Rule2021-13456
Air Plan Approval; Iowa; State Implementation Plan and State Plans for Designated Facilities and Pollutants
Primary source
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Published
June 25, 2021
Effective
July 26, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Iowa State Implementation Plan (SIP) and is also approving revisions to the Iowa Operating Permit Program. The revisions include updating definitions, regulatory references, requiring facilities to submit electronic emissions inventory information under the state's Title V permitting program, and updating references for the most recent federally approved minimum specifications and quality assurance procedures for performance evaluations of continuous monitoring systems. EPA is also approving previous revisions to the Operating Permit Program that allow for electronic document submission that meet EPA's requirements. These revisions will not impact air quality and will ensure consistency between the state and Federally approved rules.
Full Text
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<title>Federal Register, Volume 86 Issue 120 (Friday, June 25, 2021)</title>
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[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33544-33547]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13456]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2021-0266; FRL-10024-99-Region 7]
Air Plan Approval; Iowa; State Implementation Plan and State
Plans for Designated Facilities and Pollutants
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)
and is also approving revisions to the Iowa Operating Permit Program.
The revisions include updating definitions, regulatory references,
requiring facilities to submit electronic emissions inventory
information under the state's Title V permitting program, and updating
references for the most recent federally approved minimum
specifications and quality assurance procedures for performance
evaluations of continuous monitoring systems. EPA is also approving
previous revisions to the Operating Permit Program that allow for
electronic document submission that meet EPA's requirements. These
revisions will not impact air quality and will ensure consistency
between the state and Federally approved rules.
DATES: This final rule is effective on July 26, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0266. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Stephen Krabbe, Environmental
Protection Agency, Region 7 Office, Air Quality and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7991 or by email at <a href="/cdn-cgi/l/email-protection#2b40594a49494e05585f4e5b434e456b4e5b4a054c445d"><span class="__cf_email__" data-cfemail="d8b3aab9bababdf6abacbda8b0bdb698bda8b9f6bfb7ae">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is approving a submission from the State of Iowa to revise its
SIP and the Operating Permits Program. On August 12, 2020, the Iowa
Department of Natural Resources (IDNR) submitted a request to revise
the SIP to incorporate recent changes to Iowa Administrative Code,
including provisions relating to electronic submittal of information to
IDNR that were revised in previous state rulemakings. The following
chapters are impacted:
<bullet> Chapter 20, ``Scope of Title--Definitions;''
[[Page 33545]]
<bullet> Chapter 22, ``Controlling Pollution;''
<bullet> Chapter 23, ``Emission Standards for Contaminants;''
<bullet> Chapter 25, ``Measurement of Emissions;'' and
<bullet> Chapter 33, ``Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality.''
The revision includes a request for EPA to approve references in
Chapter 22 to allow for electronic submittal of air quality permit
applications, streamlined alternatives to traditional applications,
such as registrations, notifications, and template applications,
construction permit applications, acid rain permit applications,
notifications, emissions inventory, certifications, determination
requests, fees, forms, and payments.
The revision includes the new definitions of ``electronic format'',
``electronic submittal'', and ``electronic submittal format''. The
revisions also update the construction permit application provisions to
specify the types of submittals that may be included in an electronic
submittal option, updates methods and procedures for stack sampling and
associated analytical methods, updates the definition of ``volatile
organic compounds'' for prevention of significant deterioration (PSD)
and updates the applicability of the PSD rule to construction of any
new ``major stationary source''. The specific changes and EPA analysis
are discussed in more detail the proposed rule included in the docket
for this action.
The EPA solicited comments on the proposed revision to Iowa's SIP,
and did not receive any comments.
II. Have the requirements for approval of a SIP revision been met?
The August 12, 2020 submission met the public notice requirements
for SIP submissions in accordance with 40 CFR 51.102. The State held a
public comment period from March 11 to April 13, 2020, with a public
hearing on April 13, 2020. No public comments were received.
The items related to electronic submittal of permit applications
and emissions inventories, were placed on public notice at various
dates specified above. The supporting documentation has been included
in the docket. The only comment made specifically regarding the
language pertaining to Iowa's electronic document receiving system was
made by EPA and was resolved by EPA's approval of Iowa's electronic
document receiving systems pursuant to CROMERR requirements.
The above submittals satisfy the completeness criteria of 40 CFR
part 51, appendix V. In addition, these revisions meet the substantive
SIP requirements of the CAA, including section 110 and implementing
regulations. Finally, the revisions are also consistent with applicable
EPA requirements of Title V of the CAA and 40 CFR part 70.
III. What action is the EPA taking?
The EPA is taking final action to approve revisions to the Iowa SIP
and the Operating Permits Program. The revisions update the definitions
of ``EPA Reference Method'' and ``volatile organic compounds'', updates
the definitions to adopt the most current EPA methods for measuring air
pollutant emissions, performance testing, and continuous monitoring,
and to reflect changes EPA has made to the definitions. The revisions
also add regulatory cross-references, and define ``electronic format,''
``electronic submittal,'' and ``electronic submittal format'' to
facilitate the Department's launch of EASY Air, a new online electronic
method for submitting air quality permit applications.
EPA has determined that approval of these revisions will not impact
air quality and will ensure consistency between the state and
federally-approved rules, and ensure Federal enforceability of the
state's revised air program rules.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Iowa Regulations described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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 the 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 the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968, May 22, 1997.
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V. 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, the 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
<bullet> Does not provide the 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 the 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
[[Page 33546]]
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. The 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 24, 2021. 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, Reporting and recordkeeping requirements, Volatile organic
compounds.
40 CFR Part 70
Environmental protection, Acid rain, Administrative practice and
procedure, Air pollution control, Hazardous substances,
Intergovernmental relations, Licensing and registration, Reporting and
recordkeeping requirements.
Dated: June 14, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 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. In Sec. 52.820, the table in paragraph (c) is amended by revising
the entries for ``567-20.1'', ``567-22.1'', ``567-25.1'', and ``567-
33.3'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
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State
Iowa citation Title effective date EPA approval date Explanation
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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-- 7/22/2020 6/25/2021, [insert The definitions for
Definitions. Federal Register ``anaerobic
citation]. lagoon,'' ``odor,''
``odorous
substance,''
``odorous substance
source'' are not SIP
approved.
* * * * * * *
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Chapter 22--Controlling Pollution
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567-22.1................... Permits Required for 7/22/2020 6/25/2021, [insert
New or Stationary Federal Register
Sources. citation].
* * * * * * *
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Chapter 25--Measurement of Emissions
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567-25.1................... Testing and Sampling 7/22/2020 6/25/2021, [insert
of New and Existing Federal Register
Equipment. 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
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[[Page 33547]]
* * * * * * *
567-33.3................... Special Construction 7/22/2020 6/25/2021, [insert Provisions of the
Permit Requirements Federal Register 2010 PM2.5 PSD--
for Major Stationary citation]. Increments, SILs and
Sources in Areas SMCs rule, published
Designated in the Federal
Attainment or Register on October
Unclassified (PSD). 20, 2010, relating
to SILs and SMCs
that were affected
by the January 22,
2013, U.S. Court of
Appeals decision are
not, at the state's
request, included in
Iowa's SIP
provisions (see
Federal Register,
March 14, 2014)
(Vol. 79, No. 50).
* * * * * * *
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In appendix A to part 70 the entry for ``Iowa'' is amended by adding
paragraph (w) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Iowa
* * * * *
(w) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100, 567-22.120, 567-
22.105(1), 567-22.106(2), and 567-22.128(4). The state effective
date for 567-22.105(1) and 567-22.106(2) is April 17, 2019. The
state effective date for 567-22.100, 567-22.120, and 567-22.128(4)
is July 22, 2020. This revision is effective August 24, 2021.
* * * * *
[FR Doc. 2021-13456 Filed 6-24-21; 8:45 am]
BILLING CODE 6560-50-P
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