
    Second commenter: A second commenter stated that EPA cannot rescind
567 IAC 21.1(4) unless the Clean Air Interstate Rule (CAIR) is removed
from the Iowa SIP.
    EPA's response: 567 IAC 21.1(4) specifies emissions inventory
requirements for Iowa's implementation of CAIR. Iowa's CAIR regulations
are found in 567 IAC chapter 34 and remain a part of the approved SIP.
The Federal CAIR regulations have been phased out and replaced by the
Cross-State Air Pollution Rule (CSAPR). (See 76 FR 48208). Because the
emissions inventory requirements of 567 IAC 21.1(4) were implemented in
Iowa in order to comply with CAIR and are not relied upon for any other
provision of Iowa's SIP, and because CAIR has been replaced by the
CSAPR, EPA is approving Iowa's request to remove 567 IAC 21.1(4) from
Iowa's SIP.

V. What action is EPA taking?

    EPA is taking final action to approve revisions to the Iowa State
Implementation Plan, 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 enforceability of the state's revised air program rules.

VI. 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 final 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 Further
Information Contact section of this preamble for more information).
    Therefore, these materials have been approved by EPA for inclusion
in the State implementation plan, 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 in the next
update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VII. 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);
     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 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, 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 August 7, 2018. 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: May 25, 2018.
James B. Gulliford,
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.

Subpart Q--Iowa

0
2. Section 52.820(c) is amended by revising the heading for chapter 20
and the 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'' to
read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
       Iowa citation                 Title         effective date   EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
                                     Chapter 20--Scope of Title--Definitions
----------------------------------------------------------------------------------------------------------------
567-20.1...................  Scope of Title-              3/22/17  6/8/2018, [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 the
                                                                                Chapters to which this
                                                                                rule refers.
567-20.2...................  Definitions.........         3/22/17  6/8/2018, [Insert    The definitions for
                                                                    Federal Register     ``anaerobic lagoon,''
                                                                    citation].           ``odor,'' ``odorous
                                                                                substance,'' ``odorous
                                                                                substance source'' are
                                                                                not SIP approved.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             Chapter 21--Compliance
----------------------------------------------------------------------------------------------------------------
567-21.1...................  Compliance Schedule.         3/22/17  6/8/2018, [Insert    ........................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1...................  Stationary Sources..         3/22/17  6/8/2018, [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.''

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Chapter 23--Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-23.3...................  Specific                     3/22/17  6/8/2018, [Insert    567 IAC 23.3(3) ``(d)''
                              Contaminants.                         Federal Register     is not SIP approved.
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1...................  Testing and Sampling         3/22/17  6/8/2018, [Insert    ........................
                              of New and Existing                   Federal Register
                              Equipment.                            citation].
----------------------------------------------------------------------------------------------------------------
                           Chapter 26--Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-26.2...................  Episode Criteria....         3/22/17  6/8/2018, [Insert    ........................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 27--Certificate of Acceptance
----------------------------------------------------------------------------------------------------------------
567-27.1...................  General.............         3/22/17  6/8/2018, [Insert    ........................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
567-27.3...................  Ordinance or                 3/22/17  6/8/2018, [Insert    ........................
                              Regulations.                          Federal Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1...................  Statewide standards.         3/22/17  6/8/2018, [Insert    ........................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-31.2...................  Rescinded...........         3/22/17  6/8/2018, [Insert    Rescinded and reserved
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
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  6/8/2018, [Insert    ........................
                                                                    Federal Register
                                                                    citation].

567-33.3...................  Special Construction         3/22/17  6/8/2018, [Insert    Provisions of the 2010
                              Permit Requirements                   Federal Register     PM2.5 PSD--Increments,
                              for Major                             citation].           SILs and SMCs rule
                              Stationary Sources                                         (published October 20,
                              in Areas Designated                                        2010) relating to SILs
                              Attainment or                                              and SMCs that were
                              Unclassified (PSD).                                        affected 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,'' (published May
                                                                                1, 2007) or EPA's 2008
                                                                                ``fugitive emissions
                                                                                rule,'' (published
                                                                                December 19, 2008) are
                                                                                not SIP-approved.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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 revising paragraph (d) and adding paragraph
(e) to read as follows:

Sec.  62.3913  Identification of plan.

* * * * *
    (d) Amended plan, submitted September 19, 2001. Clarifying
revisions to the plan with regard to design capacity reports for
control of air emissions from municipal solid waste landfills submitted
by the Iowa Department of Natural Resources on September 19, 2001. The
amended plan was effective February 11, 2002.
    (e) Amended plan, submitted April 13, 2017. 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 August 7, 2018.

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 was March 22, 2017.
This revision is effective August 7, 2018.
* * * * *
[FR Doc. 2018-12166 Filed 6-7-18; 8:45 am]
 BILLING CODE 6560-50-P