Rule2021-20157
Air Plan Approval; Iowa; Polk County; State Implementation Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 21, 2021
Effective
October 21, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving revisions to the Iowa State Implementation Plan (SIP) to include changes to the Polk County Board of Health Rules and Regulations in addition to revisions from past submittals. The revisions update definitions and references to the effective dates of Federal rules approved into the State's SIP, prohibit burning of demolished buildings, update references to methods and procedures for performance test/stack test and continuous monitoring systems, and revise permitting exemptions. These revisions will not adversely 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 180 (Tuesday, September 21, 2021)</title>
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[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Rules and Regulations]
[Pages 52413-52415]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20157]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0708; FRL-8711-02-R7]
Air Plan Approval; Iowa; Polk County; State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Iowa State Implementation Plan (SIP) to include
changes to the Polk County Board of Health Rules and Regulations in
addition to revisions from past submittals. The revisions update
definitions and references to the effective dates of Federal rules
approved into the State's SIP, prohibit burning of demolished
buildings, update references to methods and procedures for performance
test/stack test and continuous monitoring systems, and revise
permitting exemptions. These revisions will not adversely impact air
[[Page 52414]]
quality and will ensure consistency between the State and Federally
approved rules.
DATES: This final rule is effective on October 21, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2019-0708. 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: Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; (913) 551-7719; email address:
<a href="/cdn-cgi/l/email-protection#1d797272717c73336e69786d757c7374785d786d7c337a726b"><span class="__cf_email__" data-cfemail="7b1f1414171a1555080f1e0b131a15121e3b1e0b1a551c140d">[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?
The EPA is approving updates to Chapter V of the Polk County Board
of Health Rules and Regulations pertaining to air quality into Iowa's
SIP. Detailed information regarding the revisions is included in the
Technical Support Document (TSD) that is in the docket for the EPA's
proposed approval (88 FR 40392, July 28, 2021).
The revisions to the Iowa SIP incorporate Polk County's updated
definitions and references to the effective dates of Federal rules
approved into the State's SIP, update references to methods and
procedures for performance test/stack test and continuous monitoring
systems, prohibit burning of demolished buildings, and revise
permitting exemptions. The approved revisions to the Iowa SIP also
grant Polk County the ability to publish public notices and provide the
opportunity to comment on permit modifications online rather than in
area newspapers which is consistent with recent revisions to Iowa's SIP
(83 FR 191, October 2, 2018).
As stated in the proposed approval, the EPA is not acting on
portions of Polk County Chapter V that amend Standards for Marijuana
Production and Marijuana Processing (section 5-21), Permits for New and
Existing Stationary Sources, and Chapter 10-59, Permit Fees, that
pertain to Prevention of Significant Deterioration (PSD) regulations
because Iowa has not delegated the PSD program authority to Polk
County.
The EPA is also approving minor changes to the text of various
ordinances that were previously submitted to the EPA but were
inadvertently omitted from previous actions. These revisions were
contained in submittals dated December 3, 2007, September 1, 2009,
September 19, 2011, April 15, 2014, and November 25, 2015.
II. Have the requirements for approval of a SIP revision been met?
The state's submittals met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittals also
satisfy the completeness criteria of 40 CFR part 51, appendix V. In
addition, the EPA has determined that the 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 title V of the CAA and 40 CFR part 70.
The EPA proposed approval of the Polk County Code of Regulations
revisions into the Iowa SIP in a Federal Register document dated July
28, 2021 (88 FR 40392). The 30-day public comment period closed on
August 27, 2021. No comments were received.
III. What action is the EPA taking?
The EPA is taking final action to approve revisions to the Iowa SIP
to include the revisions to Chapter V of the Polk County Code of
Regulations pertaining to air quality.
The 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
[square] 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:
[square] 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);
[square] Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[square] 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.);
[square] Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
[square] Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
[square] Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
[square] Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
[[Page 52415]]
[square] Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
[square] 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 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 November 22, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Continuous
monitoring systems, Incorporation by reference, Performance and stack
testing, and Reporting and recordkeeping requirements.
Dated: September 10, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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 entry ``Chapter V'' under the heading ``Polk County'' to read as
follows:
Sec. 52.820 Identification of plan.
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(c) * * *
EPA-Approved Iowa Regulations
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State
Iowa citation Title effective EPA approval date Explanation
date
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Iowa Department of Natural Resources Environmental Protection Commission [567]
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Polk County
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Chapter V................. Polk County Board of 11/30/18 9/21/2021, [insert Article I, Section 5-2,
Health Rules and Federal Register definition of
Regulations Air citation]. ``anaerobic lagoon'' and
Pollution Chapter V. ``variance;'' Article
III, Incineration and
Open Burning, Section 5-
7(d) Variance
Application; Article VI,
Sections 5-16(n), (o)
and (p); Article VIII;
Article IX, Sections 5-
27(3) and (4); Article
X, Section 5-28,
subsections (a) through
(c), and Article X,
Section 5-35(b)(5);
Article XIII; Article
XIV; and Article XVI,
Section 5-75 B are not
part of the SIP.
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[FR Doc. 2021-20157 Filed 9-20-21; 8:45 am]
BILLING CODE 6560-50-P
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